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Can investors save the planet? NZAMI and fiduciary duty

投資家は地球を救えるか?NZAMIと受託者責任 (AI 翻訳)

Tom Gosling, Iain MacNeil

Capital Markets Law Journal📚 査読済 / ジャーナル2023-02-22#気候金融Origin: Global経営インパクト: 資金調達対象セクター: finance
DOI: 10.1093/cmlj/kmad002
原典: https://doi.org/10.1093/cmlj/kmad002
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🤖 gxceed AI 要約

日本語

本論文は、ネットゼロ資産運用イニシアチブ(NZAMI)の署名者が1.5°C目標に沿った投資を行う際の受託者責任との整合性を検討する。ポートフォリオ脱炭素化、傾斜、能動的オーナーシップ、ESG統合、インパクト投資などの戦略を評価し、実世界での排出削減効果が高い戦略ほど受託者責任上の懸念が生じやすいと指摘。多くの運用者がクライアントの明示的な委任がない限り、これらの戦略を採用しない可能性が高く、結果として気候変動対策への実質的貢献が損なわれると論じる。

English

This paper examines the fiduciary duty implications for asset managers committed to the Net Zero Asset Manager Initiative (NZAMI) and investing in line with the 1.5°C goal. It evaluates strategies like portfolio decarbonization, tilting, active ownership, ESG integration, and impact investing, finding that strategies with higher real-world emissions reduction potential are more likely to raise fiduciary concerns. Consequently, asset managers may avoid these strategies without explicit client mandates, undermining the initiative's climate impact. The paper suggests reframing commitments to more realistic climate scenarios.

Unofficial AI-generated summary based on the public title and abstract. Not an official translation.

📝 gxceed 編集解説 — Why this matters

日本のGX文脈において

日本では、GPIFや大手運用機関がネットゼロ宣言を行う中、受託者責任と気候変動対応の両立が課題。本論文は、SSBJ開示やスチュワードシップ活動の実務において、投資戦略の選択が法的リスクを伴う可能性を示唆し、日本の運用機関が明確な委任を得る重要性を強調する。

In the global GX context

Globally, this paper contributes to the debate on transition finance and fiduciary duty, relevant to ISSB and SEC climate disclosure rules. It highlights the tension between net-zero commitments and legal obligations, urging asset managers to align strategies with realistic scenarios and obtain client mandates. This is crucial for the credibility of GFANZ and similar initiatives.

👥 読者別の含意

🔬研究者:Provides a framework for analyzing the efficacy and fiduciary risks of net-zero investment strategies.

🏢実務担当者:Guidance on aligning net-zero commitments with fiduciary duties and client mandates.

🏛政策担当者:Insights into the limitations of voluntary initiatives and the need for regulatory clarity.

📄 Abstract(原文)

Key points Asset manager signatories of the Net Zero Asset Manager Initiative, part of the Glasgow Financial Alliance for Net Zero, have committed to investing in line with the Race to Zero goal of limiting global warming to 1.5°C with limited or no overshoot. Given that a recent report from United Nations Environment Programme says that there is ‘no credible pathway’ in place to 1.5°C, we explore the implications for asset managers, as fiduciaries, of investing in line with a climate scenario that might now be considered an unlikely future outcome. We assess common ‘net zero aligned’ investment strategies such as portfolio decarbonization, tilting, active ownership, ESG integration and impact investing by reference to considerations of fiduciary duty and real-world efficacy at combatting climate change. We find that the more likely a strategy is to deliver real-world change in carbon emissions in line with the 1.5°C goal, the more likely it is to give rise to fiduciary concerns. Although these fiduciary concerns are unlikely in most cases to give rise to enforceable legal liability, it is likely that many asset managers, when applying an expected standard of fiduciary duty, will conclude that such strategies are not consistent with that duty in the absence of an explicit authorizing mandate from clients. As a result, the strategies most likely to be adopted are also the least likely to contribute meaningfully to addressing climate change. We set out ways in which the commitments could be reframed so as to maximize real-world impact of the initiative in the fight against climate change while avoiding conflicts with the fiduciary duties of signatories. Key to this is aligning commitments to a more realistic climate scenario than 1.5°C with limited or no overshoot. The battle against climate change is widely recognized as being amongst the most important challenges facing society. All of us are being asked to play our part, and that includes business and the financial sector. In a show of dedication to the cause, a group of banks, asset owners, asset managers and insurers famously came together at COP26, convened by Mark Carney, to announce the formation of the Glasgow Financial Alliance for Net Zero (GFANZ). The boldness of the claim made at its launch was striking:1 Today, through the Glasgow Financial Alliance for Net Zero (GFANZ), over $130 trillion of private capital is committed to transforming the economy for net zero. These commitments, from over 450 firms across 45 countries, can deliver the estimated $100 trillion of finance needed for net zero over the next three decades. 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