Company Law and Sustainability

Legal Barriers and Opportunities

Beate Sjåfjell editor Benjamin J Richardson editor

Format:Hardback

Publisher:Cambridge University Press

Published:21st May '15

Currently unavailable, and unfortunately no date known when it will be back

Company Law and Sustainability cover

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

Business law, and above all company law, must be transformed to encourage environmentally responsible business. This book highlights the inadequacies of both environmental law and voluntary corporate social responsibility. Its suggestions for reform and its multinational scope makes it essential reading for scholars, policy-makers and business managers worldwide.This investigation of the barriers to and opportunities for promoting environmental sustainability in company law provides an in-depth comparative analysis of company law regimes across the world. The social norm of shareholder primacy is the greatest barrier preventing progress, and it also helps explain why voluntary action by companies and investors is insufficient. By deconstructing the myth that shareholder primacy has a legal basis and challenging the economic postulates on which mainstream corporate governance debate is based, Company Law and Sustainability reveals a surprisingly large unexplored potential within current company law regimes for companies to reorient themselves towards sustainability. It also suggests possible methods of reforming the existing legal infrastructure for companies and provides an important contribution to the broader debate on how to achieve sustainability.

'Company law has typically been seen as a dry and technical subject principally of interest to the community of lawyers. Traditionally its aim has been to create legal certainty for companies themselves in their relations with each other in the marketplace, and to define and combat corrupt, fraudulent or other criminal acts by individuals using company structures to shield their behaviour. This book takes a completely different perspective, analysing how company law is being and can be used as a vital tool to combat new collective threats in the world including climate change, social disintegration and conflict. It is partly a response to the successes, but also the limitations, of movements towards corporate social and environmental responsibility in the last twenty years, that have largely been pursued through a range of voluntary, soft law and other initiatives kept strictly separate from those of corporate governance.' Richard Howitt, MEP, European Parliament Rapporteur on Corporate Social Responsibility, from the Foreword
'… for those who want a tour of the problems which arise where corporate law and sustainability collide, it is a useful review of the horizon.' Stephen Bloomfield, FCIS, International Company and Commercial Law Review
'Company Law and Sustainability is clearly one of the most comprehensive works on the topic to date. Overall, the book embodies a truly accessible and well thought out comparative approach to many of the key issues discussed, as well as some ideas for future reform. One can only hope that those with the power to instigate change discover it, before it is too late.' Ben Archer, Legal Studies

ISBN: 9781107043275

Dimensions: 229mm x 152mm x 22mm

Weight: 670g

374 pages