Climate Change Liability – Increasing Risks for Directors? Perspectives From Common and Civil Law Jurisdictions

Draft Paper (January 21, 2020), accepted version see 10(2) Climate Law (2020) 151-196

24 Pages Posted: 4 Aug 2020 Last revised: 6 Aug 2020

See all articles by Rolf H. Weber

Rolf H. Weber

University of Zurich - Faculty of Law

Andreas Hoesli

University of Zurich

Date Written: January 21, 2020

Abstract

Businesses are increasingly expected to consider the environmental and social impacts of their undertakings. In recent years, the focus has shifted specifically to climate change related aspects of corporate behaviour. While climate change litigation against corporations continues to evolve globally, there is a growing debate with regard to directors' duties: are directors exposed to risks of personal liability in the climate change context, and if so, to which extent? The issue has received considerable attention from common law commentators, but is so far less discussed in civil law countries. This article seeks to help bridge this gap by presenting a comparative analysis with a main focus on corporate law.

Keywords: Climate Change Litigation – Climate Change Risks, Corporate Governance, Directors’ Duties, Due Diligence, Institutional Investors

Suggested Citation

Weber, Rolf H. and Hoesli, Andreas, Climate Change Liability – Increasing Risks for Directors? Perspectives From Common and Civil Law Jurisdictions (January 21, 2020). Draft Paper (January 21, 2020), accepted version see 10(2) Climate Law (2020) 151-196, Available at SSRN: https://ssrn.com/abstract=3644379 or http://dx.doi.org/10.2139/ssrn.3644379

Rolf H. Weber

University of Zurich - Faculty of Law ( email )

Universität Zürich
Rämistrasse 74 / 57
Zürich, CH-8001
Switzerland

Andreas Hoesli (Contact Author)

University of Zurich ( email )

Rämistrasse 71
Zürich, CH-8006
Switzerland

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