Regulating Deforestation Beyond the EU's Borders: Legitimacy and Regulatory Reach of the EUDR in Ghana and Indonesia

The EU Regulation on Deforestation-Free Supply Chains (EUDR) represents a pioneering effort to tackle agricultural-driven deforestation by regulating supply chains of forest-risk commodities. It is a case of the EU’s assertion of regulatory power beyond its borders, in the absence of a binding multilateral agreement on deforestation. While some view the EUDR as the Global North taking responsibility for its role in the problem, many producer countries, particularly from the Global South, have criticised it as discriminatory, neo-colonial, and protectionist. This paper explores the legitimacy and regulatory reach of the EUDR by comparing the responses of producer countries with high versus low EU market influence, specifically focusing on Ghana and Indonesia. Using a discourse-theoretical framework, the paper examines the key justifications and concerns surrounding the legitimacy of the EUDR from diverse stakeholder perspectives, distinguishing between pragmatic, ethical-political, and moral arguments. Drawing on 80 interviews conducted across Brussels, Ghana, and Indonesia during fieldwork in 2023 and 2024, the study identifies how (de)legitimation strategies are employed in these contexts. The study then compares these arguments against adaptations taking place in response to the EUDR, with new traceability architectures emerging in both Indonesia and Ghana. The findings highlight the dissonance between critiques of the EUDR’s legitimacy and the concurrent adjustments made by producer countries. The research contributes to the wider debate on the legitimacy of unilateral global governance mechanisms in the absence of multilateral agreements, offering insights into the (lacking) inclusiveness, justice, and effectiveness of due diligence supply chain regulations as a tool for addressing global environmental challenges.