2020
DOI: 10.3390/su12229475
|View full text |Cite
|
Sign up to set email alerts
|

The Commons, the Common Good and Extraterritoriality: Seeking Sustainable Global Justice through Corporate Responsibility

Abstract: Despite their laudable intent, extraterritorial legal initiatives to promote corporate sustainability development have not been well received in practice, and are often seen as a window-dressing exercise. This article aims to conduct a conceptual and doctrinal analysis, offering a theoretical foundation that interprets corporate extraterritorial legislative attempts as legitimate in the context of globalisation, using the lens of “the commons” and “the common good”. We try to link the values and dimensions of … Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
1
1

Citation Types

0
2
0

Year Published

2021
2021
2022
2022

Publication Types

Select...
3

Relationship

2
1

Authors

Journals

citations
Cited by 3 publications
(2 citation statements)
references
References 73 publications
(92 reference statements)
0
2
0
Order By: Relevance
“…Much of the pre-COVID-19 interdisciplinary research on CSR and corporate law has emphasised the importance of mandatory CSR and proposed a regulatory framework enforced by corporate law and governance mechanisms [13][14][15]. However, scholars have made few attempts to differentiate between ex ante and ex post CSR law approaches.…”
Section: Introductionmentioning
confidence: 99%
“…Much of the pre-COVID-19 interdisciplinary research on CSR and corporate law has emphasised the importance of mandatory CSR and proposed a regulatory framework enforced by corporate law and governance mechanisms [13][14][15]. However, scholars have made few attempts to differentiate between ex ante and ex post CSR law approaches.…”
Section: Introductionmentioning
confidence: 99%
“…The notion of the SLO was initially advanced as a response to an initiative from the United Nations that requires corporations doing business in territories that are home to indigenous people to safeguard "free, prior, and informed consent" from those indigenous communities and stakeholders in order to build an equal and respectful relationship [95]. Companies should respect the legitimate authority of communities and stakeholders "based on the principle of informed consent" [95,96]. An SLO requires corporations to meet sustainable growth expectations by concentrating on the interests of the community members within their business operative region; a couple of key cases involving vulnerable communities' expectations of MNEs and their subsidiaries are Okpabi v. Royal Dutch Shell PLC AAA and Others versus Unilever PLC and another [88] and Vedanta Resources PLC and Another v. Lungowe [80].…”
Section: Slos Will Promote Board Accountabilitymentioning
confidence: 99%