ESG Initiatives and Directors’ Fiduciary DutiesFiduciary duties

Dario Latella ()
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Dario Latella: University of Messina

Chapter Chapter 6 in ESG Integration and SRI Strategies in the EU, 2023, pp 109-127 from Palgrave Macmillan

Abstract: Abstract On February 23, 2022, the European Commission adopted a Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937. The Proposal aims to harmonize existing national or voluntary rules on due diligence by establishing a corporate sustainability due diligence duty to address negative human rights and environmental impact. In this chapter the author analyzes the relations existing between ESG initiatives and directors’ fiduciary duties, to investigate what might be the limits of efficiency in ESG regulation. Directors’ duties concerning the ESG issues are only one part of the broader legal construction of “the company”, thus, a broader approach is probably necessary and suggests pathways towards more effective development of law and regulation in this field.

Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:pal:psifcp:978-3-031-36457-0_6

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DOI: 10.1007/978-3-031-36457-0_6

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