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Current debate surrounding social responsibility has neglected to fully comprehend the important role of national private law in achieving socially responsible conduct in business.
Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Table of cases -- Table of legislation -- List of tables -- About the editors and authors -- Preface -- 1 Analyses, perspectives and jurisdictional overview -- 2 The United Kingdom -- 3 Australia -- 4 South Africa -- 5 The United States -- 6 Germany -- Index
The onset of the Great Financial Crisis in 2007/8 has triggered a widespread debate about the causes and the social and environmental consequences of the lack of long-term investment around the world. This volume, the third in the Sustainable Company book series produced by the GOODCORP network of academic and trade union experts on corporate governance, presents a ‘stakeholder’ approach to the problem. The analysis and policy prescriptions presented here go beyond mainstream economic analysis by highlighting the need for major changes in the way resources are saved, distributed and invested in the interests of a sustainable and just economy and society. Individual chapters explore diffe...
Human rights due diligence (HRDD) has emerged as a dominant frame through which to conceptualise and operationalise responsible business conduct with respect to workers' rights in global supply chains. Legislation mandating HRDD is now found in several European countries and across various national regulatory agendas. Many scholars, practitioners, and activists are actively calling for further legalisation, believing that this will broaden respect for human rights. Yet to date, there has been little sustained scholarly analysis from a labour rights perspective. Observing that HRDD, as originally articulated in the UN Guiding Principles on Business and Human Rights, is open to multiple interp...
Introduction and overview -- Defining the corporation and Corporate Law -- Contextual drivers of difference -- Enduring controversies in Corporate Law -- The corporation as technology -- Corporate pathologies and corporate sustainability -- Re-calibrating governance : industry-by-industry approaches -- Re-imagining corporate accountability -- Conclusions.
The German system of company law and corporate governance is often referred to as a 'stakeholder value system' which places it in opposition to Anglo-American 'shareholder value systems'. This characterisation suggests more scope for the promotion of corporate sustainability. This chapter analyses to what extent key aspects of German company law and corporate governance constitute barriers and create opportunities for sustainable development. These include the question in whose interest German public limited companies (Aktiengesellschaften) are run, the co-determined supervisory board in the two-tier board system, the fact that the executive remuneration structure should be aimed at the 'company's sustainable development', shareholder rights and mandatory nonfinancial information disclosure. It is argued that there is, contrary to the prevailing perception, little scope in German company law and corporate governance for the promotion of the social and environmental dimensions of sustainable development.
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
This book addresses the increasing overlap between Corporate Social Responsibility (CSR) and law with a particular focus on company law and corporate governance. What is the impact of CSR on company law and corporate governance and, vice versa? How do these systems impact on CSR? Do they enable, require or prevent the socially responsible conduct of companies, for example, through corporate theory, directors’ duties or disclosure laws? What is the role of shareholders and directors in the promotion of CSR?The theme of the book ensures a sharing of ideas and experiences globally and internationally for all jurisdictions to consider core legal and social aspects of CSR.
This essential Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspective. Contributions from a diverse range of leading international scholars offer an overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda.