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With great power comes great responsibility. Although the world's leading financial institutions are unlikely to be mistaken for superheroes, they would do well to remember that maxim as they rush to cast themselves as champions of sustainable development. Leading lenders have been quick to adopt the Equator Principles, a voluntary set of environmental and social guidelines applicable to their project finance activities. By adopting more responsible lending practices, however, lenders increase their control over project activities, potentially exposing themselves to greater liability risks. Part I of the paper sets forth the content of the Equator Principles and their impact on the operations of lenders that adopt them - called Equator Principles Financial Institutions ("EPFIs"). Part II outlines the current scope of lender liability for environmental damage and describes how the steps EPFIs take to protect their project investments generate liability risks. Part III surveys existing methods for holding lenders accountable for their projects' social and economic harms and explains why EPFIs are prime targets for such liability. The paper concludes with reflections on the Principles endeavor and the evolving liability risks that accompany sustainable financing.
This paper discusses some assumptions applied to justify lender liability for environmental damage. In the paper's first part views are discussed as to who, the lender or the borrower, can be regarded as the cheapest cost avoider in light of the cost-benefit analysis of environmental liability. Subsequently, the paper discusses a model of lender conduct under international codes of conduct for financial institutions (e.g. the Equator Principles), based on ethical justification. The conclusion compares the approaches.
Advocating Social Change through International Law explores the strategic use of hard and soft international law to advocate for social change in a variety of contexts, including for example human rights, international criminal prosecutions, environmental protection, public health, and financial regulation.
This study analyses the risk assessment and socio-environmental safeguard procedures associated with the financing of pulp mill projects. The type and cost of the fibre source is clearly key to the economic competitiveness of any pulp mill. Nevertheless, investment institutions often carry out only limited assessment of the fibre source of the proposed mill. Although a growing number of financial institutions have adopted policies to employ social and environmental safeguard screening for investments in developing countries and transitioning economies, the scope of such screenings is in fact quite limited and they are often implemented ineffectively. [Provided by publisher]
Sustainable Banking introduces business leaders and students to the many ways in which financial institutions can manage their environmental and social impact and meet the needs of the current generation without compromising the needs of future generations. Olaf Weber and Blair Feltmate go beyond the business case for sustainability: how managing environmental, social, and governance risk can contribute to a bank’s bottom line – to make the sustainability case for banking: how banks and other financial institutions can make a positive impact on society. In their book, Weber and Feltmate discuss the key aspects involved in making a financial institution sustainable: how to manage the direct and indirect impacts of banking activities on the community and the environment, how to minimize and mitigate the environmental footprint of internal operations, and how to account for various types of environmental and social risk in lending and project finance. They also introduce sustainable banking products and strategies being adopted by industry leaders, such as responsible investing, social finance, and impact lending.
This comprehensive book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lend.
Providing a single point of reference, this book covers situations in which banks can incur liability, giving a practical consideration of the central issues and as well as the underlying general principles. It addresses liability in negligence and contract from an English law perspective, with reference to Scottish and Commonwealth law.
This booklet is designed to develop an appreciation of the Equator Principles and to help in understanding what matters and why.