Justice without borders: Opportunities from France’s ‘Duty of Care’ Act applied to Uganda

In 2017, France legislated a prohibition on domestic hydrocarbon exploration and production by 2040, in line with national carbon emissions reduction goals. As the law applies only to France or French territories, there is argued incentive for French-based companies to move their extractive activities abroad. France also passed in 2017 a remarkable ‘due diligence’ law—the Duty of Care Act—that holds large French companies responsible for impacts of their activities worldwide, including subsidiaries and the totality of their supply chains. The law’s potential reach is unclear as there is currently no case law to guide decision-making and application of its provisions. This Act merits close examination as it is the most comprehensive law globally aimed at enforcing corporate responsibility and requires companies of a defined size to create plans to anticipate and mitigate risk to human and environmental rights. Companies that violate the law by failing to address risk through a comprehensive plan may face stiff penalties and can be brought to court by ‘interested parties’ in French courts. The Act allows for those facing risk of harm or those acting on their behalf, including NGOs, to bring claims within France’s judicial system, which is arguably significant in countries with weak enforcement or legal capacity. The first lawsuit under the Act was brought against French-based Total by a consortium of French and Ugandan NGOs over the company’s alleged failure to adequately address risk to human and environmental rights in Uganda. However, while the case remains pending in the French court system, there are several opportunities to learn from analysis of this case and its significance in a global context. This perspective article discusses the current case and analyses the potential gaps and opportunities of application of the law. Further, this research considers the role of the French law as a model for other countries that are aiming to develop similar legislation or extend the reach of their own ‘due diligence’ frameworks.