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Research Handbook on Environmental, Social and Corporate Governance

Research Handbook on Environmental, Social and Corporate Governance

Author: Thilo Kuntz
Publisher: Edward Elgar Publishing
ISBN: 9781802202526
Published In: May 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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The Research Handbook on Environmental, Social and Corporate Governance presents a comprehensive view of a rapidly evolving area of study. Adopting a comparative approach, it goes beyond issues of sustainability and human rights, covering the whole spectrum of ESG and its regulatory developments.

Astutely organised into clearly defined and thematic sections, chapters tackle classic questions relating to corporate governance, assess the current state of ESG, and address important issues arising from its development. A carefully selected, distinguished and diverse cast of authors explore topics including directors’ duties and managerial decision-making, the changing landscape of investor and shareholder activism, investment and fund regulation, and ESG initiatives in international law.

This interdisciplinary Research Handbook is essential reading for academics and students of law, environmental studies, and politics and public policy. Legal practitioners of corporate law, capital markets law and securities regulation will also benefit from this authoritative analysis of ESG regulatory developments.

Introduction to Research Handbook on Environmental, Social and Corporate Governance 1 Thilo Kuntz

PART I DIRECTORS' DUTIES AND MANAGERIAL DECISION-MAKING

Taking stakeholder interests seriously: A practitioner's view from Germany on management duties 21 Christoph H. Seibt 2 ESG enhancements to company law: The French 'PACTE' law 44 Alain Pietrancosta 3 How ESG is weakening the business judgement rule 64 Thilo Kuntz 4 Human rights, environmental due diligence, and value chain responsibility: A view from France, Germany, and the European Union 91 Katrin Deckert

PART II INVESTOR AND SHAREHOLDER ACTIVISM

Stewardship codes, ESG activism and transnational ordering 112 Tim Bowley and Jennifer G. Hill 6 Climate proposals: ESG shareholder activism sidestepping board authority 132 Sofie Cools 7 ESG and workforce engagement: Experiences in the UK 151 Andrew Johnston and Navajyoti Samanta 8 ESG, the Alien Tort Statute, and private regulation's legitimacy trap 171 Seth Davis

PART III. INVESTMENT AND FUND REGULATION

EU 'rule-based' ESG duties for investment funds and their managers under the European 'Green Deal' 194 Sebastiaan Niels Hooghiemstra 10 Green bonds: A legal and economic analysis 217 Sergio Gilotta 11 Green public finance: The role of central banks 239 Joern Axel Kammerer

PART IV DISCLOSURE REGULATION AND RATINGS

12.

The forces that shape mandatory ESG reporting 258 Thorsten Sellhorn and Victor Wagner 13 A green victory in the midst of potential defeat? Concern and optimism about the impact of the SEC's climate-related disclosure rule 281 Lisa M. Fairfax 14 ESG ratings-guiding a movement in search for itself 303 Andreas Engert

PART V. INTERNATIONAL LAW

15.

ESG initiatives in international law 325 Rita Guerreiro Teixeira and Jan Wouters 16 ESG and international criminal liability 344 Cedric Ryngaert and Martine Jaarsma

PART VI. REGIONAL DEVELOPMENTS

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The EU Framework on ESG 362 Erik Lidman 18 The Nordic approach to corporate governance and ESG 381 Jesper Lau Hansen 19 ESG in China: A critical review from a legal perspective 404 Xianchu Zhang 20 ESG in Japan: The case of a mixed legal system 421 Masayuki Tamaruya and Mutsuhiko Yukioka 21 The legal and regulatory impetus towards ESG in India: Developments and challenges 443 Umakanth Varottil