scholarly journals Of Enterprise Principles & Corporate Groups: Does Corporate Law Reach Human Rights?

2013 ◽  
Author(s):  
Virginia E. Harper Ho
Keyword(s):  
Human Rights ◽  
Corporate Law ◽  
Corporate Groups

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

5. Corporate personality

2016 ◽  
Author(s):  
Derek French ◽  
Stephen W. Mayson ◽  
Christopher L. Ryan
Keyword(s):  
Human Rights ◽  
Corporate Law ◽  
Court Cases ◽  
Controlling Shareholder ◽  
Legal Personality ◽  
Legal Proceedings ◽  
Personal Rights ◽  
Piercing The Corporate Veil ◽  
A Company ◽  
Corporate Personality

This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts, and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the courts affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In addition, the chapter examines the process known as ‘piercing the corporate veil’ in relation to the evasion principle; how an artificial entity can have legal personality; and a number of particularly significant court cases. Finally, it looks at corporate law theory and the issue of company linguistics.

Implementing the New UN Corporate Human Rights Framework: Implications for Corporate Law, Governance, and Regulation

2012 ◽  
Vol 22 (1) ◽  
pp. 145-177 ◽  
Author(s):  
Peter Muchlinski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Corporate Responsibility ◽  
Tort Law ◽  
Corporate Law ◽  
Due Diligence ◽  
Corporate Managers ◽  
Rights Issues ◽  
Oriented Approach ◽  
Human Rights Due Diligence

ABSTRACT:The UN Framework on Human Rights and Business comprises the State’s duty to protect human rights, the corporate responsibility to respect human rights, and the duty to remedy abuses. This paper focuses on the corporate responsibility to respect. It considers how to overcome obstacles, arising out of national and international law, to the development of a legally binding corporate duty to respect human rights. It is argued that the notion of human rights due diligence will lead to the creation of binding legal duties and that principles of corporate and tort law can be adapted to this end. Furthermore, recent legal developments accept an “enlightened shareholder value” approach allowing corporate managers to consider human rights issues when making decisions. The responsibility to respect involves adaptation of shareholder based corporate governance towards a more stakeholder oriented approach and could lead to the development of a new, stakeholder based, corporate model.

The European Company – A Challenge to Academics, Legislatures and Practitioners

2003 ◽  
Vol 4 (4) ◽  
pp. 309-331 ◽  
Author(s):  
Christoph Teichmann
Keyword(s):  
European Commission ◽  
Corporate Law ◽  
Company Law ◽  
Tax Law ◽  
Legal Form ◽  
Corporate Groups ◽  
European Company ◽  
European Company Law ◽  
Societas Europaea ◽  
Legal Forms

The European Company – or Societas Europaea (SE) – has been referred to as the “flagship of European Company Law”. This is certainly true if one considers the ambitious origins of the project. In 1970, the European Commission presented the first draft of the Statute for a European Company. A completely autonomous European legal form was intended, freely floating above the national legal forms and based solely on the sturdy branch of a purely European corporate law. The text of 1970 was, in substance, a complete code of corporate law. From the management structure to shareholders’ actions, from the law of corporate groups (Konzernrecht) to accounting law, from tax law to co-determination – every regulation required in a modern corporate law was provided for.

scholarly journals A macro-level investigation of transatlantic controlling shareholder's fiduciary duty

Legal Studies ◽  
2021 ◽  
pp. 1-24
Author(s):  
Leon Anidjar
Keyword(s):  
Historical Development ◽  
Corporate Law ◽  
Fiduciary Duty ◽  
Business History ◽  
Macro Level ◽  
Legal Systems ◽  
Minority Shareholders ◽  
Controlling Shareholders ◽  
Corporate Groups ◽  
The World

Abstract Legal systems around the world apply various strategies to mitigate agency costs between controlling and minority shareholders. A systematic review of the transnational law on the loyalty and care obligations of controlling shareholders reveals various doctrinal choices. This study aims to uncover the evolution of these choices by employing a law-in-context methodology. Accordingly, it seeks to explain the differences in governance selections by exploring the cultural, historical and socio-economic backgrounds of the particular legal systems in which organisations and decisions are embodied. I conduct a macro-level inquiry which focuses on the cultural environment and business history development to understand different doctrinal designs. In particular, I argue that those dissimilarities are a result of unique cultural-non-formal norms of corporate governance regarding the protection afforded to shareholders’ interests and they correspond to the historical development of the law of corporate groups across nations. As the macro-level investigation indicates, any initiative to globally converge corporate law and governance should be carried out with caution because it may distort the delicate normative equilibrium represented in a given jurisdiction.

Corporate Power and the Protection of Human Rights in Equilibrium

2013 ◽  
Vol 24 (1) ◽  
pp. 29-42 ◽  
Author(s):  
Wasima Khan
Keyword(s):  
Human Rights ◽  
Best Practices ◽  
International Business ◽  
Social Entrepreneurship ◽  
Corporate Law ◽  
Corporate Power ◽  
The World ◽  
Protection Of Human Rights ◽  
The Impact ◽  
Responsible Manner

Corporate power reaches beyond land frontiers and holds sway over the lives of billions of individuals throughout communities and living environments all over the world. Regrettably, this power is not always exercised in a responsible manner when we look at the amount of violations of human rights in which corporations have been involved through their international business affairs. In order to prevent an abuse of corporate authority to the detriment of human rights, the impact of corporate power should be balanced with a matching responsibility towards all members of society. This article examines how corporate power and the protection of human rights are currently out of equilibrium. Subsequently, it explores solutions in the field of corporate law and best practices such as the emergence of social entrepreneurship to restore this equilibrium.

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