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The ever-important topic of corporate legal responsibility is deconstructed into many multifaceted components in this fascinating Handbook, which systematically examines each in turn and describes the contemporary legal position.The Research Handbook on Corporate Legal Responsibility considers general theory and basic concepts such as corporate legal personality, the doctrine of attribution, corporate governance and directors' duties, and reviews the range of individuals to which corporations may be held responsible, particularly employees, suppliers, shareholders, 'stakeholders' and women. The substantive grounds for corporate responsibility under civil and criminal law within the North American and Commonwealth jurisdictions are evaluated, and mechanisms of accountability such as novel regulatory processes (interactive regulation, codes of conduct and social reporting), risk management and the significant role of non-governmental organisations are identified. The thought-provoking chapters contained within this Handbook go on to present perspectives on topical international questions (corruption, labour standards, human rights, environmental protection and sustainable development) including an analysis of recent initiatives from several international organisations. Bringing together the work of around thirty leading academics, practitioners, campaigners and policymakers from North America, Europe and Australia, each chapter locates these issues within a theoretical context, giving an overview of its historical evolution, providing an accurate account of the current legal position and identifying policy issues likely to influence future developments.
Edited by Stephen Tully, formerly Law Department, London School of Economics and Political Science, UK
Contents: Foreword by Michael S. Baram Preface by Stephen Tully Part I: Theories and Concepts of Corporate Responsibility 1. The Theoretical Background: The Nature of the Actors in Corporate Social ResponsibilityNicholas H.D. Foster2. Comparative Corporate Governance Developments and Key Ongoing Challenges from Anglo-American PerspectivesBryan Horrigan3. The Fiduciary Duties of Directors: A Proposal for Improving Corporate Governance in Latin AmericaCándido Paz-Ares4. Directors’ Duties within the United KingdomRebecca Parry5. Regulating the Approach of Companies towards Employees: The New Statutory Duties and Reporting Obligations of Directors within the United KingdomSimon Goulding and Lilian Miles6. Protecting Supplier Interests through English Company LawChristopher RuanePart II: Substantive Grounds for Corporate Legal Responsibility 7. ‘Never Say Never Jurisprudence’: Comparative Approaches to Corporate Responsibility under the Law of TortsStephen Tully8. Corporate Criminal ResponsibilityCelia Wells9. Corporate Criminal Liability in the United StatesJoseph F.C. DiMento and Gilbert Geis10. Moral Indifference and Corporate Manslaughter: Compromising Safety in the Name of Profit? Simon Pemberton11. Reforming the Doctrine of Attribution: A Canadian Solution to British Concerns? Darcy L. MacPherson12. Sustainable Waste Management: The Challenge for Businesses in WalesLorraine B. FraterPart III: Alternative Accountability Mechanisms 13. In the Dark All Cats are Grey: Corporate Responsibility and Legal ResponsibilityJohn Sabapathy14. Whistleblowers: The Critical Link in Corporate AccountabilityDana L. Gold15. The Dutch Corporate Governance Code: Self-Regulation or Interactive Legislation?Jellienke Stamhuis16. The Influence of NGOs on the Normative Framework for Business and Human RightsRory Sullivan17. The Interaction between Corporate Codes of Conduct and International Law: A Study of Women and Children in the Textile IndustryOlga Martin-Ortega and Rebecca M.M. WallacePart IV: Regional and International Initiatives Towards Corporate Legal Responsibility18. A Multilateral Contribution to Corporate Standards of Behaviour: The ILO’s Declaration on Multinational EnterprisesKee Beom Kim19. Corporate Environmental Liability within the European UnionCatherine Wijnants20. Corporate Responsibility: The UNEP ExperienceMonique Barbut and Cornis van der Lugt21. Corporate Accountability: An NGO Perspective Craig Bennett and Helen Burley22. International Aspects of Corporate Liability and CorruptionGemma Aiolfi and Mark Pieth Index
'What I liked in particular about the Handbook was that each chapter identified the issues within a theoretical context and then gave the historical perspective with an accurate account of the current legal position and set down clear markers on the issues likely to influence future developments in corporate responsibility.'