The ‘Logic of Sacrifice’ and ‘Sacrifice Zones’ from a Corporate Law Perspective

This commentary reflects on Professor Elisa Morgera’s Montesquieu Lecture 2026 from a corporate law perspective. It engages with her concept of a ‘logic of sacrifice’, which describes how fossil fuel-based economies externalise environmental and social harms onto vulnerable communities and ecosystems. Building on this idea, the commentary explores how corporate law and corporate sustainability regulation attempt to address such harms through governance, disclosure, accountability and due diligence obligations.

In particular, this contribution discusses questions relating to the allocation of responsibilities between states and corporations, the role of climate litigation, and recent developments in EU sustainability regulation. It also reflects on broader tensions between sustainability objectives, competitiveness concerns and geopolitical developments, as well as the risk of an overly narrow focus on carbon emissions within existing frameworks. Ultimately, the commentary questions the extent to which incremental legal and governance reforms are capable of addressing the more structural problems underlying environmental degradation and inequality.