This article argues that comparability in environmental, social, and governance (ESG) exchange traded funds (ETFs) is a much greater problem than greenwashing. Rising demand for sustainable investment products in recent years has been met with an explosion in ESG ETF varieties, and numerous...

Climate change is a quintessential market failure. Individual companies do not have economic incentives to reduce their carbon emissions and therefore produce more emissions than is socially desirable. However, according to a theory that is gaining increasing support among academics and market...

This Note provides an overview of the debate around the current state of ESG disclosure practices, and the perceived need for the SEC to establish a system of mandatory ESG disclosures. Part I explores the inherent difficulty of defining ESG, the problematic nature of quantifying and measuring...

Do corporations have human rights? This article addresses a to date rather understudied issue of the corporations and human rights debate: whether and to what extent corporations can be bearers of human rights, with a focus on the ECHR and ECtHR jurisprudence. In a nutshell, it argues that what...

As demonstrated by one of the authors elsewhere, UK-style shareholder stewardship is a ‘global legal misfit’ because it was designed for a jurisdiction with dispersed shareholding where institutional investors collectively control a majority of the shares; however, it has been transplanted...

The transition to a sustainable economy currently involves a fundamental transformation of our capital markets. Lawmakers, in an attempt to overcome this challenge, frequently seek to prescribe and regulate how firms may address environmental, social, and governance (ESG) concerns by formulating...

Asset manager signatories of the Net Zero Asset Manager Initiative, part of the Glasgow Financial Alliance for Net Zero, have committed to investing in line with the Race to Zero goal of limiting global warming to 1.5oC with limited or no overshoot. Given that a recent report from United Nations...

The analysis of the interaction between the European Union legal order and World Trade Organisation (‘WTO’) law would not be complete without a critical assessment of how the European judges and the special groups and the WTO Appellate Body contribute to the articulation between the two...

The analysis of the interaction between the legal order of the European Union (“EU”) and the law of the World Trade Organization (“WTO”) would be incomplete without a critical assessment of how European judges and panels and the WTO appellate body contribute to the articulation between...