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Unit of study_
LAWS6363: International Sustainable Finance
2024 unit information
The challenge of a generation. Is sustainable finance the answer to climate change, poverty and inequality? The purpose of this unit is twofold. First, to immerse students in sustainable finance in international regulation and practice, from micro-finance to green bonds, from renewable energy to sustainability-linked lending and refugee financing. Second, to explore the legal means through which financial market actors and their advisors can be pressured and held accountable, for instance from (individual and mass) litigation, complaints and other means. Across the key legal concepts, structural features and legal challenges in detail. The unit is highly practical and engaging. We mimic term sheet negotiations and road show presentations, developing the skills to assess, prioritise, challenge and negotiate these transactions. The unit coordinator draws on his own experience in global sustainable finance, and invites experts from both law firms and financial institutions as well as NGOs, to help you become a 'sustainable' lawyer. Principal topics include: The Sustainable Development Goals, the evolving regulatory framework of sustainable finance, and implementation by banks, development institutions, funds and corporates in international practice; Understanding the structural features of sustainable lending, including sustainability-linked loans (SLLs) as well as inclusive finance, along with the relevant principles and contentious issues in negotiation; Thoroughly analysing and comparing the green, blue, orange, social and sustainable bond structures and terms, including social impact bonds, bond linked to sustainable performance, as well as their challenges in practice; The implementation of impact investing in fund management and private equity, in day-to-day practice, and any fiduciary duties that may be owed to investors; Explore the interaction of sustainable and development finance, for instance through partial portfolio guarantees for SME lending, drought risk transfer and microfinance; The litigation challenges in sustainable finance for both investors, issuers and 'green' rating agencies, for instance the risk of mis-selling 'green' products, and how to address this and other risks in documentation as well as through strategic means; and Analysing the litigation strategies and opportunities for NGOs and hedge funds alike, as well as individuals to hold financial market participants to account, with the aid of real-life case studies. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html
Unit details and rules
Managing faculty or University school:
Sydney Law School
| Study level | Postgraduate |
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| Academic unit | Law |
| Credit points | 6 |
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Prerequisites:
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None |
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Corequisites:
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None |
| Prohibitions:
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None |
| Assumed knowledge:
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Students who do not hold a law degree must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before enrolling into this unit |
At the completion of this unit, you should be able to:
- LO1. employ advanced legal research and legal writing skills to formulate a coherent and persuasive argument
- LO2. demonstrate a detailed understanding of the financial instruments used to further Sustainable Development Goals (SDGs) in theory and legal practice
- LO3. apply key legal concepts from sustainable finance across international lending, derivatives, debt capital markets, project finance, private equity and funds investment
- LO4. critically analyse and assess sustainable finance transactions – know what to look for, prioritise, assess the (hard and soft) legal risks, and how to mitigate these risks
- LO5. demonstrate a thorough understanding of the regulatory framework underpinning international sustainable finance for market participants, and the legal, litigation and reputational risk for front-runners and laggards in the market
- LO6. employ high-level communication skills in negotiation and presentation tasks for application in practice
- LO7. demonstrate a thorough understanding of how the law can be used to hold market participants to account in the transition towards a more sustainable economy
Unit availability
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Modes of attendance (MoA)
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Important enrolment information
Departmental permission requirements
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