ESG in APAC

Jurisdictional overview on ESG reporting, transition planning and greenwashing

Welcome to the third edition of our ESG in APAC publication. This publication helps businesses unpack the ESG regulatory landscape in 16 APAC jurisdictions in relation to three key themes:

  • ESG reporting requirements – Investors, financiers and others have been demanding better quality and comparable ESG disclosures from companies for their capital allocation, risk assessment and own reporting obligations. We explore the extent to which APAC jurisdictions are mandating and enhancing ESG reporting requirements to address this demand, including the extent of convergence around the reporting standards[1] issued by the International Sustainability Standards Board two years ago.
  • Transition planningWe delve into the extent to which there are regulatory requirements or incentives in place for corporates to transition towards net zero and circularity. Regulatory tools may include (amongst others) emissions trading schemes, carbon taxes and extended producer responsibility schemes (each anchored by the “polluter pays” principle), as well as reporting requirements on environmental targets and transition plans, with the enhanced transparency creating more pressure for companies to develop credible transition strategies. 
  • Greenwashing risks – As requirements on ESG reporting and transition planning generally harden, the risks of being accused of greenwashing may correspondingly increase. We explore the extent to which this has translated into any material litigation or regulatory action in APAC and the grounds for such action.

This publication is a collaboration between Slaughter and May and leading independent law firms in APAC. As the first British law firm to open an office in Hong Kong in 1974, Slaughter and May has a long-standing presence in APAC. For half a century, we have acted for our local and international clients on all elements of their APAC matters. We have developed close working relationships with leading independent law firms throughout APAC in order to deliver seamless first-class legal services in many cross-border matters.

Please keep scrolling down to explore overall trends and observations across APAC for each key theme, along with further detailed information on the 16 APAC jurisdictions covered in this publication.

Lisa Chung
Partner, Slaughter and May

 

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[1] IFRS S1 General Requirements for Disclosure of Sustainability-related Financial Information and IFRS S2 Climate-related Disclosures, issued in June 2023.

YEAR IN REVIEW ACROSS APAC

(1 June 2024 to 30 June 2025)

  • ESG progression not backlash – despite the ESG rollback in the US and the EU[2] and financial institutions exiting net zero alliances, APAC jurisdictions have generally made steady progress on enhancing their sustainability regulatory frameworks. Developments have tended to be pragmatic and gradual, driven by the region’s exposure to ESG risks as well as the economic opportunities created by the transition.  
  • Enhancing corporate sustainability reporting remains a common theme across most of the jurisdictions, in particular through harmonising with the international reporting framework developed by the ISSB, with more enhancements expected across much of the region. Comparable and decision-useful sustainability reporting is regarded as an important part of bringing sustainable and transition financing to a region whose transition will require, by some estimates, US$66 trillion during 2020 to 2050.
  • Increasing regulation for a net zero transition – carbon pricing tools (in the form of mandatory ETS and/or carbon taxes primarily targeting high-emitting sectors) are in place or are in the process of being rolled out in most of the covered jurisdictions, with further expansion expected. The enhanced sustainability reporting requirements observed in many of the jurisdictions are also expected to increase pressure for reporting entities to put in place more credible transition plans. 
  • Beyond net zero

    • Circularity is an increasing regulatory focus in the region. Legislation has focused on extending producers’ responsibility to the waste management stage, and we expect this to continue, though policy approaches are becoming more holistic in some jurisdictions.
    • Mandatory human rights and environmental due diligence is an emerging area, with initial developments in several jurisdictions indicating growing pressure in certain quarters. However, this is at an early stage and jurisdictions may take a wait and see approach to learn from the implementation of the EU’s Corporate Sustainability Due Diligence Directive.
  • Greenwashing-related enforcement remains uncommon outside of a few jurisdictions (most notably Australia).

[2] The EU has proposed reforms to streamline its sustainability requirements and delay implementation due to concerns with the regulatory burden on businesses and the impact on EU competitiveness.

Glossary

TERM

DEFINITION

Carbon credits

Tradable credits (representing 1 ton of carbon dioxide equivalent) generated through voluntary emissions reduction activities. Carbon credits can represent emissions reductions achieved through either avoidance (preventing GHG emissions from entering the atmosphere) or removal (taking GHGs from the atmosphere). Carbon crediting mechanisms include those administered by international organisations (e.g. Kyoto Protocol (including the Clean Development Mechanism)), non-governmental organisations (e.g. Verra and Gold Standard) and governments.

Carbon tax

A fee levied by a government on covered entities for their GHG emissions, with the government setting the price of emissions (the tax rate).

CBAM

Carbon border adjustment mechanism - a policy tool, first implemented by the EU, to impose a fair price on carbon emitted during the production of carbon-intensive goods entering the EU and to encourage cleaner industrial production in non-EU countries.  

Circular economy

An economic model that promotes a more efficient use of resources by applying the three guiding principles of reduce, reuse and recycle to create a circular value chain. This is a departure from the traditional linear economic model, which is based on a take-make-consume-dispose pattern. Examples of circular economy policy instruments include eco-design requirements, EPR schemes for waste and green public procurement.

Comply-or-explain

An approach to disclosure whereby a company must either report on a provision or, if it does not, provide considered reasons for not doing so.

Double materiality

An approach to disclosure which assesses materiality by reference to information that is necessary to understand the reporting entity’s impacts on sustainability matters (impact materiality) and sustainability matters that could reasonably be expected to affect its financial prospects (financial materiality). 

EPR or extended producer responsibility

A policy tool in which a producer’s responsibility for a product is extended to the post-consumer stage of a product’s life cycle, thereby shifting the cost of end-of-life management from local institutions and consumers to the producers (“polluter pays” principle) and fostering a circular economy.

ESG

Environmental, social and governance.

ETS or emissions trading system

In an ETS, the government places a limit on the amount of GHG emissions from covered entities. Typically, entities must surrender emission units (or allowances) to cover their emissions within a compliance period. Each emission unit represents the right to emit a certain volume of emissions and can be traded between covered entities or sometimes with other traders. The carbon price in these systems is usually a function of supply and demand for emission units.

FY

Financial year.

GHG or greenhouse gas

The seven greenhouse gases listed in the Kyoto Protocol: carbon dioxide; methane; nitrous oxide; hydrofluorocarbons; nitrogen trifluoride; perfluorocarbons; and sulphur hexafluoride.

GHG Protocol

Greenhouse Gas Protocol: A Corporate Accounting and Reporting Standard (2004).

GRI 

Global Reporting Initiative, an international independent standards organisation founded by, amongst others, the United Nations Environmental Programme, to develop sustainability reporting standards.

GRI Standards

A set of interrelated sustainability reporting standards that enable organisations to report publicly on their economic, environmental and social impacts and contribution towards sustainable development developed by the Global Sustainability Standards Board of the GRI.

Human rights and/or environmental due diligence

The process through which enterprises identify, prevent, mitigate and account for how they address their actual and potential adverse human rights and/or environmental impacts in their own operations and their value chain.

IFRS S1

General Requirements for Disclosure of Sustainability-related Financial Information published by the ISSB in June 2023.

IFRS S2

Climate-related Disclosures published by the ISSB in June 2023.

IOSCO

International Organization of Securities Commissions.

ISSB

International Sustainability Standards Board, an independent, private-sector body that was established by the International Financial Reporting Standards Foundation to develop globally consistent sustainability-related financial reporting standards.

ISSB Standards

IFRS S1 and IFRS S2.

NDCs or nationally determined contributions

National climate action plans of each country under the Paris Agreement, outlining how it plans to reduce GHGs to help meet the global goal of limiting temperature rise to 1.5ºC and adapt to the impacts of climate change. The Paris Agreement requires that NDCs are updated every five years, with the third round due in 2025.

SASB

Sustainability Accounting Standards Board, a non-profit organisation, founded in 2011 to develop sustainability accounting standards. In August 2022, the ISSB assumed responsibility for the SASB standards.

Scope 1 emissions

Direct GHG emissions that occur from sources that are owned or controlled by the reporting entity.

Scope 2 emissions

Indirect GHG emissions from the generation of purchased or acquired electricity, steam, heating or cooling consumed by the reporting entity.

Scope 3 emissions

All indirect GHG emissions (not included in Scope 2) that occur in the value chain of the reporting entity, including both upstream and downstream emissions.

Single materiality

An approach to disclosure which assesses materiality by reference to sustainability matters that could reasonably be expected to affect the reporting entity’s prospects (financial materiality).

TCFD

Task Force on Climate-related Financial Disclosures, a task force created by the Financial Stability Board to improve and increase reporting of climate-related financial information. On October 12, 2023, the TCFD fulfilled its remit and disbanded, passing responsibility for monitoring the progress of companies’ climate-related disclosures to the International Financial Reporting Standards Foundation.

TCFD Recommendations

The recommendations of the Task Force on Climate-related Financial Disclosures issued by the TCFD in June 2017.

TNFD

Task Force on Nature-related Financial Disclosures, a market-led and government-supported initiative to develop a set of disclosure recommendations and guidance that encourage and enable businesses and finance to assess, report and act on their nature-related dependencies, impacts, risks and opportunities.   

Transition plan

A transition plan is generally understood to be an aspect of a company’s overall business strategy that outlines its action plan to mitigate or adapt to climate-related risks for its transition towards a lower carbon economy, including actions such as reducing its GHG emissions.

 

The content of this publication represents the position as at 30 June 2025.

This publication is provided for general information only. It does not constitute legal or other professional advice. For further information, please speak to your usual Slaughter and May contact.