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Corporate Citizen: New Perspectives on the Globalized Rule of Law

Corporate Citizen: New Perspectives on the Globalized Rule of Law

Author: Oonagh E. Fitzgerald
Publisher: McGill-Queen's University Press
ISBN: 9781928096924
Published In: October 2020
Format: Paperback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

RM233.42

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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.

Acronyms and Abbreviations

Introduction

Oonagh E Fitzgerald

I. Legal Frameworks Straining Boundaries

1. Foreign Wrongs, Corporate Rights and the Arc of Transnational Law

Jason MacLean and Chris Tollefson

2. The Corporation and Modern Capitalism: Folk, Broke and Woke

Christopher C Nicholls

3. Implications of a Sophisticated Shareholder Base in Public Corporations

Anita Indira Anand

4. The Review of Global Mergers: Exploring the Status Quo and Its Uncertain Future

Edward Iacobucci

II. Accountability Frameworks Taking Shape

5. “Coyote and the Cannibal Boy”: Secwépemc Insights on the Corporation

Rebecca Johnson and Bonnie Leonard

6. Climate Change: A New Bellwether of Corporate Accountability for Systemic Risks

Edward J Waitzer and Douglas Sarro

7. Made in Everywhere: Transformative Technologies and the (Re)codification of CSR in Global Supply Chains

Lucas Mathieu and Richard Janda

8. Wâhkôtowin and Restoring Humane Relationality within the Transnational Corporation

Darcy Lindberg

III. Corporate Conduct Reflecting Values

9. Vesting Transnational Corporate Responsibility in Natural Persons v Legal Persons: What Matters Today?

Malcolm Rogge

10. Corporate Capture and Institutional Work: Lessons for the Canadian Ombudsperson for Responsible Enterprise

Daniela Chimisso dos Santos

11. Mining for Equality: Soft Targets and Hard Floors for Boards of Directors?

Keith MacMaster and Sara Seck

12. Voluntary Codes of Corporate Governance: Evolution and Implications

Cally Jordan

IV. Investor Obligations Drawing Focus

13. Remedies in the Context of Investor Responsibilities

Hugo Perezcano Díaz and Ksenia Polonskaya

14. Piercing the Corporate Veil in International Investment Law: Problems with the Denial of Benefits Clause

Charles-Emmanuel Côté

15. Reconceptualizing International Investment Governance: The Challenges of Establishing Foreign Investor Obligations

Enrique Boone Barrera

16. Using International Investment Agreements to Address Access to Justice for Victims of Human Rights Violations Associated with Transnational Resource Extraction

Penelope Simons and J Anthony VanDuzer

V. Institutions Articulating Transnational Justice

Conclusion

Oonagh E Fitzgerald