Climate change has driven up weather damage losses beyond USD 300 billion annually, while making them increasingly uninsurable. Naturally, citizens and corporations are looking to the law and legal practice to urgently future-proof their societal and economic interests. For the law to rise to this challenge, lawyers must work beyond the confines of traditionally compliance-focused environmental law. Instead, they must proactively adapt law and legal practice to give the world the best chance at achieving swift and coordinated climate action.
Released on Apr 28, 2023
There is a discernible trend of Indian listed companies suo moto constituting ESG committees of its board of directors and/or management to focus on ESG-related aspects and to strengthen their commitment to ESG. This piece discusses this trend in the making.
Released on Dec 21, 2022
On 27, 28 and 29 April 2022, the members of the IBA Litigation Committee convened at the Royal Lancaster Hotel in London. the Litigation Committee dedicated the entire programme of this year’s Litigation Forum to climate change litigation. Spread across five panels of experts, including lawyers working at NGOs, judges and litigators who represent clients in these cases, the topic was explored from various angles in a very informative and thought-provoking way.
Released on Dec 13, 2022
The magnitude of climate damage has led to worldwide action. Faced with the global nature of a phenomenon that defies borders, with the appearance in the courts of subjects deprived of legal personality (nature, future generations) or with the difficulty of apprehending causality, the law is called upon to reinvent itself. These difficulties do not stop plaintiffs: the multiplication of climate litigation is a major phenomenon in the legal sphere. The French judge, who has one of the most sophisticated intellectual constructs in the world, has the means to provide innovative responses to the challenges it faces. Climate litigation represents a laboratory for judges and lawyers.
Released on Dec 13, 2022
In May 2021, the Federal Court of Australia recognised, for the first time in Australia, that a government decision-maker owes a duty of care in negligence to Australian children with respect to the harm caused by the climate change impacts of decisions made under the Environment Protection and Biodiversity Conservation Act 1999. However, in March 2022 this decision was overturned on appeal by the Full Court of the Federal Court of Australia. This article explores the reasoning of the Full Court, the implications of its decision and possible ways forward for similar climate change litigation in Australia.
Released on Dec 13, 2022
This article will provide an overview of European Union legal obligations on entities to report and disclose information on issues which relate to society and the environment with the added colour of ESG, and how these have been applied in Cypriot law and in the practices of Cypriot corporate culture.
Released on Dec 13, 2022
This article focuses on the objectives and effects of environmental, social and governance disclosure, and its use by the Singapore Exchange and the Monetary Authority of Singapore, Singapore’s central bank and financial supervisory authority, as a calibrated regulatory tool in the sustainable finance sector.
Released on Nov 10, 2022
There is a growing acceptance and integration of Environmental, Social and Governance (ESG) principles among South African corporates, who recognise that this is not only essential to attract investment, but there is a requirement for them to align themselves with the global expectations of corporate responsibility and its sustainable impact relating to basic needs, empowerment, climate change, natural capital and governance.
Released on Oct 18, 2022
The emergence of a powerful ESG movement, embracing so many causes and interested parties, requires more attention by employment and diversity lawyers with regard to monitoring compliance issues and to anticipate campaigns and complaints in advance.
Released on Oct 3, 2022
Mozambique was one of the 200 countries represented at the 2021 United Nations Climate Change Conference (COP26), which brought together almost every nation on earth to discuss how to tackle the global issue of climate change.
Released on Sep 29, 2022
This article discusses environmental, social and governance (ESG) and investment decision-making, the factors to be considered, and the key ESG considerations for private equity decision making.
Released on Sep 5, 2022
The purpose of this article is to summarise recent developments in the asset management sector in Switzerland in the field of environmental, social and governance criteria (ESG). In view of the recent developments, especially in the European Union, the Swiss Government’s objective is to prevent international disparities as regards ESG regulations, in particular as to the prevention of ‘greenwashing’ and creating the conditions to strengthen the creditability and quality of the Swiss financial market as a whole, and the Swiss asset management and financial products industry in particular on sustainability.
Released on Aug 19, 2022
Current events around the world are a constant reminder to us all of the urgent need to prevent further environmental damage and halt climate change, and to consider a more efficient form of environmental justice. In this context, the tools of environmental criminal law must be reshaped to be more accessible, faster and deterrent.
Released on Jun 27, 2022
This article explores India’s position among the growing movement to align the global financial system with sustainable development.
Released on Jun 22, 2022
This article explores how law firms can meet and support environmental, social, and corporate governance targets through their commitment to pro bono work.
Released on Jun 14, 2022
In addition to making India an investor-friendly destination by adopting ‘ease of doing business’ principles, Indian regulators have taken several strides to encourage ESG and sustainability values in the corporate legal regime. This article discusses the key initiatives undertaken by the Indian regulators to increase the ‘sustainability conscience’ of India Inc.
Released on Apr 7, 2022
Portuguese companies are becoming increasingly more ESG-oriented, and trying to be more sustainable, to increase their value and to attract more investors. Some specific sectors are more evolved in this regard – especially the energy sector. Some key developments are pushing towards this transformation, such as Covid-19 and the Ukraine-Russia war.
Released on Mar 31, 2022
This article addresses how ESG policies have been tackled by the Brazilian legal framework, airline companies, aviation authorities and other stakeholders, emphasising the social and financial consequences of achieving and implementing such targets, with a view to providing a more sustainable industry.
Released on Nov 16, 2021