The Brussels Effect and the Mekong: A Comparative Analysis of Mandatory Human Rights Due Diligence in the EU and Southeast Asia

Abstract

The transition from voluntary Corporate Social Responsibility (CSR) to mandatory Human Rights Due Diligence (mHRDD) represents a paradigm shift in international corporate law. This article examines the extraterritorial implications of the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) and its friction points with emerging legal frameworks in Southeast Asia, specifically Thailand and Vietnam. By analyzing the "Brussels Effect," this paper argues that while the EU is effectively exporting its regulatory standards, the lack of reciprocal enforcement mechanisms in ASEAN jurisdictions creates a Rule of Law (RoL) vacuum. This vacuum leaves multinational corporations navigating a complex dichotomy between strict liability in home states and regulatory ambiguity in host states. The article concludes with proposals for a harmonized transnational dispute resolution mechanism.