Japan is considering whether to require all of its primary listed companies to publish an annual sustainability report which substantively conforms with the standards issued by the IFRS’ International Sustainability Standards Board (“ISSB”). The new mandatory disclosure rule would be applied in phases based on the size of market capitalization, with the biggest companies planned
Asia-Pacific
APLMA publishes Model Provisions for Green Loans
On 3 June 2024, the Asia Pacific Loan Market Association (“APLMA”) published its set of “Model Provisions for Green Loans” (“Model Provisions”), following the publication of the “Draft Provisions for Sustainability-Linked Loans” by the London-based Loan Market Association (“LMA”) a year earlier in May 2023. The markets expect that the Model Provisions will bring some clarity into the classification of green loans going forward.Continue Reading APLMA publishes Model Provisions for Green Loans
Smith v Fonterra: A Climate Change Litigation Development
The Supreme Court of New Zealand recently overturned strike-out decisions to allow climate change claims (involving a new climate tort) to proceed to trial.Continue Reading Smith v Fonterra: A Climate Change Litigation Development
Seas the Future: Singapore’s Visionary Leap into Oceanic Carbon Capture
Replace, Reduce and Remove.
The 3Rs that constitute the three-pronged approach espoused by PUB, the national water agency of Singapore, in its hefty goal of achieving net zero emissions by 2045. The strategy by PUB focuses on replacing fossil fuels with renewable solar energy, investing in research and development to reduce the energy required in…
SINGAPORE’S CARBON REGULATIONS: PAVING THE WAY FOR THE GREEN PLAN 2030
Recognising the threat of climate change and the importance of sustainable development, Singapore has made a commitment to establishing a robust framework of environmental and climate change laws and regulations – an unprecedented initiative in the Southeast Asia region.
Singapore launched its key environmental strategy in 2021 with the Singapore Green Plan 2030, a…
Singapore Launches World’s First Multi-Sector Transition Taxonomy
The Monetary Authority of Singapore (MAS) launched the Singapore-Asia Taxonomy for Sustainable Finance (the “Singapore-Asia Taxonomy”) at the COP28 climate conference on 3 December 2023. This development is noteworthy as the Singapore-Asia Taxonomy is the world’s first multi-sector transition taxonomy for defining green and transition activities across eight key sectors, namely: (1) energy; (2) industrial; (3) carbon capture and sequestration; (4) agriculture and forestry; (5) construction and real estate; (6) waste and circular economy; (7) information and communications technology; and (8) transportation. The Singapore-Asia Taxonomy uses the traffic lights system of “green” (environmentally sustainable), “amber” (transition) and “ineligible” to classify activities based on their contribution to the taxonomy’s environmental objectives, currently focused on climate change mitigation. We previously reported on the work leading up to the finalisation of the Singapore-Asia Taxonomy here and here.Continue Reading Singapore Launches World’s First Multi-Sector Transition Taxonomy
Hong Kong Promotes Product Eco-Responsibility: New Regulations on Disposable Plastic Products
Plastic pollution is a global environmental problem. To combat this issue, the United Nations Environment Assembly passed a resolution in March 2022 to develop a draft global agreement on plastic pollution by the end of 2024 (reported here). The third session of the Intergovernmental Negotiating Committee recently concluded in Nairobi, Kenya with the next session scheduled in April 2024 in Ottawa, Canada. Further, in April 2023, the international non-profit organisation, CDP, added plastic-related impacts to its global disclosure platform for companies and governments (reported here).
In Hong Kong, waste plastics continue to make up around 20% of municipal household solid waste disposal. To address growing concerns over the harmful effects of plastic waste on the environment and public health, the Hong Kong government recently passed the Product Eco-responsibility (Amendment) Bill 2023 (the “Bill“) to introduce regulations on disposable plastic tableware and other common plastic products, some of which will be banned from sale or free distribution in the coming year. Consequently, businesses in the food and beverage and hospitality industries will have to adapt their business operations. Hong Kong residents and visitors must also modify their consumption habits accordingly.Continue Reading Hong Kong Promotes Product Eco-Responsibility: New Regulations on Disposable Plastic Products
2023 has been the year of the taxonomy
Our international ESG team has been keeping an eye on what’s going on with regards to green taxonomies. With so much activity already this year, we summarize some of the key developments below.
EU
We recently published this reminder of the EU’s taxonomy framework. Our publication is particularly relevant to non-EU groups with large subsidiaries…
ISSB Publishes IFRS Sustainability Disclosure Taxonomy for Consultation
On 27 July 2023, the International Sustainability Standards Board (the “ISSB”) published the Proposed IFRS Sustainability Disclosure Taxonomy for public consultation. The IFRS Sustainability Disclosure Taxonomy, which follows the ISSB’s issuance of the IFRS sustainability disclosure standards (the “Standards”) (which we reported here), is a digital taxonomy designed to facilitate digital reporting of sustainability-related financial information and to improve accessibility and comparability of such information by investors and regulators globally. Notably, the IFRS Sustainability Disclosure Taxonomy is not a taxonomy for categorising sustainability ratings or attributes of specific activities such as the EU taxonomy for sustainable activities.Continue Reading ISSB Publishes IFRS Sustainability Disclosure Taxonomy for Consultation
Japan FSA Publishes Draft Guidelines on Impact Investment and Calls for Public Opinion
On 30 June 2023, the Working Group on Impact Investment (“Working Group”), which was established under the Expert Panel on Sustainable Finance of the Financial Services Agency of Japan (“FSA”), published a report (“Report”) (in English and Japanese) setting out domestic and international trends in impact investment and draft basic guidelines consisting of four key principles as discussed below (“Guidelines”). The Report seeks to fill a gap in the lack of standards regulating “impact investment”, one of several sustainable finance investment methods, and noted “impact investment” market practices are still developing. In contrast, other ESG investment methods such as “integration” and “positive or negative screening” appear to be more commonly used in the market.
The Guidelines seek to encourage dialogue and align understanding on basic concepts and processes for “impact investment” between investors, financial institutions and companies in Japan and globally, and develop knowledge and experience in this area. The Guidelines further aim to create an environment in which investors and financial institutions can invest more confidently without concerns of greenwashing, and to help companies in obtaining financing and support. Continue Reading Japan FSA Publishes Draft Guidelines on Impact Investment and Calls for Public Opinion