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The Palgrave Handbook of ESG and Corporate Governance

Edited by: Paulo Câmara, Filipe Morais

ISBN13: 9783030994709
Published: June 2023
Publisher: Palgrave Macmillan
Country of Publication: Switzerland
Format: Paperback
Price: £149.99



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Since the 2008 Global Financial Crisis the prevailing economic development model based on an assumption of unlimited resources and, therefore, unlimited growth has been increasingly put into question by academics, policy-making agencies and even industry leaders themselves. Climate change, general environmental and natural resource degradation, widespread inequalities, and systemic governance failures are pressing capitalism to renew itself to deliver sustainable outcomes for a broader base of stakeholders. This has become known in more practical terms as the ESG (Environmental, Social and Governance) and responsible investment movements. The pressure to change how we organise ourselves as societies and economies has implications for how large and small corporations, public or private, are governed and to the benefit of whom. This Handbook offers a rare combination of pluralistic and multidisciplinary perspectives from law, economics, finance and management, as well as an interesting mix of latest academic thinking and practical recommendations on ESG for boards and executive teams.

Should companies be governed and managed for the benefit of their shareholders alone? Can companies be governed to deliver for shareholders as well as the broader stakeholder base? How can investors allocate capital to advance sustainability? Part I provides a pluralistic discussion of some of these fundamental questions besetting academics and practitioners alike while Part II examines recent regulatory developments and assesses what may need to change in terms of law and regulation to both hold companies to account for sustainability while enabling them to continue to provide vital goods and services. Part III of the book discusses how the different types of companies and investors are currently facing the sustainability imperative and incorporating ESG factors on how they operate and invest. The concluding chapter provides an overview of the key regulatory, ecosystem and board-level gaps that require urgent and decisive action.

Subjects:
Commercial Law, Company Law
Contents:
General Aspects of ESG
Front Matter
The Systemic Interaction Between Corporate Governance and ESG
Paulo Câmara
Sustainable Governance and Corporate Due Diligence: The Shifting Balance Between Soft Law and Hard Law
Guido Ferrarini
Reforming EU Company Law to Secure the Future of European Business
Beate Sjåfjell
Towards a Smart Regulation of Sustainable Finance
Dirk A. Zetzsche, Linn Anker-Sørensen
The Duty of Societal Responsibility and Learning Anxiety
Jaap Winter
ESG and Shareholder Primacy: Why They Can Go Together
Luca Enriques
Climate Finance
Miguel A. Ferreira
The New ESG Bond Markets
Manuel Requicha Ferreira
The Role of Companies in Promoting Human Rights
Ana Rita Campos

ESG Regulatory Developments
Front Matter
ESG and EU Law: From the Cradle of Mandatory Disclosure to More Forceful Steps
António Garcia Rolo
Sustainability and Sustainable Finance: A Regulator’s Perspective and Beyond
Gabriela Figueiredo Dias
ESG Reporting
Joana Frade, Julien Froumouth
The EU Taxonomy Regulation and Its Implications for Companies
Rui de Oliveira Neves
Business Judgement Rule as a Safeguard for ESG Minded Directors and a Warning for Others
Bruno Ferreira, Manuel Sequeira
ESG and Executive Remuneration
Inês Serrano de Matos
How Can Compliance Steer Companies to Deliver on ESG Goals?
Lara Reis

ESG in Particular Types of Companies
Front Matter