Corporate Citizen: New Perspectives on the Globalized Rule of Law

Published: October 6, 2020

Available October 2020

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 nineteen 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.

Contents

Introduction
Oonagh E. Fitzgerald

I. Legal Frameworks Straining Boundaries

Foreign Wrongs, Corporate Rights and the Arc of Transnational Law
Jason MacLean and Chris Tollefson

The Corporation and Modern Capitalism: Folk, Broke and Woke
Christopher C. Nicholls

Implications of a Sophisticated Shareholder Base in Public Corporations
Anita Indira Anand

The Review of Global Mergers: Exploring the Status Quo and Its Uncertain Future
Edward Iacobucci

II. Accountability FrameworksTaking Shape

“Coyote and the Cannibal Boy”: Secwépemc Insights on the Corporation
Rebecca Johnson and Bonnie Leonard

Climate Change: A New Bellwether of Corporate Accountability for Systemic Risks
Edward J.Waitzer and Douglas Sarro

Made in Everywhere: Transformative Technologies and the (Re)codification of CSR in Global Supply Chains
Lucas Mathieu and Richard Janda

Wâhkôtowin and Restoring Humane Relationality within the Transnational Corporation
Darcy Lindberg

III. Corporate Conduct Reflecting Values

Vesting Transnational Corporate Responsibility in Natural Persons v Legal Persons: What Matters Today?
Malcolm Rogge

Corporate Capture and Institutional Work: Lessons for the Canadian Ombudsperson for Responsible Enterprise
Daniela Chimisso dos Santos

Mining for Equality: Soft Targets and Hard Floors for Boards of Directors?
Keith MacMaster and Sara Seck

Voluntary Codes of Corporate Governance: Evolution and Implications
Cally Jordan

IV. Investor Obligations Drawing Focus

Remedies in the Context of Investor Responsibilities
Hugo Perezcano Díaz and Ksenia Polonskaya

Piercing the Corporate Veil in International Investment Law: Problems with the Denial of Benefits Clause
Charles-Emmanuel Côté

Reconceptualizing International Investment Governance: The Challenges of Establishing Foreign Investor Obligations
Enrique Boone Barrera

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

ISBN
978-1-928096-92-4
eBook ISBN
978-1-928096-94-8
Publisher
CIGI Press
Published
Pages
342
Format
Paperback
  • Oonagh E. Fitzgerald was director of international law at CIGI from April 2014 to February 2020.
    In this role, she established and oversaw CIGI’s international law research agenda, which included policy-relevant research on issues of international economic law, environmental law, IP law and innovation, and Indigenous law.