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ESG Initiatives and Directors’ Fiduciary DutiesFiduciary duties

In: ESG Integration and SRI Strategies in the EU

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  • Dario Latella

    (University of Messina)

Abstract

On February 23, 2022, the European Commission adopted a Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937. The Proposal aims to harmonize existing national or voluntary rules on due diligence by establishing a corporate sustainability due diligence duty to address negative human rights and environmental impact. In this chapter the author analyzes the relations existing between ESG initiatives and directors’ fiduciary duties, to investigate what might be the limits of efficiency in ESG regulation. Directors’ duties concerning the ESG issues are only one part of the broader legal construction of “the company”, thus, a broader approach is probably necessary and suggests pathways towards more effective development of law and regulation in this field.

Suggested Citation

  • Dario Latella, 2023. "ESG Initiatives and Directors’ Fiduciary DutiesFiduciary duties," Palgrave Studies in Impact Finance, in: Luca Spataro & Maria Cristina Quirici & Gabriella Iermano (ed.), ESG Integration and SRI Strategies in the EU, chapter 0, pages 109-127, Palgrave Macmillan.
    • Handle: RePEc:pal:psifcp:978-3-031-36457-0_6
    DOI: 10.1007/978-3-031-36457-0_6
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