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
Date Written: January 21, 2020
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: Suggested Citation