FATTORI AMBIENTALI, SOCIALI, DI GOVERNANCE E DIRITTO SOCIETARIO: UN'ANALISI COMPARATIVA

In the European Union, England, and Switzerland, their corporate governance understanding and its implications for disclosure of ESG is woefully weak. Because enterprises have limited defense for shareholders who are minority, have a low orientation of stakeholder, and are typically family-owned, the European Union, United Kingdom, and Switzerland present a distinctive setting to understand better how ESG law and corporate governance interrelate. Thus, this study explains the comparative analysis of Environmental, Social, and Governance elements on Corporate Law in the European Union, United Kingdom and Switzerland. The study found that while worldwide ESG litigation has occurred in several years, the increased attention on “sustainable development” has likely resulted in increased proactive action and litigation by shareholders against firms. Shareholders may be increasingly willing to question ESG compliance as requirements become more formalized and consolidated, especially if there is a gap between actual action and disclosures. Differences between actions and statements will become more apparent, potentially leading to legal challenges outside of boardrooms and public meetings. As a result, firms' mitigation and defense strategies are becoming increasingly crucial, as ESG lawsuit risk is associated with often reputational harm, expense, and time. Consequently, litigation of governance-based is probable to remain ESG-related litigation’s dominant driver in the UK, as it is the most likely to result in observable and quantifiable damages, allowing for the most profitable litigation to be pursued.