Company Law and Sustainability


Book Description

This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.




Globalisation of Corporate Social Responsibility and its Impact on Corporate Governance


Book Description

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.




Sustainability and Corporate Mechanisms in Asia


Book Description

This book critically examines how corporate law and governance can be and should be used to promote sustainability in Asia.




Corporate Social Responsibility in the 21st Century


Book Description

As corporate states join the universe of nation states, the challenge of securing both corporate social responsibility and accountability becomes one of the core challenges facing the social and legal order. Bryan Horrigan s masterly, comprehensive account of this protean subject offers an assured guide for future thought and action. Paul Redmond, Professor, University of Technology, Sydney, Australia CSR continues to be one of the most important aspects of business in the global economy receiving much attention from business managers, government leaders and academics. While continuing to increase in prominence, there are many aspects and many approaches evolving in this global phenomenon. In this book Horrigan provides the most complete interdisciplinary analysis of these perspectives yet undertaken combining theoretical insights with practical examples while pointing the way forward towards future developments. David Crowther, Professor, De Montfort University, UK and Social Responsibility Research Network In this book Professor Horrigan brings together the many facets of, and perspectives on, the concept [of CSR]. . . and he places them in the context of the development of thought in the crossover from the 20th to the 21st century. . . I doubt whether such an ambitious and comprehensive account of the concept has been previously attempted. There is no doubt that it is a hugely important subject in today s world; and one which will not go away. I believe that the book will be valuable to all who need to deal with this issue, whether as government officials, regulators, businessmen, lawyers, academics, media commentators or concerned citizens. The Right Honourable Lord Butler of Brockwell KG, GCB, CVO, was Secretary of the United Kingdom Cabinet and Head of the Home Civil Service from 1988 to 1998. 1998 2008 Master of University College Oxford and a Non-Executive Director of ICI plc and of HSBC Holdings, also Chairman of the Board's Corporate Social Responsibility Committee This timely and thorough book offers one of the most wide-ranging, inter-disciplinary, and cross-jurisdictional analyses of corporate social responsibility so far in the 21st century. Professor Bryan Horrigan spans subjects as diverse and topical as global corporate responsibility and governance debates, practical guidelines for responsible businesses and their professional advisers, governmental roles in corporate social responsibility, corporations and human rights, and the new era of enlightened shareholder value . He also highlights an emerging transnational and comparative body of law, regulation, and practice on corporate social responsibility. Illustrated throughout with meaningful controversies and examples, the book also highlights the major recent global developments in corporate social responsibility already this century, focusing especially on Europe, the UK, North America, and Australasia, and charting its future regulatory and research directions worldwide. The book s scholarly foundation, up-to-date coverage, and accessible style will appeal particularly to academic researchers and students of corporate social responsibility in the fields of law, business, management, economics, and political science in a number of countries. It will also be of great interest and use to those whose work involves corporate social responsibility within government, business, and civil society.




Where the Law Ends


Book Description




Corporate Social Responsibility, Human Rights and the Law


Book Description

Corporate Social Responsibility, Human Rights and the Law examines the responsibilities of business enterprises for human rights from a legal perspective. It analyses the legal status of the ‘corporate responsibility to respect human rights’ as articulated by the United Nations Guiding Principles on Business and Human Rights (UNGPs). This concept currently reflects an international consensus and is promoted by the UN. The book contemplates the various founding perspectives of the UNGPs, and how the integration of notions such as ‘principled pragmatism’ and ‘polycentric governance’ within its framework provides insights into the future course of law and policy, compliance, and corporate respect for human rights. The book thus takes a global focus, examining the interaction of Corporate Social Responsibility (CSR), human rights, and the law in a broader global governance context. Setting out a possible future scenario for the legalization of the corporate responsibility to respect human rights that is informed by the UNGPs' founding perspectives and reflects current realities in the human rights landscape, this book will be of great interest to scholars of business ethics, international human rights law, and CSR more broadly.




The Cambridge Companion to Business and Human Rights Law


Book Description

How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.




Corporate Social Responsibility Across the Globe


Book Description

Corporate Social Responsibility Across the Globe demonstrates many ways that CSR can be applied by law to overcome regulation and governance challenges around the world. Using interdisciplinary and comparative models and perspectives, the book challenges dominant understandings of CSR, such as neoliberal voluntarism, and demonstrates the regulatory and governance implications of an interdependent relationship between CSR and the law. The book identifies substantive and procedural barriers for CSR in national, public, and private international law. By analyzing, deconstructing, and reframing CSR in these contexts, the book underlines opportunities for more effective application of CSR as a governance mechanism. Chapters investigate relevant regulation concepts, paradigms and approaches for CSR; methods for infusing CSR in corporate governance; and ways to facilitate private regulation of CSR in more developed, emerging, and developing jurisdictions.




Company Directors' Responsibilities to Creditors


Book Description

This timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and addresses the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for the before mentioned. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested. Company directors have certain responsibilities to creditors of their companies. In particular, they should avoid fraudulent and wrongful trading and consider, as part of their duties, the interests of creditors when their companies might be, or are, in financial difficulty. The work is precipitated by the lack of coherence in the consideration of wrongful trading and the recent delivery of important cases on fraudulent trading. Also, this timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and seeks to address the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for wrongful trading and failing to consider the interests of creditors. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared, and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested.




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