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ESG has emerged as a priority for companies worldwide. In many countries, ESG disclosure is already compulsory or under active review. The climate emergency, the pandemic, geopolitical turbulence and the energy shock have shown how deeply businesses influence societies and the natural environment. This Practice Note sets out ESG fundamentals. It outlines the concept and the hurdles for in-house counsel, alongside suggested focus areas to help you manage ESG matters within your organisation... What is ESG? At its simplest, ESG is a catch-all for environmental, social and governance considerations that shape: the obligations organisations must satisfy the way they should run the benchmarks by which they are assessed ESG factors ESG factors are applied to embed responsibility within business practice. ‘E’ is for environmental. The E in ESG examines the effects on, and from, the natural world and will consider an organisation’s carbon footprint, the pollution and waste it produces, and its implications for biodiversity. ‘S’ is for social...
This Practice Note outlines what environmental, social and governance (ESG) issues are and how they may influence property disputes. What is ESG? Environmental, social and governance (ESG) is a collective label for the environmental, social and governance dimensions of an organisation’s activities, namely: Environmental factors: concerning the effects on, and from, the natural environment, including carbon footprint, energy efficiency and pollution arising from operations Social factors: examining human rights risks across the organisation’s supply chain, including modern slavery Governance factors: addressing how an organisation is governed, including executive pay and board diversity For further details on the elements of ESG, see the diagram below. ESG reporting obligations can be mandatory or voluntary depending on the jurisdiction in which the organisation operates, the markets it serves and its investor arrangements. In the UK, the maturity and breadth of ESG laws are developing and include: company law-based duties on directors to promote the success of the company...
Precedent Target product carbon footprint clause—schedule for consumer goods contracts Use this schedule within a manufacturing contract for the supply of consumer goods to oblige the parties to adopt a target product carbon footprint budget—one that diminishes over time—for each product manufactured and supplied pursuant to the contract. The clause is consistent with the Paris Agreement objectives, the Race to Zero criteria, and the Oxford Principles for Net Zero Aligned Carbon Offsetting as stated. This sustainability wording was created by The Chancery Lane Project (TCLP) as ‘Ming’s clause’ and is accessible via TCLP’s website below, where the linked text appears for reference. For comprehensive and relevant guidance on target product carbon footprint budgets, please consult the TCLP clause for direction as needed. TCLP is the codename for a focused, collaborative initiative of lawyers from around the world to craft new contracts and model legislation to tackle climate change. For further details, visit: chancerylaneproject.org. Lexis+® is proud to support the work of TCLP...
This Precedent offers a framework to compare a contractor’s carbon footprint with the market...