The doctrine of corporate conscience: navigating the labyrinth of ESG litigation in the quest for sustainability and justice

Abstract

• Analyses the doctrinal foundations and evolving jurisprudence of ESG litigation, highlighting key legal principles and recent developments. • Examines the role of fiduciary duties, disclosure obligations, and tort law principles in holding corporations accountable for ESG impacts and promoting sustainability. • Explores the implications of ESG litigation across various issues for corporate decision-making, investor expectations, and the law’s role in promoting sustainability. • Identifies key doctrinal challenges, including the lack of clear legal standards, potential unintended consequences, and the need for specialised expertise and tools. • Emphasises the critical role of courts in shaping ESG jurisprudence and promoting corporate accountability. • Contributes to the ongoing debate on the law’s role in promoting sustainable and responsible business practices.