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Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
War, Cacophony & Beyond: Reexamining And Adding Security To Environmental, Social & Corporate Governance Investing, Seongjun “Spencer” Park*
War, Cacophony & Beyond: Reexamining And Adding Security To Environmental, Social & Corporate Governance Investing, Seongjun “Spencer” Park*
Fordham International Law Journal
Russia’s invasion of Ukraine has exposed the current ESG approach’s weakness in many ways, most noticeably in the form of real-world consequences of negative screening strategies against defense and energy sectors. This Note attributes this weakness to a cacophony of risk and impact—a conceptual conflation between the two concepts in the relatively nascent ESG space. However, this Note finds that, even after resolving this cacophony, ESG investing still has significant problems that challenge its efficacy: (1) insufficient fairness and reasonableness of ESG ratings; (2) its uncertain future viability as an effective investment methodology under unfavorable economic conditions; and (3) its …
A Paper Tiger? Prosecutorial Regulators In China’S Civil Environmental Public Interest Litigations, Chunyan Ding, Huina Xiao
A Paper Tiger? Prosecutorial Regulators In China’S Civil Environmental Public Interest Litigations, Chunyan Ding, Huina Xiao
Fordham Environmental Law Review
In July 2015, China’s national legislature brought in prosecutor-led civil environmental public interest litigation (“EPIL”) for thirteen selected provincial areas of the country. After a two-year legal experiment, this prosecutor-led civil EPIL system was then established nationwide in July 2017. Yet, can it be said that prosecutorial regulators in China are in fact a paper tiger? Drawing upon content analysis of the 655 prosecutor-led civil EPILs and in-depth interviews with twelve frontline prosecutors and judges, this article examines the dynamics of regulatory practice and the motivation of the Chinese prosecutorial organs to engage in environmental regulation through litigation. Based upon …