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Corporate CitizenNew Perspectives on the Globalized Rule of Law |
eBook Available
Corporate and international law experts make the case for closer scrutiny and control of "global corporate citizens."
The contributors to Corporate Citizen explore the legal frameworks and standards of conduct for multinational corporations. In a globalized world governed by domestic and international law, these corporations can be everywhere and nowhere at once, reaping financial benefits and enjoying the protections of investor-state arbitration but rarely being held accountable for the economic, environmental, and human rights harms they may have caused. Given the far-reaching power and success of the transnational corporation, and the many legal tools allowing these companies to avoid liability, how can governments protect their citizens?
Broad-ranging in perspective, colourful and thought-provoking, the chapters in Corporate Citizen make the case that because the success of corporate global citizenship risks undermining national and international democratic governance, the multinational corporation must be more closely scrutinized and controlled - in the service of humanity and the protection of the natural environment.
Broad-ranging in perspective, colourful and thought-provoking, the chapters in Corporate Citizen make the case that because the success of corporate global citizenship risks undermining national and international democratic governance, the multinational corporation must be more closely scrutinized and controlled - in the service of humanity and the protection of the natural environment.
Details
296 Pages, 7 x 10
CIGI Press
ISBN 9781928096924
October 2020
Formats: Cloth, Paperback, eBook
Oonagh E. Fitzgerald is former director of international law at the Centre for International Governance Innovation.
Acronyms and Abbreviations vii
Introduction 1
Oonagh E Fitzgerald
I Legal Frameworks Straining Boundaries
1 Foreign Wrongs, Corporate Rights and the Arc of Transnational Law 17
Jason MacLean and Chris Tollefson
2 The Corporation and Modern Capitalism: Folk, Broke and Woke 39
Christopher C Nicholls
3 Implications of a Sophisticated Shareholder Base in Public Corporations 59
Anita Indira Anand
4 The Review of Global Mergers: Exploring the Status Quo and Its Uncertain Future 77
Edward Iacobucci
II Accountability Frameworks Taking Shape
5 “Coyote and the Cannibal Boy”: Secwépemc Insights on the Corporation 91
Rebecca Johnson and Bonnie Leonard
6 Climate Change: A New Bellwether of Corporate Accountability for Systemic Risks107
Edward J Waitzer and Douglas Sarro
7 Made in Everywhere: Transformative Technologies and the (Re)codification of CSR in Global Supply Chains 123
Lucas Mathieu and Richard Janda
8 Wâhkôtowin and Restoring Humane Relationality within the Transnational Corporation 141
Darcy Lindberg
III Corporate Conduct Reflecting Values
9 Vesting Transnational Corporate Responsibility in Natural Persons v Legal Persons: What Matters Today? 157
Malcolm Rogge
10 Corporate Capture and Institutional Work: Lessons for the Canadian Ombudsperson for Responsible Enterprise 173
Daniela Chimisso dos Santos
11 Mining for Equality: Soft Targets and Hard Floors for Boards of Directors? 191
Keith MacMaster and Sara Seck
12 Voluntary Codes of Corporate Governance: Evolution and Implications 209
Cally Jordan
IV Investor Obligations Drawing Focus
13 Remedies in the Context of Investor Responsibilities 231
Hugo Perezcano Díaz and Ksenia Polonskaya
14 Piercing the Corporate Veil in International Investment Law: Problems with the Denial of Benefits Clause 247
Charles-Emmanuel Côté
15 Reconceptualizing International Investment Governance: The Challenges of Establishing Foreign Investor Obligations 263
Enrique Boone Barrera
16 Using International Investment Agreements to Address Access to Justice for Victims of Human Rights Violations Associated with Transnational Resource Extraction 279
Penelope Simons and J Anthony VanDuzer
V Institutions Articulating Transnational Justice
Conclusion 311
Oonagh E Fitzgerald
Contributors 323
Acknowledgements 331
Introduction 1
Oonagh E Fitzgerald
I Legal Frameworks Straining Boundaries
1 Foreign Wrongs, Corporate Rights and the Arc of Transnational Law 17
Jason MacLean and Chris Tollefson
2 The Corporation and Modern Capitalism: Folk, Broke and Woke 39
Christopher C Nicholls
3 Implications of a Sophisticated Shareholder Base in Public Corporations 59
Anita Indira Anand
4 The Review of Global Mergers: Exploring the Status Quo and Its Uncertain Future 77
Edward Iacobucci
II Accountability Frameworks Taking Shape
5 “Coyote and the Cannibal Boy”: Secwépemc Insights on the Corporation 91
Rebecca Johnson and Bonnie Leonard
6 Climate Change: A New Bellwether of Corporate Accountability for Systemic Risks107
Edward J Waitzer and Douglas Sarro
7 Made in Everywhere: Transformative Technologies and the (Re)codification of CSR in Global Supply Chains 123
Lucas Mathieu and Richard Janda
8 Wâhkôtowin and Restoring Humane Relationality within the Transnational Corporation 141
Darcy Lindberg
III Corporate Conduct Reflecting Values
9 Vesting Transnational Corporate Responsibility in Natural Persons v Legal Persons: What Matters Today? 157
Malcolm Rogge
10 Corporate Capture and Institutional Work: Lessons for the Canadian Ombudsperson for Responsible Enterprise 173
Daniela Chimisso dos Santos
11 Mining for Equality: Soft Targets and Hard Floors for Boards of Directors? 191
Keith MacMaster and Sara Seck
12 Voluntary Codes of Corporate Governance: Evolution and Implications 209
Cally Jordan
IV Investor Obligations Drawing Focus
13 Remedies in the Context of Investor Responsibilities 231
Hugo Perezcano Díaz and Ksenia Polonskaya
14 Piercing the Corporate Veil in International Investment Law: Problems with the Denial of Benefits Clause 247
Charles-Emmanuel Côté
15 Reconceptualizing International Investment Governance: The Challenges of Establishing Foreign Investor Obligations 263
Enrique Boone Barrera
16 Using International Investment Agreements to Address Access to Justice for Victims of Human Rights Violations Associated with Transnational Resource Extraction 279
Penelope Simons and J Anthony VanDuzer
V Institutions Articulating Transnational Justice
Conclusion 311
Oonagh E Fitzgerald
Contributors 323
Acknowledgements 331
