The Legal 500 Country Comparative Guides Japan Environmental, Social and Governance

Please click here to read the whole article.

【Contents】
1. Climate - the law governing operations that emit Greenhouse Gases (e.g. carbon trading) is addressed by Environment and Climate Change international guides, in respect of ESG: a. Is there any statutory duty to implement net zero business strategies; b. Is the use of carbon offsets to meet net zero or carbon neutral commitments regulated; c. Have there been any test cases brought against companies for undeliverable net zero strategies; d. Have there been any test cases brought against companies for their proportionate contribution to global levels of greenhouse gases (GHGs)?
2. Biodiversity - are new projects required to demonstrate biodiversity net gain to receive development consent?
3. Water - are companies required to report on water usage?
4. Forever chemicals - have there been any test cases brought against companies for product liability or pollution of the environment related to forever chemicals such as Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)?
5. Circularity - the law governing the waste hierarchy is addressed by the Environment international guide, in respect of ESG are any duties placed on producers, distributers or retailers of products to ensure levels of recycling and / or incorporate a proportionate amount of recycled materials in product construction?
6. Plastics - what laws are in place to deter and punish plastic pollution (e.g. producer responsibility, plastic tax or bans on certain plastic uses)?
7. Equality Diversity and Inclusion (EDI) - what legal obligations are placed on an employer to ensure equality, diversity and inclusion in the workplace?
8. Workplace welfare - the law governing health and safety at work is addressed in the Health and Safety international guide, in respect of ESG are there any legal duties on employers to treat employees fairly and with respect?
9. Living wage - the law governing employment rights is addressed in the Employment and Labour international guide, in respect of ESG is there a legal requirement to pay a wage that is high enough to maintain a normal standard of living?
10. Human rights in the supply chain - in relation to adverse impact on human rights or the environment in the supply chain: a. Are there any statutory duties to perform due diligence; b. Have there been any test cases brought against companies?
11. Responsibility for host communities, environment and indigenous populations - in relation to adverse impact on human rights or the environment in host communities: a. Are there any statutory duties to perform due diligence; b. Have there been any test cases brought against companies?
12. Have the Advertising authorities required any businesses to remove adverts for unsubstantiated sustainability claims?
13. Have the Competition and Markets authorities taken action, fined or prosecuted any businesses for unsubstantiated sustainability claims relating to products or services?
14. Have there been any test cases brought against businesses for unsubstantiated enterprise wide sustainability commitments?
15. Is there a statutory duty on directors to oversee environmental and social impacts?
16. Have there been any test cases brought against directors for presenting misleading information on environmental and social impact?
17. Are financial institutions and large or listed corporates required to report against sustainable investment criteria? 18. Is there a statutory responsibility on businesses to report on managing climate related financial risks?
19. Is there a statutory responsibility on businesses to report on energy consumption?
20. Is there a statutory responsibility on businesses to report on EDI and / or gender pay gaps?

Authors: Toshiyuki Sawai Kochi Hashimoto Akiko Ishida Shunta Doki
Magazine/Book:The Legal 500: Environmental Social and Governance Comparative Guide
Publisher:The Legal 500
Practice: ESG and Sustainability Business and Human Rights Environmental Law
Date of publication: May 11, 2023

Other publications by Toshiyuki Sawai

2024.02.02
Understanding the Basics: Q&A on the Legal Practice on ESG and Sustainability
2023.12.25
Amendments to the Financial Instruments and Exchange Act to Ensure Customer-Oriented Business Management – Significance of the Legalization of Best Interest Priority Obligation and the Realization of the Substantial Provision of Information as well as the Their Impact Thereof on Practice –
2023.04.21
How to Protect Assets in Relation to Digital Salary Payment - With regard to the Publication of Partial Revision of the "Guideline for Administrative Processes (Vol. 3: Financial Companies)" (Draft) (Dated February 17, 2023)
2023.01.17
New Developments in the Public Campaigns for Shareholders Concerning Election and Dismissal of Officers - Considering the Disputes between Fujitec and Oasis
2023.01.13
[Companies Act] Implementation of Human Rights Due Diligence Based on the Government Guideline
2022.11.25
Implementation of Human Rights Due Diligence in Financial Institutions (Volume 2) - In Light of the Government Guidelines and International Trends -
2022.11.14
Implementation of Human Rights Due Diligence in Financial Institutions (Volume 1) - In Light of the Government Guidelines and International Trends -
2022.08.10
Education of Compliance in the Financial Industry Considering Scandals at Major Securities Companies (An Interview Article)
2022.07.25
[Legal] New Trends in ESG and M&A (Oh-Ebashi LPC & Partners)/[2] Points on Sustainability Information Disclosure and the Required Legal Practice
2022.05.25
Ideal System to Secure Product Governance
2022.02.14
6000 Legal Measures for Financial Institutions
2022.02.08
Thinking about How to Carry Out Customer Oriented Business Operation in the Future in Light of Overseas Cases (An Interview Article)
2021.12.27
ESG Proposals and Long-Term Investment as Prerequisites (An Interview Article)
2021.12.01
Acceleration of Climate Change Measures in Japan - Financial Services Agency Considering Mandatory Information Disclosure (A Comment Article)
2021.11.10
Recommendation of ESG Investment to Individual Investors and Customer Oriented Business Operation
2021.08.25
Institutionalization of Globally Competitive ESG and Sustainability Disclosure - In Light of the Publication of the "Report by the Expert Panel on Sustainable Finance" (Dated June 18, 2021) -
2021.07.14
Doing Business In... 2021 Japan  Trends and Developments
2021.07.07
Corporate governance code revisions set to drive Japan’s ESG and sustainability push
2021.06.10
Volume 2 [2021 Revision] Legal Practice on ESG Disclosure in Light of the Corporate Governance Code Revisions Plan
2021.06.02
Volume 1 [2021 Revision] The Principles of Corporate Governance Code regarding ESG and its Legal Practice
2021.05.25
Organizing the Points to Consider When Entering the Financial Services Intermediary Business
2021.03.25
Emergence of a Cashless Society and Compulsory Execution(Volume 2)
2021.03.10
Emergence of a Cashless Society and Compulsory Execution (Volume 1)
2021.02.12
Realization of the Principles of Suitability and Customer Oriented Business Operations -By Referring to Regulations in Europe and the U.S. -
2020.12.21
New Financial Service Intermediary Business License
2020.10.30
Summary of the Principles of Customer Oriented Business Operations and Revision of Supervision Guidelines, and their Impacts on Legal Practice (Second Half)
2020.10.23
Summary of the Principle of Customer Oriented Business Operations and Revision of Supervision Guidelines, and their Impacts on Legal Practice (First Half)
2020.10.01
Financial Instruments and Exchange Act and Crypto-Assets - Sorting out the Regulatory Relationship in the Areas of Overlap with the Payment Services Act
2020.09.14
Legal Regulations on Funds Investing in Cryptocurrencies, and Key Points Thereof
2020.08.01
Emergent Need to Reconsider the Customer Solicitation and Explanation by Financial Business Operators and Customer Oriented Business Operations
2019.08.01
Explanation of "the Act for the Partial Revision of the Payment Services Act to Address the Diversification of Financial Transactions based on Advances in Information Technology" (2)
2019.07.15
Outline of Partial Amendment to the Financial Instruments and Exchange Act - Response to New Transactions and Unfair Acts Using Crypto-Assets -
2018.05.01
Learning about the Amendment to Laws on Obligations through Case Studies
2017.02.28
Practices on Directors and Officers (D&O) Liability Insurance
2014.12.03
Discussion of Practices Concerning the 2014 Amendment of the Companies Act
2014.12.01
Practical Commentary on Revised Companies Act of 2014

MORE

Other publications by Kochi Hashimoto

MORE

Other publications by Akiko Ishida

MORE

Other publications by Shunta Doki

2024.02.02
Understanding the Basics: Q&A on the Legal Practice on ESG and Sustainability
2023.12.25
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.9] Climate Change and Corporate Litigation Risk
2023.05.09
Measures needed by Japanese companies in the face of greenwashing and the anti-ESG movement – Verification of important ESG factors in legal DD during M&A and subsidiary management
2022.12.14
Coordination of offshore wind power projects and the rights of fishery stakeholders
2022.09.26
New Trends in ESG and M&A / Environment and Litigation- Focusing on the rapid increase in Climate Change Litigation around the world
2020.04.01
Legal Practice regarding Contracts in Light of the Amendments to the Law of Obligations
2019.04.30
The Practice and Prospects of Cooperation Process in Japan Criminal Investigations
2019.03.29
Renewable Energy Development: Handling of Non-operating Approved Commercial Photovoltaic Power Generation Projects
2018.03.01
(Selected by Attorneys!) Important Labor Case No. 161: The Case of E, a Medical Corporation (overtime work of an obstetrician)
2018.01.01
(Selected by Attorneys!) Important Labor Case No. 155: The Case of the Harada Gakuen, an Incorporated Educational Institute (validity of an order changing the duties of a personwith visible impairments)
2017.10.01
Criminal Defense Report: A drug smuggling case wherein the decision of the lower court was reversed and an acquittal was obtained in the lay judge trial on remand (co-authored)
2017.07.01
Lay Judge Trial Report – A Case wherein the Conviction was Overturned in a Lay Judge Trial on Remand (co-authored)
2017.07.01
An Analysis of Institutional Investors’ Voting Policies and the Results thereof (co-authored)
2017.04.01
Measures for General Shareholders Meetings based on Institutional Investors’ Trends (co-authored)
2017.02.01
An Analysis of Preparation Samples of Corporate Governance Reports in Compliance with the Corporate Governance Code (2016 Edition) (co-authored)
2016.11.01
2016 Edition: An Analysis of Preparation Samples of Corporate Governance Reports in Compliance with the Corporate Governance Code (Part 2) (co-authored)

MORE

Other publications about Environmental Law

MORE

Other publications about Business and Human Rights

2024.02.02
Understanding the Basics: Q&A on the Legal Practice on ESG and Sustainability
2024.01.12
International Trends in Business and Human Rights and the Responses of Japanese Companies
2023.12.25
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.9] Climate Change and Corporate Litigation Risk
2023.08.25
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.5] Security and Business: Conflict of Nations and Regulation of Certain Companies
2023.06.23
Diversity & Inclusion: LGBTQ+ Status in Japan
2023.06.23
Business and Human Rights in Japan
2023.05.11
The Legal 500 Country Comparative Guides Japan Environmental, Social and Governance
2023.05.09
Measures needed by Japanese companies in the face of greenwashing and the anti-ESG movement – Verification of important ESG factors in legal DD during M&A and subsidiary management
2023.02.28
Impact of the Enactment of the German Act, "Act on Corporate Due Diligence in Supply Chains," on Japanese Companies
2022.11.25
Implementation of Human Rights Due Diligence in Financial Institutions (Volume 2) - In Light of the Government Guidelines and International Trends -
2022.11.18
New Trends in ESG and M&A /[Part 6]Trends in Diversity that are Crucial for Management Strategy -- Key Issues on Labor Environment, D&I and LGBTQ
2022.11.14
Implementation of Human Rights Due Diligence in Financial Institutions (Volume 1) - In Light of the Government Guidelines and International Trends -
2022.09.29
Commentary on the "Guidelines for Respecting Human Rights in Responsible Supply Chains, etc." and its Impact on Corporate Practices
2022.09.26
New Trends in ESG and M&A / Environment and Litigation- Focusing on the rapid increase in Climate Change Litigation around the world
2022.09.08
New Trends in ESG and M&A / the Latest Trends in Business and Human Rights and Practice

MORE

Other publications about ESG and Sustainability

2024.02.02
Understanding the Basics: Q&A on the Legal Practice on ESG and Sustainability
2023.05.11
The Legal 500 Country Comparative Guides Japan Environmental, Social and Governance
2023.05.09
Measures needed by Japanese companies in the face of greenwashing and the anti-ESG movement – Verification of important ESG factors in legal DD during M&A and subsidiary management
2023.02.28
Impact of the Enactment of the German Act, "Act on Corporate Due Diligence in Supply Chains," on Japanese Companies
2023.01.13
[Companies Act] Implementation of Human Rights Due Diligence Based on the Government Guideline
2022.11.25
Implementation of Human Rights Due Diligence in Financial Institutions (Volume 2) - In Light of the Government Guidelines and International Trends -
2022.11.18
New Trends in ESG and M&A /[Part 6]Trends in Diversity that are Crucial for Management Strategy -- Key Issues on Labor Environment, D&I and LGBTQ
2022.11.14
Implementation of Human Rights Due Diligence in Financial Institutions (Volume 1) - In Light of the Government Guidelines and International Trends -
2022.09.29
Commentary on the "Guidelines for Respecting Human Rights in Responsible Supply Chains, etc." and its Impact on Corporate Practices
2022.09.26
New Trends in ESG and M&A / Environment and Litigation- Focusing on the rapid increase in Climate Change Litigation around the world
2022.09.08
New Trends in ESG and M&A / the Latest Trends in Business and Human Rights and Practice
2022.07.25
[Legal] New Trends in ESG and M&A (Oh-Ebashi LPC & Partners)/[2] Points on Sustainability Information Disclosure and the Required Legal Practice
2021.12.27
ESG Proposals and Long-Term Investment as Prerequisites (An Interview Article)
2021.11.10
Recommendation of ESG Investment to Individual Investors and Customer Oriented Business Operation
2021.08.25
Institutionalization of Globally Competitive ESG and Sustainability Disclosure - In Light of the Publication of the "Report by the Expert Panel on Sustainable Finance" (Dated June 18, 2021) -
2021.06.10
Volume 2 [2021 Revision] Legal Practice on ESG Disclosure in Light of the Corporate Governance Code Revisions Plan
2021.06.02
Volume 1 [2021 Revision] The Principles of Corporate Governance Code regarding ESG and its Legal Practice

MORE

Contact us

ページTOPへ