LEVERAGING ESG FOR ACCESS TO JUSTICE: REIMAGINING THIRD PARTY FUNDING FOR PUBLIC INTEREST LITIGATION

Abstract

The United Nations Sustainable Development Goal 16 aims to "provide access to justice for all and build effective, accountable, and inclusive institutions at all levels." However, achieving this goal faces significant obstacles, such as the high cost of legal services, which create barriers for individuals seeking justice. This thesis examines how corporations can enhance access to justice through a corporate led funding for Public Interest Litigation (PIL) via a Third-Party Funding (TPF) model referred to in this thesis as “Public Interest Litigation Fund” (PILF). This thesis draws inspiration from the Ontario Class Proceeding Fund (CPF). The thesis argued for traditional TPF practices, shifting the focus from financial returns to one that emphasizes social value within the framework of Environmental, Social, and Governance (ESG) factors. It concludes by proposing that corporations contributing to the PILF as part of their ESG strategies can earn both institutional and non-institutional credits by ESG rating organizations, for incentives for their active participation.