Corporate Governance and Corporate Social Responsibility : How to Tackle Environmental Imperatives in Company Law ? (Legal and Management Perspectives)
Details
Serval ID
serval:BIB_EF806E5A92DF
Type
PhD thesis: a PhD thesis.
Collection
Publications
Institution
Title
Corporate Governance and Corporate Social Responsibility : How to Tackle Environmental Imperatives in Company Law ? (Legal and Management Perspectives)
Director(s)
Chenaux Jean-Luc
Codirector(s)
Philippe Déborah
Institution details
Université de Lausanne, Faculté de droit, des sciences criminelles et d'administration publique
Publication state
Accepted
Issued date
2022
Language
english
Abstract
What do we need? What do we have? How do we ensure an alignment (or realignment) between what we have and what we need? This doctoral dissertation, concerned with how to tackle global environmental imperatives in company law, seeks to address these three questions.
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The thesis is anchored both in law and in management. As such, it focuses not only on legal but also on strategic business considerations in an integrated manner. It adopts a broad approach, looking at developments in corporate governance as well as sustainable finance. Although the legal discussions use Swiss law as a reference point, they are developed in an international context with extensive analyses of EU law, UK law, and national European legislation. The monograph first discusses the concepts of corporate governance and corporate social responsibility (CSR) and provides a novel analytical tool to deal with these issues in the context of sustainability. It then explores the requirements of 'an end state of global sustainability' and subsequently moves to a detailed assessment of the current governance regime, delving in particular into the CSR-related liabilities and incentives at stake for both corporations and their directors and managers. It concludes with the proposal of a roadmap suggesting that there are four distinct avenues, each underpinned by a specific normative philosophy, for addressing environmental - and by extension social - imperatives in company law and corporate governance. This aims to foster reflection on how to tackle the 'potentiality for a sustainability gap' in corporate governance and corporate social responsibility.
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As well as theoretical considerations, the author discusses practical economic realities and incentives both at the policy and the corporate levels.
-
The thesis is anchored both in law and in management. As such, it focuses not only on legal but also on strategic business considerations in an integrated manner. It adopts a broad approach, looking at developments in corporate governance as well as sustainable finance. Although the legal discussions use Swiss law as a reference point, they are developed in an international context with extensive analyses of EU law, UK law, and national European legislation. The monograph first discusses the concepts of corporate governance and corporate social responsibility (CSR) and provides a novel analytical tool to deal with these issues in the context of sustainability. It then explores the requirements of 'an end state of global sustainability' and subsequently moves to a detailed assessment of the current governance regime, delving in particular into the CSR-related liabilities and incentives at stake for both corporations and their directors and managers. It concludes with the proposal of a roadmap suggesting that there are four distinct avenues, each underpinned by a specific normative philosophy, for addressing environmental - and by extension social - imperatives in company law and corporate governance. This aims to foster reflection on how to tackle the 'potentiality for a sustainability gap' in corporate governance and corporate social responsibility.
-
As well as theoretical considerations, the author discusses practical economic realities and incentives both at the policy and the corporate levels.
Create date
07/06/2023 9:35
Last modification date
14/07/2023 5:54