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Recent decades have witnessed environmental, social, and economic upheaval, with major corporations contributing to a host of interconnected crises. This book examines the dynamics of corporate form that incentivize harmful excesses and presents an alternative vision to help secure an environmentally, socially, and economically sustainable future.
Outlining significant dynamics that may pave the way for future evolution in the field of corporate law, this timely Research Agenda explores provocative and cutting-edge developments to identify new directions for scholarly inquiry. Bringing together a diverse group of scholars, the book evaluates doctrinal and normative issues in corporate law from a range of contextual and interdisciplinary viewpoints.
The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.
This book provides an analysis of the impact of the climate crisis on corporate law and theory in the coming decades as the world seeks to meet the target of net zero carbon emissions by 2050. Net zero targets are a particular challenge for an economy such as Australia which has a historical reliance on fossil fuels, and powerful interests arguing for the continued use of coal and gas. The book examines four recent corporate case studies in Australia. The first two follow the Adani group of companies and coal in Queensland and Rio Tinto and the destruction of ancient rock shelters in the midst of iron ore mining in WA. The book then covers the pension fund member Mark McVeigh, issuing procee...
Challenging current attitudes to governance and regulation in business, this timely book ascertains how regulatory approaches can innovate to ensure sustainable business that contributes to social justice for current and future generations within ecological limits.
This timely book examines how international legal regimes interact to govern corporate sustainability and how this interaction may enable harmful corporate conduct. With a focus on human rights abuse and the impacts of climate change, contributors from diverse legal backgrounds critically analyse the role of the law in shaping corporate behaviour.
Since the 2008 Global Financial Crisis the prevailing economic development model based on an assumption of unlimited resources and, therefore, unlimited growth has been increasingly put into question by academics, policy-making agencies and even industry leaders themselves. Climate change, general environmental and natural resource degradation, widespread inequalities, and systemic governance failures are pressing capitalism to renew itself to deliver sustainable outcomes for a broader base of stakeholders. This has become known in more practical terms as the ESG (Environmental, Social and Governance) and responsible investment movements. The pressure to change how we organise ourselves as s...
Macey on Corporation Laws brings together three major resources for analyzing and comprehending modern corporation law The American Bar Association's Model Business Corporation Act, The American Law Institute's Principles of Corporate Governance, and Delaware's highly sophisticated and respected General Corporation Law. Clear, expertly analyzed, authoritative, and uniquely insightful, this resource covers every vital area of corporate law, including: The process of incorporation Corporate powers and corporate purposes Rules relating to the structure of the Board of Directors Shares and distributions Voting trusts and voting agreements among shareholders Mergers Amendments to the Articles of Incorporation and Bylaws Changes to Model Business Corporation Act Amendments to Delaware General Corporation Law And much more Logically organized around the pertinent topics found in a standard state corporation statute, Macey on Corporation Laws is the ideal reference to consult when researching statutory construction, applicability, interpretation, and scope. Plus Macey on Corporation Law accompanying CD-ROM information package is the ideal research companion to your print volumes.
European Company Law Series, Volume 19 Compelling new perspectives on corporate governance – including attention to increased shareholder engagement, long-term value creation, and sustainability – have given rise to major changes in the management of companies. Yet, until this book, there has been no systematic account of the legislative and soft law instruments designed to promote good corporate governance practices across the range of sizes and types of companies. The book analyses the various instruments that legislators and others have used to promote good corporate governance in European companies and assesses their value in practice. Nineteen well-known scholars of business and cor...
The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.