Fiduciary Duty and Corporate Externalities: Rethinking Directors' Climate Obligations: 3CL Seminar

Public Lectures from the Faculty of Law, University of Cambridge

Speaker: Professor Ernest Lim (National University of Singapore)

This presentation explores the external dimension of directors’ duties—whether directors can and should address climate impacts and other externalities even absent financial benefits to the company’s shareholders—in contrast to the shareholder value maximisation focus. Its significance stems from universal investors, the EU due diligence regime, and high emitting SOEs. I examine three arguments: UK nature clauses are constrained by shareholder primacy; US shareholder preference claims are undermined by financially driven activism; and SOE directors’ duties can align with state ownership (as shown in China).

3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners.

For more information see the Centre for Corporate and Commercial Law website:

http://www.3cl.law.cam.ac.uk/