Princípios ESG: soft law e a governança ambiental e social no Direito internacional contemporâneo

Abstract

ESG principles refer to environmental, social and governance elements in the corporate universe. They, therefore, consist of pillars referring to environmental factors such as climate change and pollution, referring to social elements such as diversity andlabor and governance practices relating to corporate structure practices and ethics. In the field of private initiative, there are factors that seek to provide other parameters for evaluating the reputation of companies and their social commitments. However, these are soft commitments whose violation will not necessarily be based on cogent regulations, which demonstrates how soft law is today related to important indicators of governance and publicprivate relations. In this way, this article seeks to demonstrate, with practical examples, how such principles are increasingly on the agenda of companies from the most different sectors and how they can be allies in achieving important goals at the international level of States. Because they have the characteristics of being malleable instruments, such principles can be easily rediscussed and readdressed, which facilitates their establishment and adherence, becoming sophisticated instruments of contemporary global governance.