Corporate Social Responsibility under Iranian Law and European Union Law following the Adoption of the 2024 European Corporate Sustainability Due Diligence Directive

Document Type : Original Article

Authors

• Hossein KAVIAR ¹
• Farid KOMIJANI ²

¹ Associate Professor, Department of Private Law, Arak University, Arak, Iran

² PhD in Private Law, Islamic Azad University, Arak Branch, Arak, Iran

https://doi.org/10.22067/economlaw.2025.94353.1473

Abstract

Extended Abstract
The 1970s are considered a significant turning point in the development of the "Corporate Social Responsibility (CSR)" movement. During this period, with increasing attention to social responsibilities, the importance of evaluating the impact of companies' activities on human rights and the environment throughout the supply chain grew considerably. The term Corporate Social Responsibility, which refers to "voluntary activities undertaken by companies in the areas of environmental protection or the observance of human rights," was first introduced in 1953. However, it did not gain widespread use until the 1970s. In 1971, the Committee for Economic Development, an influential non-profit policy organization, initiated this movement by supporting the idea of a "social contract" between businesses and society, according to which businesses are obligated to strive for the promotion of social responsibility beyond providing goods and services. This movement gained increasing popularity in the following decade and was influenced by other contemporary social movements (such as the environmental movement) and new environmental laws (such as the Clean Air Act and the Occupational Safety and Health Act). Concurrently, the Guidelines for Multinational Enterprises were adopted by the Organisation for Economic Co-operation and Development (OECD) in 1976, and many international organizations developed non-binding guidelines that, if followed, would protect individuals against human rights violations and other abuses committed by companies. Following the adoption of the United Nations Guiding Principles on Business and Human Rights in 2011, an international framework was established for companies to conduct their business activities with respect for human rights. These principles encourage companies to consider the social and environmental impacts of their activities in addition to profitability. Furthermore, companies must prevent human rights violations in all their operations and address the negative impacts of their activities on human rights. Additionally, according to these principles, individuals whose rights have been violated by companies should have access to judicial authorities and be able to receive compensation.
International trade enables companies to relocate activities that lead to environmental degradation and human rights violations to different parts of the world. To counter this challenge, efforts are underway to integrate environmental protection and respect for human rights into national trade policies. The European Union is at the forefront of this endeavor. The European Union announced its commitments to strengthen the regulatory framework for sustainable business conduct in 2020. Two years later, a proposal for a directive on corporate sustainability due diligence was introduced. As part of the overarching agenda for sustainability and the European Green Deal, the Corporate Sustainability Due Diligence Directive (CSDDD or CS3D, or the "Directive") was adopted in 2024 as a tool for the European Union to become a leader in the field of sustainable business conduct. The adoption of this Directive faced significant political hurdles. These challenges began with Germany's withdrawal of political support for the Directive in February 2024. Subsequently, France and Italy also withheld their support. These political controversies necessitated further revisions to the text of the Directive to secure their backing.

Keywords

• Sustainable Development
• Sustainability Governance
• Corporate Governance
• Business and Human Rights
• European Green Deal

Main Subjects

• Corporate Law

References

• Abedi, Ebrahim. (2017). The Legal System Governing Corporate Groups, Tehran: Enteshar Publishing, First Edition (in Persian).
• Ahmadian, Vahid., Naghdī, Sajad., Fazlzadeh, Alireza. (2024). Sustainability and the Capital Market, Tehran: Bourse Publishing, First Edition (in Persian)
• Bakhtina, K. (2024). The EU directive on corporate sustainability due diligence: success or failure? Amsterdam Law Forum, 16(1), 77-83.
• Bradford, A. (2020). The Brussels Effect: How the European Union Rules the World, Oxford University Press.
• Bueno, N., Bernaz, N., Holly, G., Martin-Ortega, O. (2024). The EU Directive on Corporate Sustainability Due Diligence (CSDDD): The Final Political Compromise, Business and Human Rights Journal, 9(2), 294 – 300. DOI: https://doi.org/10.1017/bhj.2024.10
• Bueno, N., Bright, C. (2020). Implementing Human Rights Due Diligence through Corporate Civil Liability, International & Comparative Law Quarterly, 69(4), 789-818. Available at: https://ssrn.com/abstract=3689241
• Bueno, N., Ngueuleu, I. (2024). Civil Liability in the EU Corporate Sustainability Due Diligence Directive: A ‘Brussels Effect’ on International Investment Law? Forthcoming in Andreas R. Ziegler, Damiano Canapa, Maria Izabel Cardozo (eds), Business and Human Rights: Emerging Challenges, Issues, and Trends, Martinus Nijhoff.
• Buhmann, K., Feld, L. (2024). Shifting boundaries: a transnational legal perspective on the EU Corporate Sustainability Due Diligence Directive, Transnational Legal Theory, 15(3), 370-396. DOI: 1080/20414005.2024.2426961
• Chambers, R., Birchall, D. (2024). How European Human Rights Law Will Reshape U.S. Business, Hastings Business Law Journal, 20(3), 3-57. https://repository.uclawsf.edu/hastings_business_law_journal/vol20/iss1/3
• Ciacchi, S. (2024). The newly-adopted Corporate Sustainability Due Diligence Directive: an overview of the lawmaking process and analysis of the final text, ERA Forum, 25, 29–48. https://doi.org/10.1007/s12027-024-00791-y
• Crockett, A., Chin, R. (2023). Korea Tables Mandatory Human Rights and Environmental Due diligence, 14 September 2023. https://www.herbertsmithfreehills.com/insights/2023-09/south-korea-tables-mandatory-human-rights-and-environmental-due-diligence-law (last accessed 11 Feb 2025).
• Davis, R. (2013). The UN Guiding Principles on Business and Human Rights and conflict-affected areas: state obligations and business responsibilities, International Review of the Red Cross, 94(887), 961-979. doi:10.1017/S1816383113000350
• Farah, Y., Kunuji, Va., & Kent, A. (2023). Civil Liability Under Sustainability Due Diligence Legislation: A Quiet Revolution?, King's Law Journal, 34(3), 499-523. DOI: 10.1080/09615768.2023.2283234
• Garcia, S. G. (2024). European Coalition for Corporate Justice, CSDDD endorsement brings us 0.05% closer to corporate justice, 15 March 2024, https://corporatejustice.org/news/reaction-csddd-endorsement-brings-us-0-05-closer-tocorporate-justice/ (last accessed 28 Jan 2025).
• Garzella, S. (2018). L'azienda e la corporate social responsibility: Approfondimenti dottrinali e riflessioni gestionali, L'azienda e la corporate social responsibility, 1–124.
• Hancock, A., Bounds, Andy. (2024). ‘EU’s new environmental laws irk developing countries’, Financial Times, 15 March 2024. https://www.ft.com/content/82ab2d5b-e4c3-4561-880f-1167c4163f61 (last accessed 11 Feb 2025).
• Ho-Dac, Marion. (2023). The Extraterritorial Scope of European Corporate Due Diligence, in L’Union européenne et l’extraterritorialité – Acteurs, fonctions, rédactions, (dir.) C. Rapoport & A. Herve, France, Presses Universitaires de Rennes, 181-199, Available at: https://ssrn.com/abstract=4561841
• Hogan, B., Reyes, J. (2023). Downstream Human Rights Due Diligence: Informing Debate Through Insights from Business Practice, Business and Human Rights Journal, 8(3), 1-7. doi:1017/bhj.2023.27
• Huiru, Wang. (2024). Comparative analysis and legal reflection on the boundaries of human rights due diligence in the supply chain, Journal of Human Rights, 23(2), 393-419.
• Kluiver, Harm-Jan. (2023). Towards a Framework for Effective Regulatory Supervision of Sustainability Governance in Accordance with the EU CSDD Directive. A Comparative Study, European Company and Financial Law Review, 20(1), 203-239. https://doi.org/10.1515/ecfr-2023-0010
• Koenig, C. (2024). Human Rights or Private Rights? – Effective Protection of Victims in Global Supply Chains, AJIL Unbound, Vol. 118, 269-273. doi:10.1017/aju.2024.51
• Lennarts, L. (2023). Civil liability of companies for failure to conduct corporate sustainability due diligence throughout their value chains - Is Art. 22 CSDDD fit for purpose? Ondernemingsrecht, 2023(5), 257-267. https://research.rug.nl/en/publications/civil-liability-of-companies-for-failure-to-conduct-corporate-sus
• Lichuma, C. O. (2021). Laws Made in the “First World”: A TWAIL Critique of the Use of Domestic Legislation to Extraterritorially Regulate Global Value Chain, Heidelberg Journal of International Law, Vol.81, 497–532. https://doi.org/10.17104/0044-2348-2021-2-497
• Mancini, D., Lamboglia, R., Garzella, S., Fiorentino, R. (2016). Strategie di sostenibilità: dalle motivazioni ai sistemi di misurazione della performance, Strategie di sostenibilità: dalle motivazioni ai sistemi di misurazione della performance, 116–142.
• Marx, Axel. (2025). The European Union’s Directive on corporate sustainability development due diligence: an institutional design effectiveness analysis, Journal of Environmental Policy & Planning, 1-14. DOI: 1080/1523908X.2025.2451698
• Mccullagh, V. (2024). The EU Corporate Sustainability Due Diligence Directive: Real Change or More of the Same? European Business Law Review, 35(5), 603-626.
• Mieszkowska, J. (2024). The Unintended Consequences of the EU Corporate Sustainability Due Diligence Directive, AJIL Unbound, Vol. 118, 291-296. https://doi.org/10.1017/aju.2024.48
• Minciullo, M. (2019). Corporate Governance and Sustainability The Role of the Board of Direct, Palgrave Macmillan.
• Pacces, A. M. (2023). Civil Liability in the EU Corporate Sustainability Due Diligence Directive Proposal, OBLB. (last accessed 15 Feb 2025).
• Pacces, A.M. (2023). Civil Liability in the EU Corporate Sustainability Due Diligence Directive Proposal: A Law & Economics Analysis, European Corporate Governance Institute - Law Working Paper No. 691/2023, Amsterdam Law School Research Paper No. 2023-14, Amsterdam Center for Law & Economics Working Paper No. 2023-02, Ondernemingsrecht 2023/37, pp. 268-276, Available at SSRN: https://ssrn.com/abstract=4391121
• Radja, R., Akin, S. (2024). Strengthening the Efficacy of the CSDDD through Private International Law, European Review of Private Law, 32(5), 875 – 896. https://doi.org/10.54648/erpl2024044
• Schall, Alexander. (2024). The CSDDD: Good Law or Bad Law? European Company Law Journal, 21(3), 56–58. https://doi.org/10.54648/eucl2024009
• Schipani, C.A. (2001). Taking it Personally: Shareholder Liability for Corporate Environmental Hazards, The Journal of Corporation Law, 27(1), 29-63. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=338521
• Schoenefeld, J. J., Hildén, M., & Jordan, A. J. (2016). The challenges of monitoring national climate policy: learning lessons from the EU, Climate Policy, 18(1), 118–128. https://doi.org/10.1080/14693062.2016.1248887
• Schwartz, J. (2023). The Levers of Sustainability: The EU Directive on Corporate Sustainability Due Diligence in Comparison to US Law, Podjetje in Delo (Company and Labour): A Journal for Commercial, Labour and Social Law, University of Utah College of Law Research, Paper No. 555, Available at: https://ssrn.com/abstract=4489417
• Shulman, Skylar. (2024). Corporate sustainability due diligence: combining human rights and the environment, Columbia Journal of Environmental Law, 49(2), 479-523. https://doi.org/10.52214/cjel.v49i2.12633
• Sjåfjell, B., Bruner, C.M. (2019). The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability, Cambridge University Press. https://doi.org/10.1017/9781108658386
• Toosi, Abbas. (2014). Economic Analysis of Corporate Law, Tehran: Shahr-e-Danesh Publishing, First Edition (in Persian)