ESG in Business Law and Economic Growth

Course Overview

Course Title: ESG in Business Law and Economic Growth

Relevant SDGs: 3, 6, 8, 13

Credit(s): 2 (32 teaching hours)

Course Description:

The course delves into topics in business law but in a novel context: ESG/SDG, and economic growth, Global concerns about climate change, economic security and the resiliency of critical supply chains, coincide with increasing questioning of the role of publicly traded corporations. This concern manifests itself in calls for corporations to respect the interests of an ever-expanding network of stakeholders. Terms such as SDG or ESG reflect the belief that corporations are in reality, fiduciaries, and are obligated to strive for sustainable profits by jettisoning “short-termism” and taking into account long-term sustainability in the contexts of the environment, social justice and other goals. Accordingly, boardrooms are increasingly facing demand and navigating complex social issues pressures from stakeholders to address an expanding list of challenges far beyond the classical ambit of a corporation’s purpose.  To conclude, in the context of above, the course will discuss obligations of boards, corporation development, economic growth and other issues.

Academic Team

PI:

  • Shen Wei, Professor, Law School, shenwei@sjtu.edu.cn

Collaborators:

  • Joel Slawotsky; Professor; Reichman University; jslawotsky@runi.ac.il

What skills will students get?

  1.  Identify the various corporate governance and board structure (one-tier, two tier) models;   
  2. Discuss and debate the role of publicly traded corporations and changing expectations;
  3. Summarize the corporate director duty of oversight in China and the United States;
  4. Review the new enhanced obligations of directors in the U.S. as it relates to ESG;
  5. Analyze and debate the advantages and disadvantages of the enhanced obligations of directors as it relates to ESG;

Mode of Teaching

Lecture and Discussion

Grading

  1. Attendance: 20%;
  2. Final program essay: 80%

Course-specific Restrictions

None.

Class Schedule

Week

Date

(DD/MM)

Week Day

Time (UTC+8)

Topic

Credit hours

Teaching mode

(Lecture/Tutorial/Discussion)

Instructor in charge

1

 

 

 

24/06

 

 

Monday

13:00-16:30

 

General introduction/CG and ESG/SDG/Economic Growth

 

4

Lecturing/discussion

 

Shen Wei

 

2

25/06

Tuesday

13:00-16:30

 

The Modern Corporation: Purposes and ESG/SDG

4

Lecturing/discussion

 

Joel Slawotsky

 

3

26/06

Wednesday

13:00-16:30

 

Comparing the Structure of Corporate  Boards in the Context of ESG/SDG

4

Lecturing/discussion

Joel Slawotsky

 

4

27/06

Thursday

13:00-16:30

 

Fiduciary Duties: Director Obligation of Oversight

4

Lecturing/discussion

Joel Slawotsky

 

5

28/06

Friday

13:00-16:30

 

The New Enhanced Duty of Oversight in Delaware:“Mission Critical”and What it Means for ESG/SDG

 

4

Lecturing/discussion

Joel Slawotsky

 

6

01/07

Monday

13:00-16:30

 

Risks of Overly-expanding Enhanced Oversight Obligations into ESG/SDG

4

Lecturing/discussion

Joel Slawotsky

 

7

02/07

Tuesday

13:00-16:30

 

Impacts of Global Economic Competition on the Duty of Oversight in the Context of ESG/SDG

4

Lecturing/discussion

Joel Slawotsky

8

03/07

Wednesday

13:00-16:30

 

WTO/ESG;

 

Investment Law and ESG

 

4

Lecturing/discussion

Joel Slawotsky

Total

32

 

Instructors

Shen Wei
Shen Wei is KoGuan Distinguished Professor of Law, Shanghai Jiao Tong University Law School; PhD (London School of Economics and Political Science), LLM (University of Cambridge), LLM (University of Michigan), LLM & LLB (East China University of Political Science and Law); Attorney-at-Law, New York.  
Professor Shen is now teaching international investment law, international financial regulation, company law, international economic law and contract law in the law school. Professor Shen’s current research interests include international investment law, corporate governance, financial regulation, and international commercial arbitration. Professor Shen also contributed to 42 books (38 in English and 5 in Chinese) and authored (or co-authored) over 260 articles in English and Chinese law journals. His article was cited by the Supreme Court of Singapore in its judgment, and his expert opinion was accepted and applied by the Hong Kong High Court and the Supreme Court of the State of New York in various cases.
Joel Slawotsky
Joel teaches and focuses on corporate and international economic law. Joel has published over 50 journal articles and book chapters. Publication venues include the Asia Pacific Law Review (SSCI); Chinese Journal of International Law (SSCI); Journal of World Trade (SSCI); Hong Kong Law Journal (SSCI); Chinese Journal of Comparative Law (ESCI); Georgetown Journal of International Law; Capital Markets Law Journal (ESCI); Tsinghua China Law Review (ESCI); Fordham International Law Journal; Duke Journal of Comparative and International Law; Virginia Journal of International Law; Virginia Law and Business Review; Review of Banking and Financial Law; Qatar University Law Journal; Delaware Journal of Corporate Law and the U.Penn. Business Law Journal. 

Course Contact

Shen Wei: shenwei@sjtu.edu.cn