The Law Of Esg Derivatives

This book weaves together a comprehensive legal analysis of sustainable finance regimes governing Environment, Social and Governance (ESG) derivatives, with insightful sociological perspectives on risks and uncertainties. Sustainable finance offers a unique chance to channel capital towards sustainability goals, with ESG derivatives emerging as potent catalysts for a transition to a more sustainable economy. Beyond amplifying capital flow, they strategically align with effective ESG risk and uncertainty management. The book explores how integrating ESG derivatives can strategically serve sustainable investment, offering insights into optimal risk management. The work not only outlines challenges but presents potential solutions, highlighting ESG derivatives’ role in addressing market failures affecting sustainable finance, which is an aspect often overlooked by regulators in the EU, the UK, and the US. Serving as a strategy guide for countries adopting a diverse sustainable finance portfolio, the book targets policy practitioners and advocacy specialists, catering to a broad multidisciplinary audience amid the increasing interest in ESG-related products. The book’s dual emphasis on financial derivatives for ESG risk management and sociological perspectives positions it as an ideal resource for scholars, experts, practitioners, researchers, and curious minds across law, business, management, and sociological studies.

President Obama recently called for a new financial regulation system in the United States. In order to understand the intricacies of new regulation, individuals must have a strong foundation in how capital markets function as well as how financial instruments and derivatives work. Capital Markets, Derivatives, and the Law provides readers with the foundation necessary to make informed, well-reasoned decisions about capital market participation, derivative utilization, and adherence to existing and future regulations. This publication is an essential guide for attorneys and business professionals looking for an accessible resource to better understand the legal and business considerations of capital markets and derivatives transactions. This book offers expert insight into how derivatives work. The author also explores the structures of derivatives as well as how they are regulated and litigated. In the complex world of the current capital market upheaval, this book provides useful definitions, case law examples, and insight into structures, regulation, and litigation strategies.

Despite their significance in modern financing transactions, there is no law dealing specifically with derivatives. This work covers the commercial basis for the instruments and adapts existing legla principles from all fields in this area. Written for both lawyers and readers with no prior knowledge of the market, the book provides a comprehensive guide to the legal complexities of the derivatives market, enabling the reader to understand the structure of the products.

The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.

This fourth edition includes updated chapters explaining how derivatives are used in the practical context, how the documentation works and any pitfalls for the unwary.

This book is a practical guide to derivatives, setting out a straightforward and easily understood explanation of the basic concepts, the different types of derivative product, who uses derivatives, and why and how derivatives are used. The book explains both more established products (suchas futures, options, and swaps) and more innovative products (such as CPPI structures and those derivative contracts used as financing tools). The expansion of the derivative market to cover different underlying assets (such as freight, power trading, emissions trading, and hedge funds) isexplored.The author provides guidance as to the legal and regulatory treatment of derivatives. The book looks at the key documents that are used in both the exchange-based and over-the-counter (OTC) markets and explores the important materials published by ISDA .The book also discusses other related topicsincluding the accounting and tax treatments of derivatives.The book considers the background to current legal trends, including the developing strand of English case law on claims for the misselling of derivative products and the retail offer of derivatives, which has recently been the subject of considerable debate within the financial services industry.The third edition includes a new discussion of the retail offer of derivatives, and discusses a greater number of derivative products (including CPPI structures, derivatives used as financing tools, power trading, emissions trading, multi-asset derivatives, fund-linked derivatives, derivatives basedon "computed data", and the different wrappers" in which derivative exposures are made available).It provides greatly expanded discussion of the ISDA documents used in the over-the-counter (OTC) market and looks in more detail at the duty of care (selling and misselling, including the recent decision in the "Springwell" litigation).

The central idea of sustainability in the modern world is intricate and ever-changing. Closely related to the realm of finance and socioeconomic discussion, the phrase “sustainable impact finance” has become increasingly popular among bankers, practitioners, financial analysts, investors and the relevant experts seeking an impactful connection between the best financing mechanisms or tools and sustainable development related investments or projects. This book opens up the discussion by offering a Shari’ah-compliance perspective. It is a primer on how Islam addresses and offers solutions to the challenges facing us within the spirit of maqasid al-Shari’ah, among others, in tackling poverty, food supply, health and well-being, quality education, reducing inequalities, responsible consumption and production and climate action. It discusses the connection between Islamic sustainable finance and the Sustainable Development Goals (SDGs) and explains the strategic action-plan of Islamic banks towards achieving Islamic sustainable finance. The book considers the relevant policies and regulations, evaluating the role of regulators, discussing jurisprudential solutions and focusing on the role of Islamic banking standards in relation to Islamic sustainable finance. Further, it explores the issue of risk mitigation and the effective role of Takaful. It presents a practical case study from the banking industry in Malaysia, which evaluates the carbon footprint of bank loans and climate change risk mitigation. Finally, it highlights sustainable finance innovations in an Islamic concept. The book will appeal to advanced students, researchers and scholars of Islamic banking and finance, as well as those concerned with environmental social governance and Sustainable Development Goals research. Regulators, policy makers and Shari’ah-compliant practitioners will also find it to be a useful guide.

In the past two decades, the traditional role of corporate governance has been greatly augmented and transformed by increased attention to the importance of social inclusion in business decisions and of environmental impacts of business activities, giving rise to the now well-understood linkage among environmental, social, and governance (ESG) principles. This book is the first to thoroughly analyze the ESG phenomenon as a tripartite corporate purpose model and the profusion of laws and regulations it continues to engender. Drawing on perspectives from law, economics, and business management, the book focuses on those ESG challenges that are most likely to impact companies in the coming years. The author discusses such aspects of ESG law, regulation, and practice as the following: impact of digitalization on ESG practices; competing ESG perspectives and whether there are signs of convergence toward a more universal model; impact of corporate ownership patterns; review of hard and soft law responses; corporate control under COVID-19 pandemic conditions; workplace and workforce transformations; various ESG-related corporate scandals and controversies; ESG regulatory responses from international entities such as the Organisation for Economic Co-operation and Development (OECD) and International Organization of Securities Commissions (IOSCO); and seminal ESG cases in various business sectors. The emphasis throughout is on developments in the European Union, the United States, and the United Kingdom, both because it is in those jurisdictions that ESG challenges have been and are most fully dealt with and because these economies taken together are likely to continue exerting dominating influence across the world. What this book says about ESG provides pertinent insights and guidance for those seeking a better understanding of ESG practices and underlying theories across major economies. With essential information and guidance for ESG law practitioners, policymakers, and academicians, the book gives clarity and guidance as to who should lead the charge for ESG practices in business enterprises in major jurisdictional settings. Its detailed coverage of best ESG practices will be welcomed by those conducting their business enterprises within approved regulatory perimeters.