The Law of ESG Derivatives

The Law of ESG Derivatives PDF Author: Ligia Catherine Arias-Barrera
Publisher:
ISBN: 9781032429960
Category : Derivative securities
Languages : en
Pages : 0

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Book Description
"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"--

The Law of ESG Derivatives

The Law of ESG Derivatives PDF Author: Ligia Catherine Arias-Barrera
Publisher:
ISBN: 9781032429960
Category : Derivative securities
Languages : en
Pages : 0

Get Book Here

Book Description
"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"--

The Law of ESG Derivatives

The Law of ESG Derivatives PDF Author: Ligia Catherine Arias Barrera
Publisher: Taylor & Francis
ISBN: 1040085482
Category : Law
Languages : en
Pages : 310

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Book Description
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.

The Law of Derivatives

The Law of Derivatives PDF Author: Simon James
Publisher: CRC Press
ISBN: 1317811313
Category : Law
Languages : en
Pages : 382

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Book Description
This volume focuses on the legal risks arising in English law in the course of derivatives transactions. It discusses the following issues: the legal risks arising in the negotiation and conduct of derivatives transactions; the regulation of the derivatives market; the capacity to enter into derivatives transactions and the standard term upon which this is done; the consequences of default by a counterparty; and the standard terms on which derivatives are entered into, particularly the ISDA Master Agreement.

The Law on Financial Derivatives

The Law on Financial Derivatives PDF Author: Alastair Hudson
Publisher: Thomson Professional Pub Cn
ISBN: 9780421617704
Category : Law
Languages : en
Pages : 434

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Book Description
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.

Taxation of Derivatives and Cryptoassets

Taxation of Derivatives and Cryptoassets PDF Author: Oktavia Weidmann
Publisher: Kluwer Law International B.V.
ISBN: 9403523840
Category : Law
Languages : en
Pages : 676

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Book Description
Derivatives stand at the forefront of financial innovation, continually evolving to accommodate new asset classes and risk categories. In the past decade, the growing popularity of cryptoassets and ESG investments has sparked the development of a variety of innovative investment strategies and risk management tools, including crypto and ESG derivatives and related structured products. This new edition has similarly evolved. Using illustrative examples, it provides a comprehensive analysis of the key tax issues associated with derivatives and cryptoassets in domestic and cross-border transactions and presents approaches that tax legislators could adopt to solve them. The new edition also comments on recent trends in global tax policy, such as the OECD Base Erosion and Profit Shifting (BEPS) 1.0 and 2.0 projects. Throughout the book, specific references are made to UK, German, and Swiss tax law. The updated edition addresses the following topics: economic and financial properties of derivatives and cryptoassets; definition of derivatives for tax purposes and its application to crypto derivatives and ESG derivatives, among others; accounting treatment of derivatives and cryptoassets under IFRS, UK, German and US GAAP; current tax legislation and policy alternatives to the taxation of derivatives and cryptoassets; characterisation of derivatives gains and losses as income or capital, and equity or debt; accounting and taxation treatment of hedging transactions involving derivatives or cryptoassets; accounting and taxation rules applying to structured products and hybrid instruments, including crypto and ESG-linked structured products; withholding taxes on derivatives and the concept of beneficial ownership in domestic and cross-border transactions; and anti-avoidance legislation applying to derivatives and cryptoassets, including the domestic law implementation of BEPS Action 2, the EU Anti-Tax Avoidance Directives (ATAD I and II), the tax transparency rules for cryptoassets (DAC8) and Pillar Two. This comprehensive book analyses recent developments in three intertwined areas of expertise: financial products, accounting and tax law. It will be a valuable resource to tax professionals in their daily practice of advising companies, banks and investment funds. It will also be of interest to government officials and researchers engaged in the taxation of derivatives, cryptoassets, and ESG investment products.

The Derivatives Revolution

The Derivatives Revolution PDF Author: Raffaele Scalcione
Publisher: Kluwer Law International B.V.
ISBN: 9041134301
Category : Law
Languages : en
Pages : 458

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Book Description
It is now widely recognized that an uncontrolled "derivatives revolution" triggered one of the most spectacular worst-case scenarios of modern times. This book - the most cogent legal analysis of the subject yet to appear in any language - lays bare the core role played by the failure to adequately regulate derivatives in the financial crisis of recent years. The author's insistence that derivatives must be viewed not as profit-seeking investments but as risk management tools - and his well-grounded prescriptions to ensure that they are regulated in that way - sheds clear light on the best way for companies, financial institutions, and hedge funds to move forward in their use of these useful but highly hazardous instruments. This book clearly shows how such elements as the following fit into the legal analysis of derivatives, and how proper regulation will preserve their usefulness and economic value: ; derivatives allow for the most efficient and cost-effective risk fractioning, hence risk taking, techniques ever conceived; derivatives allow for all measurable and identifiable risks that may exist in modern finance; the ability to isolate risks and insure against risk exposures is the key to the very survival of modern financial markets; risk buyers effectively take on financial exposure to various types of risk while hedgers unload unwanted exposures; derivatives allow domestic investors to acquire exposure to foreign markets without the necessity of dealing with foreign laws, foreign investments, currency exchange, or foreign fiscal regimes; derivatives increase social welfare by making it easier and less expensive to carry out many types of financial transactions; derivatives allow governments to insulate, manage, hedge or concentrate risks deriving from financial, meteorological, and even geopolitical exposure; and derivatives allow radical changes to financial and risk structure to be performed silently and rapidly. To the question: how do we ensure that a company trading derivatives is regulated effectively? this work offers a clear and convincing answer. The author's detailed recommendations for regulatory and corporate governance measures are designed to prevent excessive risk taking, the emergence of rogue traders, and ultimately the emergence of another systemic disturbance caused by chains of derivatives-related losses.

Handbook of Energy Law in the Low-Carbon Transition

Handbook of Energy Law in the Low-Carbon Transition PDF Author: Giuseppe Bellantuono
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 311075245X
Category : Law
Languages : en
Pages : 404

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Book Description
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.

Practical Derivatives: Transactional Ahb

Practical Derivatives: Transactional Ahb PDF Author: Perzanowski PARKER
Publisher:
ISBN: 9781787428423
Category :
Languages : en
Pages : 590

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Book Description
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

Environmental, Social and Governance (ESG) Laws, Regulations and Practices in the Digital Era PDF Author: Peter Yeoh
Publisher: Kluwer Law International B.V.
ISBN: 9403541806
Category : Law
Languages : en
Pages : 392

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Book Description
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.

Financial Technology Law and Regulation in Africa

Financial Technology Law and Regulation in Africa PDF Author: Iwa Salami
Publisher: Taylor & Francis
ISBN: 1040134378
Category : Law
Languages : en
Pages : 141

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Book Description
This book comprehensively analyses financial technology law and regulation in Africa and provides domestic and regional perspectives on regulating FinTech in Africa. It studies policy considerations that can assist African policymakers in facilitating a balanced regulatory approach that does not stifle financial innovation. The growth of financial technology in Africa presents huge opportunities for inclusive growth on the African continent. Digital finance, which sits at the heart of financial technology, could be key to placing Africa back on the economic recovery trajectory after the COVID-19 crisis, facilitating its speed in achieving the UNSDG 2030 goals and setting the continent on course to meet its African Union Agenda 2063. This book: - Examines mobile financial services, crowdfunding, crypto-assets, digital currencies including central bank digital currencies, decentralised finance and open banking and finance, all from an African perspective; - Explores the status of regulation in these areas in Africa, highlighting areas where regulation is lacking, inadequate and in need of reform; - Highlights pragmatic approaches to regulation such as including the adoption of regulatory sandboxes and regulatory technology and discusses requirements for the adoption of supervisory technology in Africa; - Scrutinises the implications of developments in the FinTech space in Africa for international security and economic and financial stability. Placing Africa in the global context, the book argues for an international effort to understand the global dimensions of FinTech developments so that robust and applicable global regulatory frameworks can be applied in developing parts of the world. It will provide useful insights to investors, policy makers and entrepreneurs. It will also be essential reading for students and researchers in the field of technology, public policy, regulatory policy, financial policy, banking, and finance law.