Highlights
[Article] Finding a Core of Sustainability in Directors' and Officers' Fiduciary Duties by Mark Ortega
Directors and officers have a fiduciary duty to act in the best interests of a corporation and its shareholders. Yet corporations may be employing unsustainable, short-term business models that fail to properly account for financial and systemic risks that could harm the corporation in the long term. This paper asks whether there is, embedded within directors' fiduciary duties, a greater duty to consider "sustainability". Specifically, this duty would require directors and officers to return corporations to the established shareholder wealth maximization ("SWM") norm of creating long-term shareholder value under Delaware law.
[Article] A shell for directors? Issues facing climate-oriented derivative action claims by Joe Negrine
Former visiting researcher at APCEL, Joe Negrine, has published in the Australian Journal of Corporate Law. This article, A shell for directors? Issues facing climate-oriented derivative action claims (2024) 39 Aust Jnl of Corp Law 286, was conceptualised during Joe’s exchange semester at NUS Faculty of Law and finalised during his time at APCEL. Congratulations, Joe!
[Video] Asia in Focus: ESG Investing and the Business and Human Rights Agenda
Catch APCEL's Visiting Researchers, Ghislaine Nadaud and Elizabeth Wu, in a UNDP webcast on ESG Investing and the Business and Human Rights Agenda. ESG investing has emerged as a key factor in ensuring corporate sustainability and progress towards the SDGs. In this webcast, Asia in Focus explores how active investing, ESG-driven lending, and green bond issuance might be better leveraged to reach environmental and human rights goals.
Distinguished Visitor Lecture: Climate Change before the International Tribunal for the Law of the Sea (ITLOS) and the International Court of Justice (ICJ)
On 20 February 2024, APCEL hosted a lecture by Professor Ellen Hey, who is Professor of Public International Law at the Erasmus School of Law of Erasmus University Rotterdam. Professor Hey is Visiting Professor at NUS Law in February 2024, and is teaching a course on “Sustainable Development and International Law”.
