Banking Law and Climate Change: Key Legal Issues
Banking Law and Climate Change: Key Legal Issues

Author: Mario Tamez

Publisher: International Monetary Fund

Published: 2024-09-10

Total Pages: 54

ISBN-13:

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This paper explores the intersection of climate change policies with banking supervisory law. Statutory mandates define banking supervisory agencies’ objectives, functions and powers. Policies that aim to address climate change risks appear fully germane to banking supervisors’ main objective of safety and soundness. As such, banking supervisory agencies have a duty to address climate risks in light of their mandate. A mandate that is not anchored on safety and soundness in light of best practice would blur the accountability of banking supervisory agencies and undermine their legitimacy also with respect to climate. While legal changes can help provide greater legal certaintly, particularly given the long-term perspective of climate change, bank supervisory agencies can take action without fundamental reforms of their legal framework. Accordingly, they have set expectations or requirements for banks to incorporate climate into their strategy and business model, risk management, and governance. A combination of legal instruments—based on soft law and hard law—helps to achieve this objective. Notwithstanding implementation challenges, taxonomies and disclosures remain important tools, and banking supervisors should assess their role in the development of such tools in light of their mandate. The key responsibility to address climate risks rests on banks, and corporate governance frameworks could assist.

Banking on Climate Change
Banking on Climate Change

Author: Megan Bowman

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9789041152237

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Banking on Climate Change provides you with a comprehensive, cross-jurisdictional analysis of legislative and policy responses to climate change and the financial crisis in key market economies. The climate finance field is extremely new. This first qualitative study on corporate climate finance spells out the importance of private capital finance and public finance in facilitating the transition to a low-carbon economy. You'll find a thorough discussion and analysis of the discrete topics of finance and climate change, which will help you in your lending, investing and advising activities. Megan Bowman draws upon the access she has received to senior bank managers and international workshops to explore the activities of multilateral development banks and specialized climate funds. She also considers the influences of corporate law and corporate governance norms on directors' decision-making. She examines the risk/return theory for a range of private finance actors, and explores how business case logic and corporate social responsibility influence financial behaviors. She also looks at the case for Chinese 'state capital' for global green investment. Banking on Climate Change includes personal interviews with senior bank personnel, corporations and non-government organizations in the United States, Europe and Australia. This data will give you a key insight into how and why the banks make their decisions, and will be helpful for legal practitioners, policy-makers and anyone working in other private finance sectors.--

Sustainable Finance and Climate Change
Sustainable Finance and Climate Change

Author: René Smits

Publisher: Edward Elgar Publishing

Published: 2024-04-12

Total Pages: 425

ISBN-13: 1800377282

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Sustainable Finance and Climate Change explores the legal and regulatory framework that governs the transition to a carbon free economy, looking in particular at the regulation of the financial sector and corporate liability for climate change and biodiversity loss. In addition it looks at the effect on general corporate law, environmental law, central bank law, as well as litigation and arbitration.

Human Rights and Climate Change
Human Rights and Climate Change

Author: Siobhan Mcinerney-Lankford

Publisher: World Bank Publications

Published: 2011

Total Pages: 162

ISBN-13: 0821387235

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This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.

Fairness in International Climate Change Law and Policy
Fairness in International Climate Change Law and Policy

Author: Friedrich Soltau

Publisher: Cambridge University Press

Published: 2009-09-14

Total Pages: 305

ISBN-13: 1139479369

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This work analyses fairness dimensions of the climate regime. A central issue in international law and policy is how countries of the world should allocate the burden of addressing global climate change. With the link between human activities and climate change clearly established, and the first impacts of climate change being felt, there is a renewed sense of urgency in addressing the problem. On the basis of an overview of science and the development of the climate regime, this book seeks to identify the elements of a working consensus on fairness principles that could be used to solve the seemingly intractable problem of assigning responsibility for combating climate change. The book demonstrates how an analysis of fairness dimensions of climate change - grounded in practical developments and illustrated with reference to the key issues - can add value to our understanding of the options for international climate law and policy.

The World Bank Legal Review
The World Bank Legal Review

Author: Hassane Cissé

Publisher: World Bank Publications

Published: 2011-11-04

Total Pages: 429

ISBN-13: 0821388630

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This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.

Constructing a Private Climate Change Lawsuit Under English Law
Constructing a Private Climate Change Lawsuit Under English Law

Author: Giedr? Kaminskait?-Salters

Publisher: Kluwer Law International B.V.

Published: 2010-01-01

Total Pages: 242

ISBN-13: 9041132538

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The issue of tortious liability for harm caused by climate change has risen to some prominence in recent legal literature. However, except for a few U.S. cases, litigation in this area remains dormant in most jurisdictions. Now, in anticipation of the likelihood - and desirability - of such litigation, this ground-breaking study examines the extent to which a claim brought by a private, public, or quasi-public claimant against a private defendant (such as a producer of fossil fuels or major emitter of greenhouse gases) alleging climate change-related damage, and based on one or more causes of action under the English law of torts, can be pursued in the English Courts.

International Climate Change Law
International Climate Change Law

Author: Daniel Bodansky

Publisher: Oxford University Press

Published: 2017

Total Pages: 417

ISBN-13: 0199664293

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A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.

The World Bank Legal Review
The World Bank Legal Review

Author: Hassane Cissé

Publisher: World Bank Publications

Published: 2011-11-04

Total Pages: 429

ISBN-13: 0821388649

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This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.