
<p>ASA Special Series</p> <p>'We must measure what we value, not just value what is simple to measure.' This statement from the US White House encapsulates the global trend dubbed ESG - an insistence on attending to the natural environment, social values, and responsible governance in business affairs. A salient aspect of this trend is the 'explosion' of human rights and environment-related disputes that have come to the fore on the international legal landscape. In this timely and crucially important volume, distinguished jurists, representatives of governments and NGOs, and in-house counsel identify and analyse the sources of ESG-related litigation and arbitration, providing an extensive treatment of the nature of ESG disputes and their resolution across both commercial and investment fora.</p> <p>The contributions are based on papers presented at a conference organized by the Swiss Arbitration Association in February 2023. Among the issues and topics raised, many of them relatively new to legal theory and practice, are the following:</p> <ul> <li> <p>emergence of nature-related assets and markets dealing in nature-related products;</p> </li> <li> <p>intensification of ESG-related regulation;</p> </li> <li> <p>which disputes could trigger which type of arbitrations;</p> </li> <li> <p>ESG-specific arbitration clauses as risk mitigation measures;</p> </li> <li> <p>controversial role of the Energy Charter Treaty;</p> </li> <li> <p>ESG-compliant supply chains;</p> </li> <li> <p>ESG scoring;</p> </li> <li> <p>rights of nature - recognizing ecosystems as subjects with rights; and</p> </li> <li> <p>the criminal act of ecocide.</p> </li> </ul> <p>Of immediate interest is a discussion focused on concrete ways in which each and every arbitration practitioner can contribute to a more environmentally friendly and socially responsible arbitration practice.</p> <p>In its recognition that ESG is profoundly linking environmental and social protection values with the monetary aspe
Page Count:
94
Publication Date:
2024-01-01
ISBN-10:
9403540680
ISBN-13:
9789403540689
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