A responsabilidade das empresas por violações ao direito internacional das mudanças climáticas no direito internacional em um mundo caleidoscópico : transformações a partir da litigância climática e ESG

Abstract

While globalization has increased the influence of private actors, International Law has made little progress in discussing their liability. Although classical theory has shown itself to be limited in proposing an answer to this question, currents of International Law combined with the contemporary perspective of legal science have advanced in parallel, raising other possible approaches to the controversy. This is the case of Edith Brown Weiss's theoretical perspective on International Law in the Kaleidoscopic World, thus adopted by this study as a theoretical framework. This dissertation seeks to answer the following research problem: Considering the doctrinal controversy on the recognition of companies as subjects of International Law (i) and the respective contributions of private actors to the worsening of climate change (ii), how can a perspective of international liability of companies - considered as international private actors - be developed beyond the binomial State-international obligations, for violations of International Climate Change Law, under the theoretical foundation of International Law in a Kaleidoscopic World? To answer the research problem, the study adopted as its general objective to analyze the possibility of attributing international liability to companies for the practice of activities that contribute to the worsening of climate change within the scope of International Climate Change Law, considering the theoretical foundation of Edith Brown Weiss on International Law in a Kaleidoscopic World. In summary, the aim is to understand whether these actors can, in fact, be held internationally liable for the violation of climate commitments in the international sphere, by what means and to what extent. In conclusion, the results refute the main hypothesis, understanding that companies can be held liable beyond the binomial State-international obligations, before national courts for the violation of International Climate Change Law, as well as for the violation of commitments assumed within the ESG selfregulatory framework, from the theoretical perspective of International Law in a Kaleidoscopic World. [resumo fornecido pelo autor]