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21 - The Unsuccessful Pursuit for Sustainability in Italian Business Law

from Part III - Corporate Law, Corporate Governance and Sustainability: Case Studies

Published online by Cambridge University Press:  25 November 2019

Beate Sjåfjell
Affiliation:
Universitetet i Oslo
Christopher M. Bruner
Affiliation:
University of Georgia
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Summary

This chapter considers sustainability issues in Italian business law. In particular, it focuses on the two main approaches the lawmaker uses: creating no- or low-profit organisations (such as benefit companies), with specific labels; and setting down rules on special reports and statements that some companies must or may prepare in order to show their commitment in the field of sustainability. Following a normative analysis, the Italian system is shown to be ineffective, as the approach towards sustainability is always seen as an exception to a full-profit rule, even if the full maximisation approach comes from a social norm rather than a legal one. The chapter concludes that a much more effective measure would have been to change the basic norm on partnerships and companies, delivering such concepts from the need of profit purpose.

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Publisher: Cambridge University Press
Print publication year: 2019

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