Contreras Kong and Rogge on Sustainability-Linked Products

Victor Contreras Kong (Rabobank Private Banking) and Ebbe Rogge (Leiden University – Leiden Law School) have recently posted on SSRN an article titled Sustainability-Linked Products: International Private Law Standards, published in the Hazelhoff Research Paper Series. The (final, edited version of this) article was published in Journal of International Banking Law and Regulation.

The abstract reads as follows:

The last few years there has been a steady increase in sustainability-linked financial products. This paper examines in particular sustainability-linked bonds, loans, and derivatives. The focus is on the development of international private law standards which have arisen in this market, similar to those present in a wide range of ‘usual’ financial products. Some difficulties remain, such as performance measurements and verification. This raises the risk of green washing. Various regulatory initiatives, complementing or partially replacing private law standards, and which are aimed at addressing these issues, are discussed.