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4 Stone Buildings on Liquidators

Edited by: Andrew de Mestre KC
Price: £289.00

Planning Law:
A Practitioner's
Handbook 2nd ed




 William Webster, Robert Weatherley


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Corporate Insolvency Practice:
Litigation, Procedure
and Precedents 3rd ed




 Mark Watson-Gandy


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Insolvency Law and Environmental, Social, and Corporate Governance

Edited by: Anthony J. Casey, Kuntz Thilo

ISBN13: 9780197902608
To be Published: June 2027
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £130.00





How should insolvency law respond to the rise of environmental, social, and corporate governance? For decades, insolvency law has been built on the premise of creditor value maximisation—interpreted almost exclusively in monetary terms. Yet as environmental, social, and governance considerations increasingly reshape corporate behaviour, this traditional focus is under unprecedented scrutiny. Should creditors be permitted to pursue non-monetary goals in a restructuring, even when doing so may reduce financial returns? And should insolvency practitioners treat issues such as climate change as material financial-risk factors when determining how best to administer an estate?

While corporate law has long grappled with questions surrounding shareholder value, stakeholder interests, and the boundaries of fiduciary responsibility, insolvency law has only recently begun to engage seriously with these debates. The implications are significant: reassessing the foundations of creditor value could transform long-standing doctrines and reshape practice across jurisdictions.

This pioneering volume fills a critical gap in the literature by placing ESG at the centre of insolvency scholarship. Bringing together leading experts from the United States, Europe, Asia, and South America, the book offers a truly global and interdisciplinary perspective. The contributors explore fundamental theoretical questions alongside emerging practical challenges, drawing out common themes that transcend the common law-civil law divide.

Timely and rigorous, this collection provides the first sustained examination of how ESG considerations intersect with insolvency law. It is essential reading for academics, practitioners, policymakers, and anyone seeking to understand how financial distress—and the legal systems that manage it—must adapt in an era defined by broader notions of value.

Subjects:
Insolvency Law, Commercial Law
Contents:
Introduction, Anthony J. Casey and Thilo Kuntz

Part I - Foundations: The ESG Movement and the Purposes of Insolvency Law
1:The Ethical Foundations of Corporate Insolvency Law: Sketches of a Justice Theory for Corporate Financial Distress, Felix Steffek
2:'All the Tools in the Toolbox': Some Reflections on the Proposed Recalibration of Corporate Insolvency Laws for Environmental Ends, Kristin van Zwieten
3:The Sustainability Paradigm and the Foundations of Bankruptcy Law, Sheila Neder Cerezetti
4:Creditors' Incentives and ESG in Insolvency: Creditors are not Shareholders, Thilo Kuntz

Part II - Operationalisation of ESG Goals in the Insolvency Context
5:Employment, Stability, and Dignity: Pillars of Corporate Bankruptcy Policy, Brook E. Gotberg
6:The Role of ESG Criteria in Bankruptcy: The Case of China, Simin Gao and Zixi Liu
7:No Loss for Gaïa: The Need for Clarification and Harmonization in the Treatment of Environmental Claims in Insolvency Proceedings, Mathias Houssin
8:The Confirmation of (non-)ESG-oriented Restructuring Plans under the EU Directive on Restructuring and Insolvency: Gateways for ESG Criteria Today and in the Future, Carsten Jungmann

Part III - The Legal Obligations and Rights of ESG and Insolvency
9:ESG Through Corporate and Director's Liability: Promise and Peril of Insolvency Law, Joeri Vananroye and Jari Vermeulen
10:Distribution of Damages Caused by Mass Torts: The Case of TEPCO's Fukushima Daiichi Nuclear Power Plant Accident, Wataru Tanaka

Part IV - ESG as a Risk Factor
11:The Strategic Use of ESG Ratings in Financial Distress in Europe, Anne Lafarre
12:ESG Performance Incentives and Insolvency Risk, Adam B. Badawi
13:Distress-Proofing Social Enterprises, Christopher D. Hampson

Part V - A Look Forward
14:ESG and Modern Methods of Construction: The Realism of Insolvency, Catherine Robinson
15:Taking Post-Restructuring Governance Seriously, Sarah Paterson
16:ESG Lessons from US Bankruptcies, Anthony J. Casey