Company Law and Sustainability: Legal Barriers and by Beate Sjåfjell, Benjamin J. Richardson

By Beate Sjåfjell, Benjamin J. Richardson

This research of the obstacles to and possibilities for selling environmental sustainability in corporation legislations offers an in-depth comparative research of corporation legislations regimes the world over. The social norm of shareholder primacy is the best barrier combating development, and it additionally is helping clarify why voluntary motion by means of businesses and traders is inadequate. by means of deconstructing the parable that shareholder primacy has a criminal foundation and not easy the industrial postulates on which mainstream company governance debate is predicated, corporation legislations and Sustainability unearths an incredibly huge unexplored strength inside present corporation legislation regimes for firms to reorient themselves in the direction of sustainability. It additionally indicates attainable tools of reforming the present felony infrastructure for corporations and gives an incredible contribution to the wider debate on easy methods to in attaining sustainability.

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Extra info for Company Law and Sustainability: Legal Barriers and Opportunities

Sample text

K. Davis, Regulatory Reform post the Global Financial Crisis: An Overview (Australian Centre for Financial Studies, 2011). DocumentID=548&ArticleID=5957; E. B. org/index. q=node/5134. unep. org/greeneconomy. 20 ˚ benjamin j. richardson and beate sjafjell its manifestation in the notion of the ‘sustainable company’, which is discussed in Section 4. 4 Sustainability and the ‘sustainable company’ The concept of ‘sustainability’ emerged in the late twentieth century as the Zeitgeist of environmental policy and law.

The working method of the Sustainable Companies Project has served to mitigate some of these challenges. Team members from the various jurisdictions have read and commented on each other’s work in order to clarify concepts or terminology and share news of recent legal developments. A number of workshops and seminars were held where tentative results were presented and discussed. Nevertheless, as with all work of this kind, the comparative chapters of this book must be read with all the caveats that this type of analysis involves.

Simplistic moral slogans such as ‘respect the intrinsic value of nature’116 tend to hinder ‘genuine 116 J. O. ), Philosophy, Humanity and Ecology (African Centre for Technology Studies Press, 1994), 290 at 293. 26 ˚ benjamin j. 117 Alternatively, leaving the environmental conduct of businesses to managers’ discretionary judgement would likely not make companies measurably accountable for their conduct. While we should recognise a variety of values may inform sustainable companies’ decision-making, they should be considered in a manner that allows us to ethically reason, critique, and choose the best justified values.

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