ABSTRACT
The last few years there has been a steady increase in sustainability-linked financial products. This paper examines in particular sustainability-linked bonds, loans, and derivatives. The focus is on the development of international private law standards which have arisen in this market, similar to those present in a wide range of ‘usual’ financial products. Some difficulties remain, such as performance measurements and verification. This raises the risk of green washing. Various regulatory initiatives, complementing or partially replacing private law standards, and which are aimed at addressing these issues, are discussed.
Contreras Kong, Victor and Rogge, Ebbe, Sustainability-Linked Products: International Private Law Standards (November 17, 2023), 39(2) Journal of International Banking Law and Regulation (2024) 55-63; Leiden Law School Research Paper; Hazelhoff Research Paper Series No 19.
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