ENERGY TRANSITION AND CORPORATE DUE DILIGENCE WITHIN THE FRAMEWORK OF COMPLEMENTARITY BETWEEN HUMAN RIGHTS AND THE RIGHTS OF NATURE

Abstract

The article analyzes how the climate emergency impacts not only on human rights, but also on nature as an autonomous and independent subject, that is, on the rights of nature. However, human rights and nature are interconnected and related based on the notion of integrality. This notion is constructed in two ways: from human rights to the rights of nature and from the rights of nature to human rights. Faced with the climate emergency with the aim of protecting human rights and nature, the solution that is imposed is the reduction of GHG emissions, which, the world consensus of experts indicates, can only be achieved through the energy transition. In this vein, the article analyzes establishes a guiding principle: the energy transition is not simply about replacing fossil energy sources with renewable sources, the transition must be guided by sustainable development, the protection of nature and respect for human rights. In this way, taking into account that energy transition projects, such as solar panel farms or wind farms, are led and implemented by companies, a key element that should guide the energy transition is business due diligence on human rights. Due diligence, which by virtue of the integrality of human rights, must be extended or rather interconnected with the protection of nature (nature due diligence) and with the fight against the climate emergency (climate due diligence).