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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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From Corporate Social Responsibility to Corporate Social Liability: A Socio-Legal Study of Corporate Liability in Global Value Chains


ISBN13: 9781509930579
Published: June 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9781509949144



Despatched in 6 to 8 days.

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This book offers a critical socio-legal study that brings together the latest scholarly advances on corporate social responsibility, and, at the same time, addresses the pressing issue of corporate liability for harmful acts across the supply and production chains.

Corporations have seldom been held responsible and virtually never liable for the acts of their subsidiaries and subcontractors. Actors as different as workers, investors, individual consumers, and shareholder activists claim that corporations should accept greater responsibility for communities and environments affected by their activities.

The book analyses the idea that corporations should be held liable for harm across their value chains. It posits that corporate social liability is a set of legal duties and responsibilities of a corporation for harm-causing incidents, including the negative environmental, social, and economic consequences of a company's activities across its entire value chain.

This is the first systematic attempt to critically assess the premises, dynamics, current state of play and the likely future development of the concept and application of corporate social liability, and will be essential reading for academics and policy makers with an interest in corporate law and the regulation of global supply chains.

Subjects:
Company Law
Contents:
Part I: On the Limits of Law and a Limitless Globalised Market
1. Introduction
1.1. Meet Corporate Social Liability
1.2. Why Corporate Social Liability?
1.3. What Belongs to Corporate Social Liability?
1.4. The Book's Approach and Methods
1.5. Structure of the Book
2. Setting the Stage: Corporate Responsibility in Context
2.1. The Corporate Responsibility Debate in its Historical Context
2.2. Ideational Context: the Impact of the Washington Consensus
2.3 Economic Context: Centre, Semi-Periphery and Periphery of Global Value Chains
2.4. Organisational Context: Global Value Chain Governance
2.5. Social Context: CSR Standards for and within Global Value Chains
2.6. The Advent of International Standards
2.7. Many Shades of Voluntary Standards and Corporate Self-Regulation
2.8. The Rise and Fall of CSR
Concluding Remarks on Part I
Part II: The Upshots of Corporate Responsibility and Obstacles to Corporate Liability
3. National Law: the Shades of Publicness of Private Regulation
3.1. Corporate Law
3.2. Tort Law and Contract Law
3.3. Commercial Law
4. Post-national Law: Mandatory Disclosure, Environmental and Human Rights Due Diligence, and Supply Chain Liability
4.1. Supranational Law
4.2. International Law
Concluding Remarks on Part II
Part III: Corporate Liability in Theory and Practice: Recent Approaches and an Introduction to Corporate Social Liability
5. Corporate Liability in International Comparison
5.1. Legislative Landscape
5.2. Litigation Landscape
6. Analysis of Avenues for Corporate Social Liability in Global Value Chains
6.1. Common Criteria for Founding Liability: an Overview
6.2. Further Criteria for Founding Liability: Various Relevant Practices
6.3. Conceptual Prospects for Corporate Social Liability in Global Value Chains
Concluding Remarks on Part III
Part IV. Pitfalls and Future of Corporate Social Liability in Global Value Chains
7. Liability through Judicialisation, Legalisation, and Alternative Dispute Settlement
7.1. General Direct Liability
7.2. A(n) (Im)Possibility of Judicial Assertiveness: a General Duty of Care for Global Value Chains
7.3. Legalisation through Legislation: Liability Disciplines in Current French and Dutch Law
7.4. Transnational CSL Legalisation: Bangladesh Accord and Bangladesh Alliance
7.5. Alternative Dispute Resolution through International Investment Arbitration
7.6 Enforcing Corporate Social Liability ex ante
8. The Reality and Prospects of European and International Law of Corporate Liability in GVCs
8.1. European Law
8.2. International Business and Human Rights Framework: Guiding or Binding the Global Business?
9. On the Gap-filling CSL (and Its Gaps)
9.1. The Pitfalls of International Arbitration for Realising Transnational CSL
9.2. The Limits and Opportunities of the Interface of Domestic Private Law with Public International Law
9.3. Whither Corporate Social Liability?
Conclusion: Where Do We Stand and Is There a Way Forward?
1. Where Do We stand?
2. The Way Forward
3. Final Concluding Remarks