Deconstructing the language of the EUCSDDD. Through a TWAIL lens and a human rights perspective

Abstract

The EU Corporate Sustainability Due Diligence Directive (EUCSDDD) is an ambitious instrument designed to advance corporate accountability for human rights and the environment on a global scale. However, it is a contested project which has attracted criticism due to the risk of entrenching Global North and Global South inequalities. One of the major allegations brought against it is that while it is primarily designed for the Global South it does not include Global South actors including rightsholders in its making. This thesis primarily investigated whether the ‘West’ and ‘Rest’ discourse was evident in the making of the Directive and its subsequent implications by employing a discourse analysis from a TWAIL and a human rights perspective. Part of the analysis examined the underlying unconscious biases by delving deeper into the linguistic processes using the Conceptual Metaphor Theory as a tool. The findings indeed illustrate a strong ‘West’ and ‘Rest’ ideology which as suggested guides the rationale behind the actions taken by the EU. Subsequently, this study compared its findings with the Final Compromised Text and established a correspondence between the input process and the output result of the Directive. It is concluded that the ‘West’ and ‘Rest’ ideology as well as its effects may be mitigated by including the one that has been ‘othered’ i.e. the Global South.