The Law Of Esg Derivatives

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The Law of ESG Derivatives

Author : Ligia Catherine Arias Barrera
Publisher : Taylor & Francis
Page : 310 pages
File Size : 44,6 Mb
Release : 2024-07-05
Category : Law
ISBN : 9781040085486

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The Law of ESG Derivatives by Ligia Catherine Arias Barrera Pdf

This book weaves together a comprehensive legal analysis of sustainable finance regimes governing Environment, Social and Governance (ESG) derivatives, with insightful sociological perspectives on risks and uncertainties. Sustainable finance offers a unique chance to channel capital towards sustainability goals, with ESG derivatives emerging as potent catalysts for a transition to a more sustainable economy. Beyond amplifying capital flow, they strategically align with effective ESG risk and uncertainty management. The book explores how integrating ESG derivatives can strategically serve sustainable investment, offering insights into optimal risk management. The work not only outlines challenges but presents potential solutions, highlighting ESG derivatives’ role in addressing market failures affecting sustainable finance, which is an aspect often overlooked by regulators in the EU, the UK, and the US. Serving as a strategy guide for countries adopting a diverse sustainable finance portfolio, the book targets policy practitioners and advocacy specialists, catering to a broad multidisciplinary audience amid the increasing interest in ESG-related products. The book’s dual emphasis on financial derivatives for ESG risk management and sociological perspectives positions it as an ideal resource for scholars, experts, practitioners, researchers, and curious minds across law, business, management, and sociological studies.

Capital Markets, Derivatives and the Law

Author : Alan N. Rechtschaffen
Publisher : Oxford University Press
Page : 383 pages
File Size : 41,5 Mb
Release : 2009
Category : Business & Economics
ISBN : 9780195339086

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Capital Markets, Derivatives and the Law by Alan N. Rechtschaffen Pdf

President Obama recently called for a new financial regulation system in the United States. In order to understand the intricacies of new regulation, individuals must have a strong foundation in how capital markets function as well as how financial instruments and derivatives work. Capital Markets, Derivatives, and the Law provides readers with the foundation necessary to make informed, well-reasoned decisions about capital market participation, derivative utilization, and adherence to existing and future regulations. This publication is an essential guide for attorneys and business professionals looking for an accessible resource to better understand the legal and business considerations of capital markets and derivatives transactions. This book offers expert insight into how derivatives work. The author also explores the structures of derivatives as well as how they are regulated and litigated. In the complex world of the current capital market upheaval, this book provides useful definitions, case law examples, and insight into structures, regulation, and litigation strategies.

Handbook of Energy Law in the Low-Carbon Transition

Author : Giuseppe Bellantuono,Lee Godden,Hanri Mostert,Hannah Wiseman,Hao Zhang
Publisher : Walter de Gruyter GmbH & Co KG
Page : 404 pages
File Size : 43,8 Mb
Release : 2023-05-22
Category : Law
ISBN : 9783110752458

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Handbook of Energy Law in the Low-Carbon Transition by Giuseppe Bellantuono,Lee Godden,Hanri Mostert,Hannah Wiseman,Hao Zhang Pdf

The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.

The Law on Financial Derivatives

Author : Alastair Hudson
Publisher : Thomson Professional Pub Cn
Page : 434 pages
File Size : 46,5 Mb
Release : 1998
Category : Law
ISBN : 0421617705

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The Law on Financial Derivatives by Alastair Hudson Pdf

Despite their significance in modern financing transactions, there is no law dealing specifically with derivatives. This work covers the commercial basis for the instruments and adapts existing legla principles from all fields in this area. Written for both lawyers and readers with no prior knowledge of the market, the book provides a comprehensive guide to the legal complexities of the derivatives market, enabling the reader to understand the structure of the products.

Practical Derivatives: Transactional Ahb

Author : Perzanowski PARKER
Publisher : Unknown
Page : 590 pages
File Size : 49,5 Mb
Release : 2022-11-30
Category : Electronic
ISBN : 1787428427

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Practical Derivatives: Transactional Ahb by Perzanowski PARKER Pdf

This fourth edition includes updated chapters explaining how derivatives are used in the practical context, how the documentation works and any pitfalls for the unwary.

Environmental, Social and Governance (ESG) Laws, Regulations and Practices in the Digital Era

Author : Peter Yeoh
Publisher : Kluwer Law International B.V.
Page : 392 pages
File Size : 47,7 Mb
Release : 2022-01-13
Category : Law
ISBN : 9789403541808

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Environmental, Social and Governance (ESG) Laws, Regulations and Practices in the Digital Era by Peter Yeoh Pdf

In the past two decades, the traditional role of corporate governance has been greatly augmented and transformed by increased attention to the importance of social inclusion in business decisions and of environmental impacts of business activities, giving rise to the now well-understood linkage among environmental, social, and governance (ESG) principles. This book is the first to thoroughly analyze the ESG phenomenon as a tripartite corporate purpose model and the profusion of laws and regulations it continues to engender. Drawing on perspectives from law, economics, and business management, the book focuses on those ESG challenges that are most likely to impact companies in the coming years. The author discusses such aspects of ESG law, regulation, and practice as the following: impact of digitalization on ESG practices; competing ESG perspectives and whether there are signs of convergence toward a more universal model; impact of corporate ownership patterns; review of hard and soft law responses; corporate control under COVID-19 pandemic conditions; workplace and workforce transformations; various ESG-related corporate scandals and controversies; ESG regulatory responses from international entities such as the Organisation for Economic Co-operation and Development (OECD) and International Organization of Securities Commissions (IOSCO); and seminal ESG cases in various business sectors. The emphasis throughout is on developments in the European Union, the United States, and the United Kingdom, both because it is in those jurisdictions that ESG challenges have been and are most fully dealt with and because these economies taken together are likely to continue exerting dominating influence across the world. What this book says about ESG provides pertinent insights and guidance for those seeking a better understanding of ESG practices and underlying theories across major economies. With essential information and guidance for ESG law practitioners, policymakers, and academicians, the book gives clarity and guidance as to who should lead the charge for ESG practices in business enterprises in major jurisdictional settings. Its detailed coverage of best ESG practices will be welcomed by those conducting their business enterprises within approved regulatory perimeters.

Derivatives

Author : John-Peter Castagnino
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2009
Category : Law
ISBN : 0199556369

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Derivatives by John-Peter Castagnino Pdf

This book is a practical guide to derivatives, setting out a straightforward and easily understood explanation of the basic concepts, the different types of derivative product, who uses derivatives, and why and how derivatives are used. The book explains both more established products (suchas futures, options, and swaps) and more innovative products (such as CPPI structures and those derivative contracts used as financing tools). The expansion of the derivative market to cover different underlying assets (such as freight, power trading, emissions trading, and hedge funds) isexplored.The author provides guidance as to the legal and regulatory treatment of derivatives. The book looks at the key documents that are used in both the exchange-based and over-the-counter (OTC) markets and explores the important materials published by ISDA .The book also discusses other related topicsincluding the accounting and tax treatments of derivatives.The book considers the background to current legal trends, including the developing strand of English case law on claims for the misselling of derivative products and the retail offer of derivatives, which has recently been the subject of considerable debate within the financial services industry.The third edition includes a new discussion of the retail offer of derivatives, and discusses a greater number of derivative products (including CPPI structures, derivatives used as financing tools, power trading, emissions trading, multi-asset derivatives, fund-linked derivatives, derivatives basedon "computed data", and the different wrappers" in which derivative exposures are made available).It provides greatly expanded discussion of the ISDA documents used in the over-the-counter (OTC) market and looks in more detail at the duty of care (selling and misselling, including the recent decision in the "Springwell" litigation).

Research Handbook on Global Capital Markets Law

Author : Iris H.-Y. Chiu,Iain G. MacNeil
Publisher : Edward Elgar Publishing
Page : 449 pages
File Size : 49,5 Mb
Release : 2023-06-01
Category : Law
ISBN : 9781800379305

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Research Handbook on Global Capital Markets Law by Iris H.-Y. Chiu,Iain G. MacNeil Pdf

This Research Handbook is a one-stop resource on global capital markets and the laws that regulate them. Featuring contributions from leading global experts, the Research Handbook delves into a range of issues including investment products such as equity finance; sustainable finance; fintech; impact investing; and private equity. It also provides analysis on institutional and procedural issues such as large and small companies' capital formation, the roles of institutional shareholders and information providers, and the practices and regulation of financial trading markets.

A Research Agenda for Corporate Law

Author : Christopher M. Bruner,Marc Moore
Publisher : Edward Elgar Publishing
Page : 299 pages
File Size : 45,8 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781800880443

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A Research Agenda for Corporate Law by Christopher M. Bruner,Marc Moore Pdf

Outlining significant dynamics that may pave the way for future evolution in the field of corporate law, this timely Research Agenda explores provocative and cutting-edge developments to identify new directions for scholarly inquiry. Bringing together a diverse group of scholars, the book evaluates doctrinal and normative issues in corporate law from a range of contextual and interdisciplinary viewpoints.

Commentaries and Cases on the Law of Business Organization

Author : William T. Allen,Reinier Kraakman,Vikramaditya S. Khanna
Publisher : Aspen Publishing
Page : 986 pages
File Size : 45,9 Mb
Release : 2021-01-31
Category : Law
ISBN : 9781543831016

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Commentaries and Cases on the Law of Business Organization by William T. Allen,Reinier Kraakman,Vikramaditya S. Khanna Pdf

Extraordinary authorship adds a unique real-world perspective to Commentaries and Cases on the Law of Business Organization. Logical and flexible organization allows for chapters to be taught in any order to accommodate alternative teaching approaches. Rich commentary in the form of explanatory notes facilitates teaching and understanding. Careful case selection and editing presents both classic and important recent cases and an economic-analysis perspective is made accessible through clear and consistent explanatory text. Examples, hypotheticals, and diagrams illustrate conceptual and theoretical models. The text can easily be used in any Business Organization course with a focus on corporate law. New to the Sixth Edition: Extensively revised Chapter on rise of alternative business entities (e.g., LLCs, LPs) and case law pertaining to them such as Dieckman and Miller). Also, we discuss implications of greater contractualization of fiduciary duties in business entities – a theme repeated in numerous places throughout the book. Extensively revised and updated Chapter on corporate voting discussing the impact of institutional investors and asset managers (alternatively hedge funds and index funds); the new SEC rules on proxy advisory firms and shareholder proposals; and the growth of ESG related proposals. Updated and revised discussion on the duty of loyalty, corporate purpose, and the rise of public benefit corporations. Updated and revised discussions in a number of Chapters including on developments related to Caremark duties and compliance programs (e.g., the Marchand decision); Creditor protection; basic finance and valuation; judicial review of executive compensation (e.g., Investors Bancorp); regulation of shareholder litigation (e.g., Trulia; Sciabacucci); insider trading (e.g., Salman, Martoma, and Dozorkho) and fraud on the market. Extensively revised and updated Chapter on Mergers & Acquisitions discussing the rise of deal litigation, appraisal actions, and fair value determinations (e.g., Dell; Aruba; Jarden) along with developments in fiduciary duty class actions related to freeze out mergers under M.F. Worldwide such as Synutra. Extensively revised and updated Chapter on Corporate Control Contests including discussion of Corwin and its progeny including Morrison and PLX. Professors and student will benefit from: Extensive commentary, particularly on Delaware corporate law but also including references to the law in other states and foreign jurisdictions. A coherent conceptual structure, which emphasizes the unique characteristics of fiduciary law as well the basic agency conflicts that underlie corporate law. Tightly edited cases, which make for brief but concentrated reading assignments, together with focused discussion questions. Teaching materials Include: Teacher’s Manual The Teacher’s Manual includes detailed guidance for structuring the course, case analyses, and answers to questions raised in the book. PowerPoint Slides

Research Handbook on Shareholder Inspection Rights

Author : Randall S. Thomas,Paolo Giudici,Umakanth Varottil
Publisher : Edward Elgar Publishing
Page : 473 pages
File Size : 52,7 Mb
Release : 2023-05-09
Category : Law
ISBN : 9781800377745

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Research Handbook on Shareholder Inspection Rights by Randall S. Thomas,Paolo Giudici,Umakanth Varottil Pdf

Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection.

Managing Climate Risk in the U.S. Financial System

Author : Leonardo Martinez-Diaz,Jesse M. Keenan
Publisher : U.S. Commodity Futures Trading Commission
Page : 196 pages
File Size : 46,8 Mb
Release : 2020-09-09
Category : Science
ISBN : 9780578748412

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Managing Climate Risk in the U.S. Financial System by Leonardo Martinez-Diaz,Jesse M. Keenan Pdf

This publication serves as a roadmap for exploring and managing climate risk in the U.S. financial system. It is the first major climate publication by a U.S. financial regulator. The central message is that U.S. financial regulators must recognize that climate change poses serious emerging risks to the U.S. financial system, and they should move urgently and decisively to measure, understand, and address these risks. Achieving this goal calls for strengthening regulators’ capabilities, expertise, and data and tools to better monitor, analyze, and quantify climate risks. It calls for working closely with the private sector to ensure that financial institutions and market participants do the same. And it calls for policy and regulatory choices that are flexible, open-ended, and adaptable to new information about climate change and its risks, based on close and iterative dialogue with the private sector. At the same time, the financial community should not simply be reactive—it should provide solutions. Regulators should recognize that the financial system can itself be a catalyst for investments that accelerate economic resilience and the transition to a net-zero emissions economy. Financial innovations, in the form of new financial products, services, and technologies, can help the U.S. economy better manage climate risk and help channel more capital into technologies essential for the transition. https://doi.org/10.5281/zenodo.5247742

The Law of Securitisations

Author : Pierre de Gioia Carabellese,Camilla Della Giustina
Publisher : Taylor & Francis
Page : 149 pages
File Size : 49,9 Mb
Release : 2023-03-31
Category : Law
ISBN : 9781000849387

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The Law of Securitisations by Pierre de Gioia Carabellese,Camilla Della Giustina Pdf

The book The Law of Securitisations: From Crises to Techno-sustainability provides a full and detailed account of the EU legislation in the area of structured finance with the new legal rules dissected and discussed in their full extent. Securitisation transactions have been identified in the literature among the main reasons for the 2007–2008 financial crisis, alongside derivative contracts. More than a decade later, the EU legislature passed in 2017 a legal framework comprehensively disciplining the area of securitisations in the EU. On such a background the main purpose of the book is to discuss and analyse, in a holistic way, both the rationale behind the securitisations as financial transactions and their main players (e.g. originators, SPVs and credit rating agencies) and their "ESG" (Environmental, Social and Governance) challenges, particularly the recent regulation passed in the EU during the 2020–2021 global pandemic. The goal of this legal analysis is to identify and clarify the entire legal process of securitisations, as a result of the new EU legislation, as well as duties, responsibilities and practices incumbent on the main players. Furthermore, the monograph is also concerned with the new challenges facing financial markets and their regulation: the new concept of sustainability and the development of technology. In this scenario, there is a blend of financial issues, new environmental challenges and, ultimately, the role human beings are expected to play, also from a social justice perspective. Adopting not just doctrinal methodology but also comparative (from a private law perspective) and interdisciplinary (regulatory and law and economics), the authors also include a discussion of the main literature which has blossomed over the last two decades on structured finance transactions, particularly the literature that unveiled, a decade ago, the concept of shadow banking. This book will be one of the first to focus on the new EU Securitisation Regulation and will be of interest to academics, students and practitioners of financial law.