ESG in Evolution: the legal imperatives of tomorrow

25 Mar - 27 Mar 2026

Session information

Lunch and Keynote speech - The metamorphosis: soft law into hard law and the impact on ESG

Description

Lawyers are often dismissive of “soft law” and focus on “hard law” when advising clients. Certain jurisdictions treat the lawyer as “advisor” or “officer of the court” or use other terms to caution lawyers to include considerations beyond “hard law” when providing legal advice. The line, though, is often not so clear cut. Certainly “soft law” instruments, whether international or domestic, become hard law when codified, issued in legal opinions, or otherwise incorporated into contracts. On the other hand, “soft law” may become part of the backdrop for hard law, and lead to unanticipated results, such as a court adopted “soft law” considerations as policy that informs a legal decision. The panel will focus on how “soft law” is finding increasing relevance and importance, including in areas generally falling within the contours of what are considered ESG issues.