Climate Change and its ‘Grotian’ Effects on a Principle of Corporate Liability in International Law

Abstract

As climate change hazards keep intensifying, there seems to be an increasing recognition that corporations are not immune from international obligations on the protection of human rights and the environment. The present article argues that the climate crisis might be contributing, as a ‘Grotian Moment’, to the crystallisation of an already developing principle on corporate liability for human rights and environmental violations. After a brief account of the long-lasting debate on the existence and nature of corporate obligations under international law, the relevant business and human rights (non-binding) instruments will be addressed, highlighting their limits as well as their preparatory role in the ongoing paradigm shift. The ‘Grotian’ implications of climate change will be examined through the lens of climate litigation against companies, which highlights a crucial osmosis between the relevant international standards and domestic legal systems.