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Corporate Citizen: New Perspectives on the Globalized Rule of Law

Edited by: Oonagh E. Fitzgerald

ISBN13: 9781928096924
Published: October 2020
Publisher: McGill-Queen's University Press
Country of Publication: Canada
Format: Paperback
Price: £32.50



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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.

Subjects:
Public International Law
Contents:
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