ESG in Evolution: the legal imperatives of tomorrow
26 Mar - 27 Mar 2026
Session information
Lunch and panel - The metamorphosis: soft law into hard law and the impact on ESG
Friday 27 March (1215 - 1315)
Description
Lawyers are often dismissive of “soft law” and focus on “hard law” when advising clients. Certain jurisdictions treat the lawyer as “advisor” or “officer of the court” or use other terms to caution lawyers to include considerations beyond “hard law” when providing legal advice. The line, though, is often not so clear cut. Certainly “soft law” instruments, whether international or domestic, become hard law when codified, issued in legal opinions, or otherwise incorporated into contracts. On the other hand, “soft law” may become part of the backdrop for hard law, and lead to unanticipated results, such as a court adopted “soft law” considerations as policy that informs a legal decision. The panel will focus on how “soft law” is finding increasing relevance and importance, including in areas generally falling within the contours of what are considered ESG issues.
Session / Workshop Chair(s)
| Steven Richman | American Bar Association, Washington, District of Columbia, USA; Chair, Bar Issues Commission |
Speakers
| Matthew Baird | College of Law, Sydney, New South Wales, Australia |
| Sara Carnegie | International Bar Association, London, England; Council Member, IBA Diversity & Inclusion Council |
| Thierry Gontard | Conseil National des Barreaux, Paris, France |
| Martijn Scheltema | Pels Rijcken, The Hague, Netherlands |