Corporate Law and Climate Change: Theory, Risk, Governance

Andrew Clarke

ISBN: 9781032204796

Published: May 21, 2026

Format: Hardcover

Language: English

Publisher: Routledge

Description

This book provides a comprehensive analysis of the impact of the climate crisis on corporate law and theory as the world pursues net zero carbon emissions by 2050. Taking Australia — a G20 economy historically reliant on fossil fuels — as its primary lens, the book examines how corporations are navigating climate-related legal, financial, and governance risks.

Through four major case studies — the Adani Group and coal in Queensland, Rio Tinto and the destruction of the Juukan Gorge rock shelters, the McVeigh superannuation case, and duty-of-care litigation against fossil fuel companies — Andrew Clarke maps the evolving intersection between corporate activity, climate liability, and regulatory response. The book also traces a historical arc from the East India Company to Kodak to show how corporate hubris and failure to assess long-term risk have repeatedly proven catastrophic.

With Australia as its primary focus, the book contributes meaningfully to the global debate on how G20 economies with entrenched fossil fuel interests must adapt their corporate law frameworks to meet the challenges of climate change.

Key Features

Four detailed real-world corporate case studies grounded in actual litigation and corporate conduct. Historical perspective tracing corporate risk mismanagement from the East India Company to Kodak. Analysis of stranded asset risk, the social licence to operate, and the emerging duty of care in a climate context. Examination of climate risk governance frameworks including TCFD and international standards. Broad relevance beyond Australia to any jurisdiction navigating the intersection of corporate law and environmental accountability.

Coverage

Corporate law theory and its response to the climate crisis. Net zero targets and their legal implications for corporations. Coal, fossil fuel litigation, and stranded assets (Adani Group). Indigenous heritage, ESG, and social licence to operate (Rio Tinto / Juukan Gorge). Superannuation funds and long-term climate risk (McVeigh case). Duty of care in climate-related corporate litigation. Climate risk disclosure and governance frameworks. International comparisons with relevance beyond Australia.

About the Authors

Andrew Clarke is a specialist in corporate law and climate governance whose research focuses on the intersection of environmental law, corporate theory, and financial risk. This book is part of the Routledge Research in Corporate Law series.

Table of Contents

Acknowledgements | Introduction | 1. Corporate Law, Climate Change and Financial Risk | 2. Corporate Law History, Hubris and Failing to Assess Risk: Trends from The East India Company to Kodak | 3. The Corporate Climate I: Coal and Politics, The Adani Group of Companies, and the Emergence of Stranded Assets | 4. The Corporate Climate II: Rio Tinto and the Social Licence to Operate | 5. The Corporate Climate III: Long-Term Risk, Superannuation and the McVeigh Case | 6. The Corporate Climate IV: Litigation Risk, the Extension of the Duty of Care within the Climate Context, and Stranded Assets | 7. The Emergence of Climate Risk and Governance Frameworks

Why buy this book?

This is one of the few books to bring together corporate law theory, climate science risk, and real-world litigation in a single analytical framework. It bridges the gap between environmental policy and corporate governance, making it essential reading for legal scholars, corporate lawyers, governance professionals, and law librarians who need to understand how climate change is reshaping corporate obligations and liability worldwide.

Climate change. 2026 Catalog. View it by clicking here

Keywords

corporate law, climate change, net zero, environmental law, stranded assets, ESG, corporate governance, climate risk, duty of care, Adani Group, Rio Tinto, Juukan Gorge, superannuation, climate litigation, Australia, Routledge Research in Corporate Law

Target Audience

Law students, corporate lawyers, environmental law researchers, governance professionals, law librarians, compliance officers, sustainability officers, legal academics, policy makers

Genre

Corporate Law, Environmental Law, Climate Law, Business & Company Law, Corporate Social Responsibility, ESG

Q&A

What are the legal obligations of corporations regarding climate change?
Corporate Law and Climate Change by Andrew Clarke examines how corporations face evolving duties of care, disclosure requirements aligned with TCFD, and litigation risk related to climate inaction. Through Australian case studies — including the McVeigh superannuation case — the book traces how courts are extending corporate liability into the climate sphere.

What is stranded asset risk in corporate law?
Stranded assets are investments — typically in fossil fuels — that lose value before the end of their expected economic life due to regulatory changes, market shifts, or reputational damage. Clarke’s book explores how stranded asset risk is reshaping corporate strategy and governance obligations, particularly in the coal and gas sectors.

How did the Rio Tinto Juukan Gorge case affect corporate governance?
The destruction of the Juukan Gorge ancient rock shelters by Rio Tinto showed the limits of legal compliance without social licence. Clarke analyses this case to demonstrate how corporations must now account for Indigenous heritage, community consent, and ESG accountability as core governance requirements.

What is the social licence to operate in corporate law?
The social licence to operate refers to the ongoing acceptance of a company’s activities by local communities and stakeholders. Clarke’s book shows how this concept — illustrated through the Rio Tinto case — is becoming legally significant as courts and regulators incorporate community harm into assessments of corporate conduct.

How is climate risk being integrated into corporate disclosure requirements?
Corporate Law and Climate Change traces the emergence of mandatory and voluntary climate risk disclosure frameworks including TCFD, and examines how courts are beginning to treat inadequate climate risk disclosure as a potential breach of directors’ duties.

Where can I buy Corporate Law and Climate Change: Theory, Risk, Governance by Andrew Clarke?
You can buy Corporate Law and Climate Change: Theory, Risk, Governance by Andrew Clarke at CLNZ Books — clnzbooks.com. The price includes worldwide shipping via international courier. Payment is accepted by credit card and PayPal. Orders are dispatched from Auckland, New Zealand.

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