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Environment, Land & Resources

Insights and commentary on environmental issues and developments impacting business across the world

Environmental, Social, and Governance

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China’s Ministry of Finance Publishes Corporate Sustainability Disclosure Standards

Posted on July 5, 2024
Posted in China, Environmental, Social, and Governance
buildings and green

The Standards provide a framework for all Chinese companies’ sustainability disclosures and the applicability extends beyond listed companies.

By Paul A. Davies, Farhana Sharmeen, Michael D. Green, James Bee, and Qingyi Pan

On May 27, 2024, China’s Ministry of Finance published the new Corporate Sustainability Disclosure Standards (Draft for Comment) (the Standards). The Standards set out the general provisions, disclosure objectives, and information quality requirements, which aim to lay the ground for China’s unified national sustainability disclosure standard system, expected to launch by 2030. The goal of the Standards is to promote transparent disclosure throughout the value chain and to enhance the competitiveness of Chinese companies globally.

ESG — US State-Level Developments for Private Capital and Financial Institutions

Posted on June 21, 2024
Posted in Environmental, Social, and Governance
Modern building facade

Private capital providers, investors, asset managers, and financial institutions will likely continue to face a fragmented regulatory landscape on ESG matters.

By Betty M. Huber, Matthew Green, Henry Miller, Austin J. Pierce, Catherine G. Willis, and Sam Wong

Various US states have taken and continue to take action on ESG investing and other matters, with new variants emerging regularly. Some of the state bills, laws, and actions overlap thematically, and indeed some are based on…

International Tribunal on the Law of the Sea Issues Landmark Advisory Opinion on Climate Change

Posted on May 30, 2024
Posted in Environmental, Social, and Governance
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The Tribunal confirmed that States party to UNCLOS must take measures to prevent marine pollution caused by climate change, on top of their obligations under the Paris Agreement.

By Paul A. Davies, Sophie J. Lamb KC, Michael D. Green, and Stephanie Forrest

On 9 April 2024, the International Tribunal on the Law of the Sea (ITLOS, or the Tribunal) issued a long-awaited advisory opinion on climate change and international law, concluding that States party to the United Nations Convention on the Law of the Sea (UNCLOS) are subject to specific obligations to prevent, reduce, and control greenhouse gas (GHG) emissions and their adverse effect on the marine environment.

European Court of Human Rights Delivers Three Landmark Rulings on Climate Change

Posted on April 11, 2024
Posted in Environmental Litigation, Environmental, Social, and Governance, European Environmental and Public Law
Abstract view of a skyscraper

For the first time, the Court has confirmed that the adverse impacts of climate change fall within the ambit of human rights protection under the European Convention of Human Rights, obliging States to implement effective mitigation measures.

By Paul A. Davies, Sophie J. Lamb KC, Michael D. Green, James Bee, and Stephanie Forrest

On 9 April 2024, the European Court of Human Rights delivered three Grand Chamber rulings in climate change-related cases. These three separate judgments…

The Case Against the SEC’s Final Climate Rules Begins in Earnest (and What It Means)

Posted on April 8, 2024
Posted in Environmental Litigation, Environmental Regulation, Environmental, Social, and Governance
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The Eighth Circuit is poised to determine the fate of the SEC’s final climate regulation, potentially by the end of the year.

By Paul A. Davies, Sarah E. Fortt, and Betty M. Huber

On March 21, 2024, the US Court of Appeals for the Eighth Circuit was selected as the court that will hear challenges against the Securities and Exchange Commission (SEC or Commission) over its final climate disclosures rules, which were adopted on March 6.[i]…

EU Reaches Provisional Agreement on Forced Labour Regulation

Posted on March 25, 2024
Posted in Environmental, Social, and Governance, European Environmental and Public Law
EU-Flag_185165281

The proposed regulation would ban forced labour-made products from the EU market, affecting companies’ supply chains and requiring compliance checks.

 By Paul A. Davies, Michael D. Green, and James Bee

On 5 March 2024, the European Parliament and European Council announced that they had reached a provisional political agreement on the regulation (Regulation) that aims to prohibit any product manufactured using forced labour from being placed on or exported from the EU market.

The European Commission proposed…

EU Member States Reach Agreement on Corporate Due Diligence Directive

Posted on March 18, 2024
Posted in Environmental, Social, and Governance, European Environmental and Public Law
buildings and green

Following extended negotiations, the directive was endorsed with a significantly narrower scope that would reduce the number of companies affected.

By Paul A. Davies, Michael D. Green, and James Bee

On 15 March 2024, EU Member States endorsed the Belgian Presidency’s political deal on the Corporate Sustainability Due Diligence Directive (CSDDD), despite Germany abstaining from the vote.

The CSDDD would require companies to conduct due diligence to identify and assess environmental and human rights issues across their value…

China’s Stock Exchanges to Plan Sustainability Disclosure Rules for Big Companies

Posted on March 15, 2024
Posted in Environmental Regulation, Environmental, Social, and Governance

The guidelines aim to transform China’s approach to ESG by introducing sustainability disclosure rules for large listed companies.

By Hui Xu, Paul A. Davies, Jean-Philippe Brisson, and Qingyi Pan

On February 8, 2024, under the auspices of the China Securities Regulatory Commission (CSRC), each of China’s three major stock markets — Shanghai Stock Exchange, Shenzhen Stock Exchange, and Beijing Stock Exchange— unveiled draft guidelines on sustainable development reports (SDRs) (collectively referred to as the Guidelines). The Guidelines require the largest Chinese public companies to publish high-quality and standardized SDRs, and are open for public comment until February 29, 2024.

portion of trees against office buildings

Mandatory Climate Reporting in Singapore From FY2025

Posted on March 7, 2024
Posted in Environmental Regulation, Environmental, Social, and Governance

The Accounting and Corporate Regulatory Authority and Singapore Exchange Regulation have provided details of mandatory climate reporting for listed issuers and large non-listed companies.

By Paul A. Davies, Farhana Sharmeen, Michael D. Green, James Bee, and Kevin Mak

On 28 February 2024, the Accounting and Corporate Regulatory Authority (ACRA) and Singapore Exchange Regulation (SGX RegCo) introduced regulations for mandatory climate-related disclosures (CRD) (the Regulations). The Regulations will be introduced in a phased approach in line with the recommendations from the Sustainability Reporting Advisory Committee (SRAC).

Four Stock Exchanges Collaborate to Develop the ASEAN-Interconnected Sustainability Ecosystem

Posted on March 6, 2024
Posted in Environmental, Social, and Governance, Green Finance

The stock exchanges of Malaysia, Indonesia, Thailand, and Singapore have partnered to advance sustainability in ASEAN through the development of an interregional ESG ecosystem.

By Paul A. Davies, Farhana Sharmeen, Michael D. Green, James Bee, and Kevin Mak

On February 15, 2024, Bursa Malaysia Berhad (Bursa Malaysia), Indonesia Stock Exchange (IDX), The Stock Exchange of Thailand (SET), and Singapore Exchange (SGX Group) released a joint statement announcing their collaboration on the development of the ASEAN-Interconnected Sustainability…

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