The Law of Sustainable Securitisations

This book explores the untapped potential of securitisation to support sustainability goals. While environmental, social, and governance (ESG) considerations are increasingly integrated into securitisation structures, the market remains far less developed than other sustainable finance instruments like green bonds and loans.

In the absence of a dedicated framework, market participants have independently labeled these transactions as ‘sustainable’, raising concerns about legal certainty and greenwashing risks.

Against this background, the book examines how securitisation can meaningfully contribute to the sustainability agenda. It maps the features that can make securitisations sustainable and provides the first comprehensive analysis of the rules governing these transactions. Central to this is the concept of ‘focal points’: strategic elements that can serve as leverage for legal interventions promoting sustainability.  By situating securitisation within the broader sustainable finance debate, the book argues for a more coherent legal framework, shaped by financial industry bodies and EU regulators.