What Do We Know About Shareholders' Potential to Solve Environmental and Social Problems?

80 Pages Posted: 3 Jun 2024

See all articles by Bryce Tingle, KC

Bryce Tingle, KC

University of Calgary - Faculty of Law

Date Written: January 31, 2024

Abstract

Securities regulators around the world are attempting to assist socially conscious shareholders in driving changes in the way corporate America operates. At a time when legislative solutions to some of our most pressing social and environmental problems seem far away, many market actors have come to hope that shareholders can succeed in regulating and reforming corporate practices.

This paper summarizes the empirical evidence regarding the behavior of shareholders with explicit ESG mandates, the difficulties outsiders experience in evaluating ESG performance, and the outcomes generated by the limited tools available to shareholders under corporate law. It concludes there is little evidence that material improvements in environmental and social outcomes will be produced through shareholder power. The energy and resources of reformers would be better deployed somewhere other than corporate governance

Keywords: Corporate Governance, ESG, Corporate Law, Shareholder Activism, Shareholder Voting, Shareholder Power, ESG Ratings, Divestment, Shareholder Engagement, Fund Returns

JEL Classification: G11, G30, G23, K22, K32, K42,

Suggested Citation

Tingle, Bryce, What Do We Know About Shareholders' Potential to Solve Environmental and Social Problems? (January 31, 2024). Georgia Law Review, Vol. 58, No. 169, 2023, Available at SSRN: https://ssrn.com/abstract=4840802

Bryce Tingle (Contact Author)

University of Calgary - Faculty of Law ( email )

Murray Fraser Hall
2500 University Dr. N.W.
Calgary, Alberta T2N 1N4
Canada
1 (403) 220-8247 (Phone)

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