Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Canada (2)
- Common law (2)
- Corporate governance (2)
- Corporate law (2)
- Fiduciary duties (2)
-
- Poison pills (2)
- Proposed NI 62-105 (2)
- Securities regulation (2)
- Shareholder primacy (2)
- Shareholder rights (2)
- Stakeholder interests (2)
- Advertising (1)
- BCE (1)
- Canadian Securities Administrators (1)
- Canadian Securities Adminstrators (1)
- Corporate social responsibility (1)
- Diffusion (1)
- Disruptive innovation; corporate governance; corporate law; social enterprises; social value; corporate social responsibility; for-profit corporation; non-profit organization (1)
- Food safety (1)
- Institutional investors (1)
- Legitimacy (1)
- Meta-regulation (1)
- Neo-institutionalism (1)
- OECD's Guidelines for Multinational Enterprises (1)
- OSC (1)
- Oil industry (1)
- Orchestrating responsible business conduct (1)
- Organizational fields (1)
- TBGI analytical framework (1)
- TSX (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Organizational Fields, Transnational Business Governance Interactions And The Diffusion Of Csr, Melanie Coni-Zimmer
Organizational Fields, Transnational Business Governance Interactions And The Diffusion Of Csr, Melanie Coni-Zimmer
Transnational Business Governance Interactions Working Papers
The paper analyzes the process of global diffusion of Corporate Social Responsibility (CSR) in the oil industry and how interactions between different actors have contributed to this outcome. It starts from the empirical puzzle that CSR has spread globally among transnational corporations since the mid 1990s (diffusion of CSR as a dependent variable). To explain this phenomenon, the paper presents a theoretical argument based on insights from sociological neo-institutionalism. It uses the concept of organizational fields as social spaces where organizations interact with one another. The structuration of an organizational field leads to processes of homogenization among the organizations belonging …
Business And Human Rights: Understanding The Un Guiding Principles From The Perspective Of Transnational Business Governance Interactions, Karin Buhmann
Transnational Business Governance Interactions Working Papers
This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of Transnational Business Governance Interactions (TBGI) analytical framework (Eberlein et al. 2014). The article identifies and discusses dimensions of interaction and components of regulatory governance which characterise the Guiding Principles, focusing in particular on the rule formation and implementation. The article notes that the Guiding Principles actively enrolled other actors for the rule-making process ensuring support in a politically and legally volatile field. It identifies mutual 'piggy-backing' by the Guiding Principles and other TBGI Schemes, …
The Rise Of Transnational Private Meta-Regulators, Paul Verbruggen, Tetty Havinga
The Rise Of Transnational Private Meta-Regulators, Paul Verbruggen, Tetty Havinga
Transnational Business Governance Interactions Working Papers
In recent years scholars from various disciplines have turned their attention to transnational regimes of regulation that are chiefly developed outside state-driven frameworks. The rise of such "transnational private regulation" has also led to the emergence of private meta-regulation. The term 'meta-regulation' commonly refers to processes through which a regulatory body oversees another and sets standards for its activities or performance of regulation. In the public domain, meta-regulation has been associated with the devolution of regulatory activities by a statutory body to private actors with the view to enhance voluntary rule compliance, awareness of responsibilities among the regulated and reduce …
A Canadian Model Of Corporate Governance, Carol Liao
A Canadian Model Of Corporate Governance, Carol Liao
All Faculty Publications
What is Canada’s actual legal model to govern its corporations? Recent landmark judicial decisions indicate Canada is shifting away from an Anglo-American definition of shareholder primacy. Yet the Canadian securities commissions have become increasingly influential in the governance sphere, and by nature are shareholder-focused. Shareholders’ rights have increased well beyond what was ever contemplated by Canadian corporate laws, and the issue of greater shareholder vs. board control has now become the topic of live debate. The future of Canada's overall model seems to rest on what will be more compelling: the constancy of the corporate statutes and trajectory of the …
A Canadian Model Of Corporate Governance: Where Do Shareholders Really Stand?, Carol Liao
A Canadian Model Of Corporate Governance: Where Do Shareholders Really Stand?, Carol Liao
All Faculty Publications
This feature article in the Director Journal summarizes the findings from the report, "A Canadian Model of Corporate Governance: Insights from Canada's Leading Legal Practitioners," produced for the Canadian Foundation for Governance Research and the Institute of Corporate Directors (also available on SSRN).
In the report, interviews were conducted with 32 leading senior legal practitioners across Canada to opine on the fundamental principles that are driving the development of Canadian corporate governance. The report found that Canadian common law has made the process of considering stakeholders in the "best interests of the corporation" more overt, well beyond what is assumed …
Disruptive Innovation And The Global Emergence Of Hybrid Corporate Legal Structures, Carol Liao
Disruptive Innovation And The Global Emergence Of Hybrid Corporate Legal Structures, Carol Liao
All Faculty Publications
There is considerable legal scholarship focused on reforming the shareholder primacy model of governance embodied within the modern day corporation. While these efforts are worthwhile and must continue, there are certain ideological and practical limitations that make true reformation of this model difficult. It is important, therefore, that in the midst of ongoing efforts, one does not lose sight of available alternatives.
This article promotes a novel perspective that does not spring from traditional-style efforts of corporate reform, but rather, on how a growing trend in corporate law may create 'disruptive innovations' in the marketplace and foster an environment where …