Library | ESG issues

Law, Regulation & Compliance

The evolving legal and regulatory landscape financial organisations regarding Environmental, Social, and Governance (ESG) considerations comprises both voluntary frameworks and mandatory regulations. Voluntary initiatives, such as the Task Force on Climate-related Financial Disclosures (TCFD), provide guidelines for companies to disclose climate-related financial risks and opportunities. In contrast, mandatory regulations like the European Union’s Sustainable Finance Disclosure Regulation (SFDR) require financial market participants to disclose how they integrate ESG factors into their investment decisions.

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Impact investing for pensions

Impact Investor
This report analyses the growth of impact investing strategies among European pension funds. The report examines challenges and opportunities, regulatory restrictions, impact measurement and management, private equity case studies, and emerging investments in affordable and social housing.
Research
1 May 2023

Impact due diligence and management for asset allocators: A field guide

Center for the Advancement of Social Entrepreneurship (CASE) at Duke
This report provides practical guidance for asset allocators to evaluate and manage private market funds that invest for positive impact. It covers the pre and post-investment stages, including conducting diligence of impact managers and monitoring and engaging with them
Research
8 November 2023

New frontiers in value creation: A guide to impact value creation in collaboration with impact capital managers

Tideline
This report explores new frontiers in impact value creation across private markets. It discusses key considerations for financial materiality of impact, sources of impact value creation, and modalities for impact value creation with a focus on case studies.
Research
9 February 2024

Financial crime compliance to fight modern slavery and human trafficking

Finance Against Slavery and Trafficking (FAST)
This blueprint urges financial institutions to tackle human trafficking and modern slavery, suggesting that both are a financial crime and compliance risk, and warns against wholesale de-risking. This report outlines strategies for detecting financing of such illegal activities, reducing risk, and government action towards AML/CFT risk assessments, ahead of regulatory fines and sanctions in jurisdictions worldwide.
Research
2 December 2020

Managing nature-related financial risks: A precautionary policy approach for central banks and financial supervisors

UCL Institute for Innovation and Public Purpose
This research paper argues that central banks and financial supervisors must adopt a precautionary policy approach to address the increasing nature-related financial risks in both the real economy and the financial system. This approach should be integrated into a wider set of regulatory and policy instruments to tackle environmental breakdown.
Research
16 September 2020

Field guide to impact investing: For Australian charitable trusts and foundations

Impact Investing Hub
This is a comprehensive resource to help organisations make sustainable impact investing decisions. Covering everything from impact measurement to legal structuring, this guide contains expert insights and is designed to be an essential tool for the industry.
Research
4 October 2023

Resources, energy and modern slavery: Practical responses to managing risks to people

Klynveld Peat Marwick Goerdeler International (KPMG International)
This report provides practical responses for managing modern slavery risks in the resources and energy sectors. Covering topics such as risk to people and business, human rights risks, and key responses for addressing these risks, the report is an essential guide for companies seeking to effectively identify and manage modern slavery risks.
Research
7 December 2021

Financing environmental and energy transitions for regions and cities: Creating local solutions for global challenges

Organisation for Economic Co-operation and Development (OECD)
This report presents recommendations for bridging the gap between financial institutions' lack of structures for local initiatives and subnational governments' lack of knowledge to take that role. It proposes adapting finance data to include integrated value.
Research
9 March 2020

The global risks report 2020

World Economic Forum
This report explores the most pressing economic, environmental, technological, and public health challenges facing stakeholders amid an unstable global landscape. It proposes stakeholders should act quickly to address these challenges, in partnership with others, to mitigate risks and shape a more sustainable future.
Research
13 January 2020

Failure by design: Is the net zero asset managers initiative broken?

Danu Insight
This initiative was designed to align asset managers' portfolios with net-zero targets. However, their methodology lacks standardisation and rigour, leading to ambiguous targets and little progress towards net zero. An overhaul of the initiative is needed to ensure asset managers are held accountable.
Research
3 October 2022

Superannuation fund trustee duties and climate change - updated memorandum of opinion 2021

Equity Generation Lawyers
This is an updated memorandum of opinion with the last one given in 2017. The report looks at recent regulatory and industry statements and develops a two-step approach superannuation trustees should take to remain compliant with their regulatory obligations. Trustees must understand the risk posed by climate change to investments and manage any identified risks.
Research
16 February 2021

Greenwashing: A governance perspective

Governance Institute of Australia
This report provides an overview of greenwashing practices and their impact. The report expounds on the various forms of greenwashing and highlights the need for governance professionals to ensure accurate claims by companies. It also touches on Australia's legal and regulatory environment as regards greenwashing and contains helpful advice on how to manage it.
Research
12 December 2023

'Signals of seriousness' for human rights due diligence

Shift
This discussion draft proposes a list of "signals of seriousness" that could inform administrative assessments of companies' HRDD efforts under potential EU legislation. The document provides comprehensive guidance on human rights and environmental due diligence and highlights key features of HRDD practices, offering critical insights to regulators seeking to enforce the proposed legislation.
Research
5 February 2021

Deconstructing ESG ratings performance: Risk and return for E, S and G by time horizon, sector, and weighting

MSCI Inc.
This article evaluates the relevance of key environmental, social, and governance (ESG) issues and the importance of their pillars regarding risk and return using a comprehensive analysis of market performance. It additionally compares the weighting and performance of each pillar and key ESG issues.
Research
8 January 2021

Climate contract playbook: Edition 2

Chancery Lane Project
This report presents a playbook of precedent clauses designed to address climate change risks and opportunities across different sectors and financing scenarios. The clauses, drafted by Hogan Lovells lawyers from over 60 jurisdictions, can be used in corporate and finance agreements to help achieve the Net Zero targets of the UK Government and others.
Research
30 June 2020

Securities and Futures Commission of Hong Kong

Government Organisations & Departments
The Securities and Futures Commission (SFC) of Hong Kong regulates and supervises the financial markets and securities industry. Stay informed about regulatory developments and access resources for a transparent and well-regulated financial environment.
Organisation
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