Your ESG Journey

All organisations, whether small or large, will sooner or later be confronted with environmental, social and governance (ESG) matters. Due to the enormous amount of EU and local ESG legislation, litigation and public scrutiny, organisations are increasingly seeking for ways to manage their ESG footprint, which can be a major challenge.
 
Embedding new legislation will have a profound impact on the business model and strategy of your organisation, your sustainability targets and the progress you are making to achieve your ESG targets for 2030, 2040 and 2050. ESG will also have a major impact on your internal policies and due diligence processes throughout the value chain and on the public disclosures you are making. 

Why Green Swans

Green swans, sometimes known as climate black swans, share many characteristics with black swans. Black swan events refer to a metaphor used to characterise events that are unexpected, have a significant impact, and are frequently incorrectly justified in retrospect. The phrase originated from an old Roman proverb that expressed the European belief that black swans were extinct until Dutch explorers discovered them in Australia in 1697. The phrase was later reinterpreted to refer to an unexpected and significant event. Taleb recognised in 2007, before the financial crisis of 2008, that the really big risks reside in incidents. His black swan theory recognises the unspotted risks that nobody thought possible before because everyone had similar expectations and used a rational reference model. The problem with using solely quantitative methods is that they assume probabilities. The real tail risks reside in incidents that no one had yet thought possible and are overlooked.
 
Green swans are a metaphor for climate-related risks that characterise both physical, transition and litigation risks. Their likelihood of occurrence is not reflected in historical data, and it is impossible to rule out the potential of extreme values as recognised by the Bank for International Settlements in 2020 and by Elkington in 2021.


How To Manage Your Green Swans Risks

If you seriously consider to adequately manage your green swans risks and you are confronted with a tsunami of emerging (EU) Regulations sound contract management, due diligence and mitigating litigation risks is key. These essential risk management techniques help you:
  • > to comply with regulatory requirements
  • > to create opportunities for your organisation
  • > to mitigate reputation loss and fines
  • > to mitigate financial loss
  • > to mitigate litigation risks





KEEPING YOUR LEGAL RISK FRAMEWORK UP TO DATE CAN BE A MAJOR CHALLENGE.
WE CAN HELP YOU WITH YOUR:

Due Diligence

Contracts

Communication

Legal Risk Framework

We help organisations to comply with applicable rules and regulations and to organise and manage ESG Contract Risks. In doing so, it is important to truly understand your business in order to analyse the impact of ESG regulations on your organisation. There is no one fit for all solution. Various factors such as your industry, scale, locations of operating, your business strategy and business priority will play an important role therein.

We can help you to identify the ways to strengthen the organisation’s ESG standing, to prioritise and to establish a strategy for renegotiating your contracts. We can also help you with preparing ESG policies and procedures, drafting tailor made ESG clauses and KPI’s for your various contracts, contract negotiating and help you monitor and evaluate your contractual obligations, so that you are able to meet your ESG Contract Objectives and to reduce your ESG Contract Risk.

Our Services entail:

  • > Legal Advice
  • > Business Management Consultancy
  • > Training and Instruction
  • > Regulatory Change
  • > Governance Issues
  • > Transition Plans
  • > Change Management
  • > Due Diligence
  • > Risk Management


GREEN SWANS is a label of
Keijzer & Cie advocaten
Apollolaan 151
1077 AR Amsterdam
The Netherlands
Tel: +31 (0)20 6700 895

For further information and the conditions of our services, please see www.kencie.com


ESG Cycle

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More information on how we can help?
Please feel free to contact us.




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