Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-dfsvx Total loading time: 0 Render date: 2024-04-28T14:15:05.041Z Has data issue: false hasContentIssue false

4 - Corporate Governance and Corporate Social Responsibility

Published online by Cambridge University Press:  10 September 2021

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Michael Ashley Stein
Affiliation:
Harvard Law School, Massachusetts
Get access

Summary

Concluding that even if economists cannot agree why shareholders should have priority, they are nevertheless agreed that this is the case, the chapter goes on to examine the legal position of different stakeholders in the context of the company by referring to the thorough reform process observed in the UK some two decades ago. Noting then that, despite such a comprehensive debate, the enlightened shareholder value solution (ESV) arrived at remains controversial, and recognising that, in any case, such formal statutory provisions by no means exhaust the arrangements in place for corporate governance, the chapter goes on to look at the hugely influential development of essentially self-regulatory, best-practice based arrangements that are now a feature of stock markets throughout the world. Insofar as the experience of the jurisdiction from which this approach emerged has not been uniformly positive, the chapter proceeds to examine the alternative approach of a strict rule-based approach to corporate governance, taking the US as an example. Despite the problems associated with any alternative, these apparent limits perhaps explain the ongoing and indeed intensified interest in the notion of corporate social responsibility. The chapter goes on to seek clarity in a definition of CSR which draws a distinction between what society requires corporations to do and what it is willing to regard as optional. Noting, however, that encouraging legislators to take firm action in the face of the fear of capital flight can be difficult in the absence of some clear evidence of a problem (and even then, in some recent cases), the question is then whether the recent enthusiasm for environmental, social and governance (ESG) reporting is a reasonable way forward.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×