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Edited by Fabrizio Cafaggi and Stephanie Law

Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.
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Fabrizio Cafaggi and Stephanie Law

Introductory remarks 1. Judicial dialogue in European private law: introductory remarks Fabrizio Cafaggi and Stephanie Law OVERVIEW OF THE TEXT This text contributes to the ongoing debates surrounding the development of European private law (EPL), paying particular attention to European consumer law. It is oft said that EPL in general, and especially as it relates to consumer protection, is in a constant state of flux. It is currently undergoing substantive, procedural and institutional transformations, which shape its scope, content and formation

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Hung-Gay Fung, Sheryl A. Law and Jot Lau

Socially Responsible Investment in a Global Environment To our loved ones To Linda Zou (wife), Anna Fung (daughter), my brothers and sister Hung-Gay Fung To my parents, and my sister. A special thank you to all my teachers over the years. Sheryl A. Law To Marie Jot Yau Socially Responsible Investment in a Global Environment Hung-Gay Fung University of Missouri–St Louis, USA Sheryl A. Law Peregreen Group LLC, USA and Jot Yau Seattle University, USA Edward Elgar Cheltenham, UK • Northampton, MA, USA

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Hung-Gay Fung, Sheryl A. Law and Jot Lau

finance studies and international finance, Fung has organized many international conferences and symposiums. He received his PhD in finance from Georgia State University in 1984 and BBA in finance from the Chinese University of Hong Kong in 1978. Sheryl A. Law is the Founder of Peregreen Group, a research and analytics firm specializing in socially responsible investing. She has worked in environmental research at universities and government institutions, and spent many years as an environmental science consultant. Law has published several papers in scientific journals

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Hung-Gay Fung, Sheryl A. Law and Jot Lau

considerations for investment. In the US, UK, Australia, and Canada, common laws are used for decisions in courts, implying that some rules are flexible and can be subject to re-interpretation over time. Civil law in European countries (for example, France, Spain, Italy) and many Asian countries (for example, China, Korea, and Japan) have code or statute-based rules that are not generally interpreted by reference (see UNEP FI 2005). Under the common law regime, SRI managers are required to perform their fiduciary duties, which are to act prudently and to act in accordance with

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Hung-Gay Fung, Sheryl A. Law and Jot Lau

corporate managers allocate the firm’s finite resources (for example, financial, material, and human) to achieve the goal of maximizing profit, to the extent allowable by governing laws and company mandates. In striving for this goal, other stakeholders’ interests are included in the decision-making process. While the statutory authority of the board is relatively broad, empirical evidence indicates that boards play a significant role in only a few corporate decisions (see Hermalin and Weisbach 2003). The most common are those decisions pertaining to the selection

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Hung-Gay Fung, Sheryl A. Law and Jot Lau

Socially responsible investment (SRI) is becoming increasingly popular and can be potentially rewarding to all parties concerned. This book discusses the opportunities, challenges, and practices of SRI in a global financial environment in a consistent and integrated framework of risk management. It also covers a wide variety of environmental, social, and corporate governance (ESG) issues related to various participants, such as values-based retail, institutional investors, corporations, banks, supranational agencies, and non-governmental organizations.
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Hung-Gay Fung, Sheryl A. Law and Jot Lau

-in-class; 2) Integration; 3) Engagement; 4) Proxy voting; 5) Pioneer/thematic screening c Negative Screening Approaches: 6) Simple d Criteria: a) social (human+labor) a1) Labor, a2) Human rights, b) environmental, c) ethical, d) religious, e1) alcohol, e2) tobacco, e3) gambling, e4) non-weaponry, f) sustainable development Sources: Ali 2006; Baue 2004; Carpenter 2004; Desmadryl 2007; EIA 2007; Eurosif 2008; Law and Yau 2008; SIO 2007; White 2005; Whitten 2004; Stewart 2006. inclusions in the portfolio, such as mutual funds, but in some cases, such as private equity

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Hung-Gay Fung, Sheryl A. Law and Jot Lau

Sudan.7 Despite their recent appearance in the market with varying degrees of success, ETFs promise to be a dynamic catalyst for SRI growth in the future (see SIF 2008). Faith-based ETFs Faith-based ETFs include Baptist, Roman Catholic, Lutheran, Methodist funds, and even a ‘Christian’ option, tailored to nondenominational evangelicals. There are also ETFs designed to reflect Shariah or Islamic law. Islamic funds Funds that are tailored to abide by Islamic law have grown to over 350 funds and have reached $20 billion in assets under management.8 Islamic or Shariah law

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Hung-Gay Fung, Sheryl A. Law and Jot Lau

religions (see Lane 2005). Since ancient times, Jewish laws have had investing directives based on their values. The Quakers (members of the Religious Society of Friends), based on their beliefs in human equality, social justice, and non-violence, have practiced SRI since the 17th century. As a result, Quakers divested their money from 90 Social, ethical, and religious issues 91 companies that profited from slavery. Many within the SRI movement credit the Quakers for being the first to integrate their religious ideals into their investing style. In the 1920s, the