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Will the EU Taxonomy Regulation Foster Sustainable Corporate Governance?

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  • Alessio M. Pacces

    (Amsterdam Center for Law & Economics (ACLE), University of Amsterdam, 1018 WV Amsterdam, The Netherlands
    European Corporate Governance Institute (ECGI), 1000 Brussels, Belgium)

Abstract

EU securities regulation has established a taxonomy of environmentally sustainable activities. This article discusses, from a law and economics standpoint, the potential of this taxonomy to support sustainable corporate governance. Corporate governance can be an efficient way to channel investor preferences towards sustainability because the concentration of institutional shareholding has lowered the transaction costs of shareholder action. However, there is a principal-agent problem between institutional investors and their beneficiaries, which depends on greenwashing and undermines sustainable corporate governance. This article argues that introducing environmental sustainability into EU mandatory disclosure aligns the institutional investors’ incentives with the interest of their beneficiaries and may foster the efficient inclusion of sustainability in corporate governance. The argument is threefold. Firstly, the EU Taxonomy may curb greenwashing by standardizing the disclosure of environmental sustainability. Secondly, this information may become salient for the beneficiaries as the same standards define the sustainability preferences to be considered in recommending and marketing financial products. Thirdly, sustainability disclosure prompts institutional investors to compete for sustainability-minded beneficiaries. Being unable to avoid unsustainable companies altogether, institutional investors are expected to cater to beneficiaries’ preferences for environmental sustainability using voice instead of exit.

Suggested Citation

  • Alessio M. Pacces, 2021. "Will the EU Taxonomy Regulation Foster Sustainable Corporate Governance?," Sustainability, MDPI, vol. 13(21), pages 1-21, November.
  • Handle: RePEc:gam:jsusta:v:13:y:2021:i:21:p:12316-:d:674425
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    as
    1. Hart, Oliver & Zingales, Luigi, 2017. "Companies Should Maximize Shareholder Welfare Not Market Value," Journal of Law, Finance, and Accounting, now publishers, vol. 2(2), pages 247-275, November.
    2. Ronald H. Coase, 2008. "The Institutional Structure of Production," Springer Books, in: Claude Ménard & Mary M. Shirley (ed.), Handbook of New Institutional Economics, chapter 2, pages 31-39, Springer.
    3. Armour, John & Awrey, Dan & Davies, Paul & Enriques, Luca & Gordon, Jeffrey N. & Mayer, Colin & Payne, Jennifer, 2016. "Principles of Financial Regulation," OUP Catalogue, Oxford University Press, number 9780198786474.
    4. Lucian A. Bebchuk & Scott Hirst, 2019. "Index Funds and the Future of Corporate Governance: Theory, Evidence, and Policy," NBER Working Papers 26543, National Bureau of Economic Research, Inc.
    5. Peter Iliev & Michelle Lowry, 2015. "Are Mutual Funds Active Voters?," The Review of Financial Studies, Society for Financial Studies, vol. 28(2), pages 446-485.
    6. Samuel M. Hartzmark & Abigail B. Sussman, 2019. "Do Investors Value Sustainability? A Natural Experiment Examining Ranking and Fund Flows," Journal of Finance, American Finance Association, vol. 74(6), pages 2789-2837, December.
    7. Dyck, Alexander & Lins, Karl V. & Roth, Lukas & Wagner, Hannes F., 2019. "Do institutional investors drive corporate social responsibility? International evidence," Journal of Financial Economics, Elsevier, vol. 131(3), pages 693-714.
    8. Gur Aminadav & Elias Papaioannou, 2020. "Corporate Control around the World," Journal of Finance, American Finance Association, vol. 75(3), pages 1191-1246, June.
    9. Roland Bénabou & Jean Tirole, 2010. "Individual and Corporate Social Responsibility," Economica, London School of Economics and Political Science, vol. 77(305), pages 1-19, January.
    10. Markus Kitzmueller & Jay Shimshack, 2012. "Economic Perspectives on Corporate Social Responsibility," Journal of Economic Literature, American Economic Association, vol. 50(1), pages 51-84, March.
    11. Azar, José & Duro, Miguel & Kadach, Igor & Ormazabal, Gaizka, 2021. "The Big Three and corporate carbon emissions around the world," Journal of Financial Economics, Elsevier, vol. 142(2), pages 674-696.
    12. Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
    13. Tröger, Tobias & Steuer, Sebastian, 2021. "The Role of Disclosure in Green Finance," LawFin Working Paper Series 24, Goethe University, Center for Advanced Studies on the Foundations of Law and Finance (LawFin).
    14. Bolton, Patrick & Kacperczyk, Marcin, 2021. "Do investors care about carbon risk?," Journal of Financial Economics, Elsevier, vol. 142(2), pages 517-549.
    15. JOSEPH A. McCAHERY & ZACHARIAS SAUTNER & LAURA T. STARKS, 2016. "Behind the Scenes: The Corporate Governance Preferences of Institutional Investors," Journal of Finance, American Finance Association, vol. 71(6), pages 2905-2932, December.
    16. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    17. Michele Siri & Shanshan Zhu, 2019. "Will the EU Commission Successfully Integrate Sustainability Risks and Factors in the Investor Protection Regime? A Research Agenda," Sustainability, MDPI, vol. 11(22), pages 1-23, November.
    18. Ian R Appel & Todd A Gormley & Donald B Keim, 2019. "Standing on the Shoulders of Giants: The Effect of Passive Investors on Activism," The Review of Financial Studies, Society for Financial Studies, vol. 32(7), pages 2720-2774.
    19. Appel, Ian R. & Gormley, Todd A. & Keim, Donald B., 2016. "Passive investors, not passive owners," Journal of Financial Economics, Elsevier, vol. 121(1), pages 111-141.
    20. Gantchev, Nickolay & Giannetti, Mariassunta & Li, Rachel, 2021. "Sustainability or Performance? Ratings and Fund Managers’ Incentives," CEPR Discussion Papers 15945, C.E.P.R. Discussion Papers.
    21. George A. Akerlof, 1970. "The Market for "Lemons": Quality Uncertainty and the Market Mechanism," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 84(3), pages 488-500.
    22. Rajna Gibson & Simon Glossner & Philipp Krueger & Pedro Matos & Tom Steffen, 2020. "Responsible Institutional Investing Around the World," Swiss Finance Institute Research Paper Series 20-13, Swiss Finance Institute.
    23. Steuer, Sebastian & Tröger, Tobias, 2021. "The role of disclosure in green finance," SAFE Working Paper Series 320, Leibniz Institute for Financial Research SAFE.
    24. Lucian A. Bebchuk & Scott Hirst, 2019. "The Specter of the Giant Three," NBER Working Papers 25914, National Bureau of Economic Research, Inc.
    25. Pacces, Alessio M., 2000. "Financial intermediation in the securities markets law and economics of conduct of business regulation," International Review of Law and Economics, Elsevier, vol. 20(4), pages 479-510, December.
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    7. Patrizia Tettamanzi & Riccardo Gotti Tedeschi & Michael Murgolo, 2024. "The European Union (EU) green taxonomy: codifying sustainability to provide certainty to the markets," Environment, Development and Sustainability: A Multidisciplinary Approach to the Theory and Practice of Sustainable Development, Springer, vol. 26(11), pages 27111-27136, November.
    8. Isabel‐María García‐Sánchez & Esther Ortiz‐Martínez & Salvador Marín‐Hernández & Beatriz Aibar‐Guzmán, 2023. "How does the European Green Deal affect the disclosure of environmental information?," Corporate Social Responsibility and Environmental Management, John Wiley & Sons, vol. 30(6), pages 2766-2782, November.
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