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Project title

Investigating the Effectiveness of Directors' Duties in the Face of Climatic Risks

Primary Funding Agency

Irish Research Council

Co-Funding Organisation(s)

n/a

Lead Organisation

Trinity College Dublin (TCD)

Lead Applicant

n/a

Project Abstract

Climate change is the existential threat of our time. Unquestionably, a contributing factor to this global crisis is the rise of industrialisation. The recent swathes of �climate cases� against companies demonstrates the multi-jurisdictional prevalence of this issue. However, the low success rates of this reactive litigation and the inadequacy of traditional remedies in cases of environmental harm highlights the necessity for the law to clearly regulate preventative climate conscious directorial decision making. Broadly the most successful regulatory tool in shaping directors� decisions has been directors� duties. However, these duties were drafted into statute before anthropogenic causes of climate change were taken �seriously�. Thus, contrary to popular belief the law in most jurisdictions does not provide clear effective legal obligations on directors� to give meaningful consideration to climatic impacts before a decision is made. Thus, firstly this PhD will complete a cross jurisdictional doctrinal study of directors� duties in Ireland, the UK, some US statutes, Australia and Canada to determine the varying extent to which existing duties require meaningful consideration of climatic impacts. It will be shown that broad artificial statutory interpretation of existing duties is required to argue that climate change impacts are given due weight before a directorial decision is made. Reliance on strained interpretation as a legal basis is neither favourable from an eco-centric perspective or from a director�s practical perspective as to the clarity of their obligations. Therefore, secondly this research will propose and consider the merits of an independent climatic directors� duty within these jurisdictions� regimes. It is hoped that this would bring much needed clarity to the law and increase its effectiveness at ensuring that climate conscious directorial decisions are made in light of the worsening impacts of climate change. We have a moral obligation to protect our planet and the law should reflect that.

Grant Approved

�82,500.00

Research Hub

n/a

Research Theme

Ireland's Future Climate, its Impacts, and Adaptation Options

Start Date

01/09/2022

Initial Projected Completion Date

31/08/2025