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Record W2558316682

Fossil Fuels Divestment: Is It Lawful?

2016· article· en· W2558316682 on OpenAlexaboutno aff
Benjamin J. Richardson

Bibliographic record

VenueeCite Digital Repository (University of Tasmania) · 2016
Typearticle
Languageen
FieldEnergy
TopicGlobal Energy and Sustainability Research
Canadian institutionsnot available
Fundersnot available
KeywordsDivestmentContext (archaeology)BusinessFossil fuelFinancial institutionPrinciple of legalityFinanceEconomicsLawPolitical scienceEngineeringGeography
DOInot available

Abstract

fetched live from OpenAlex

<p>An ebullient global campaign against investment in fossil fuel industries isattracting a diverse entourage that includes community activists, universities andeven some mainstream financial institutions. The movement is coagulatingaround anti-fossil fuel networks, such as 350.orgs Fossil Free, and the FossilFuel Divestment Student Network as well as numerous local hubs of activismsuch as Divest Harvard and Fossil Free UNSW. Frustrated by governmentprevarication, the campaign avows to curb greenhouse gas emissions bypressuring investors to shun fossil fuel industries such as oil firms and coalminers in the hope that they adopt more environmentally benign practices or goout of business altogether. Divestment conventionally means withdrawingfinancial ties from a company, usually by selling stocks or bonds, but mayextend to other financial sanctions such as a bank declining a loan.</p><p>The foregoing campaign is opposed by many financiers, and governmentstoo, for reasons that include the belief that divesting is financially irresponsible,it cannot leverage positive change and that it is unlawful or legally dubious. TheBritish government in February 2016 warned municipal councils against fossil fuels divestment and threatened to financially punish those who defy it. Anumber of United States universities, which have faced concerted pressure fromstudents to divest, have similarly resisted for the foregoing reasons. The legalcontext is ambiguous, partly because of the paucity of case law or legislativeguidance on whether and how climate change risks and impacts can be criteria infinancial decision-making. Legal opinions tend to be couched with manyqualifications, such as one given to the Interfaith Center on Corporate SocialResponsibility the leading faith-based investor network in the United States that the law likely preclude[s] a fiduciary from eliminating the entire [fossil fuel]industry [from its portfolio] without considering each investment [that would beaffected] on a case-by-case basis.</p><p>This article assesses the legality of fossil fuels divesting. Divesting is a formof socially responsible investing (SRI), and therefore the analysis draws onunderstandings of SRIs legal context. The article focuses on the majorAnglophile jurisdictions because they are either globally preeminent financialmarkets (United States (US) and United Kingdom (UK)) or host large fossilfuel sectors such as oil sands (Canada) and coal mining (Australia). Thediscussion is not directly applicable to civil law systems, such as Germany orJapan, where some different legal doctrines and procedures govern investing.Neither the merits of fossil fuel investing nor its impact on corporate behaviourare assessed: the focus is strictly on understanding the legal scope to practisefossil fuels divestment.</p>

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.858
Threshold uncertainty score0.653

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.014
GPT teacher head0.212
Teacher spread0.199 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2016
Admission routes1
Has abstractyes

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