Mandatory Human Rights Due Diligence Legislations (mHRDD) in Europe: hope for extraterritorial obligations in business and human rights?

The UN ESCR Committee has clarified that States should regulate corporations domiciled in their territory and/or jurisdiction for their activities abroad and take all the reasonable measures that could prevent the occurrence of a violation. Some States (i.e. France, Germany, the Netherlands, Finland, Belgium) are working towards the adoption of legislations imposing companies human rights due diligence in their global supply chains. Moreover the European Commission announced that it will come out with a legislative proposal on the topic in 2021. While these developments could represent an important sign of hope for the future development of ETOs related to non-state actors, a question remains: are these legislations enough to protect human rights from corporate abuses extraterritorially? The present intervention aims at answering to this question through an analysis of some recent developments on mandatory human rights due diligence legislation.