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The relationship between ESG and the law

In: ESG Rating Agencies and Financial Regulation

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Abstract

The relationship between the concepts of ESG and the law is an extraordinarily nuanced and complicated one. Key junctures have arisen in the relationship as ESG, or even just considering non-financial information in the corporate arena, becomes more mainstream. This chapter seeks to examine the trends within legislation and case law from multiple jurisdictions to understand what the basis is for legal developments in the sector, and then how the market can respond and adapt to such movements. The chapter focuses on the concepts of directors’ duties and informational disclosure, but crucially also the implications of potentially being exposed to liability. Those implications are weighing heavy on the board members of the post-Global Financial Crisis era, and in this chapter the landscape that surrounds them is illustrated.

Suggested Citation

  • ., 2024. "The relationship between ESG and the law," Chapters, in: ESG Rating Agencies and Financial Regulation, chapter 3, pages 48-77, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22469_3
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035315055.00007
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