ESG Principles in International Business and Sustainable Contracts

Abstract

The concept of sustainable development has captured the world. It is altering society, generating new social patterns, reorganizing business and management models, testifying to the ultimate connectedness of the world and, as a result, encourages rethinking the legal superstructure, adapting supernova normative arrays to the current legal taxonomy, which is not always possible with taking into account the positivist approach to law. ESG principles have today become a kind of model for sustainable business development, due to which the goals of companies’ involvement in solving environmental, social and management problems are achieved. They have not only a vector effect, but also a regulatory, reputational; they have also an increasing impact on international business in a variety of industries. In addition, they are updating relatively new rating mechanisms that form the basis of investment, financial, credit, trade, corporate, management and other policies of companies. At the same time, ESG principles are segmented, fragmented and, as a rule, objectified externally in the form of norms of nonstate, often industry regulation. Without legally binding force, ESG principles are quite comparable with law in terms of the degree of impact on public relations and in terms of the resulting legal and economic consequences. Cross-border contracting practices are also changing, leading to the incorporation of “sustainability” clauses into contracts, as well as the emergence of the concept of a sustainable contract. The pre-contractual stage becomes more complicated, it requires human due diligence procedures, the formation and assessment of supply chains, the development of strategies for the disclosure of non-financial information, the study of legal risks taking into account the global law enforcement practice, as well as the establishment of methods and a jurisdictional forum for the resolution of disputes. International Commercial Arbitration claims to be attractive in resolving ESG disputes. These and other issues, taking into account their relevance, are studied in this paper.