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Corporate Law, Codes of Conduct and Workers' Rights

Corporate Law, Codes of Conduct and Workers' Rights

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367181727
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,762.50
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  • 描述 
  • 大纲 
  • 详细

    This book critically explores how increased regulation and governance of corporations can be used to help improve the rights of workers amidst an era of union decline. The book posits that soft law techniques such as codes of conduct are more effective in protecting workers than ‘hard law’ i.e. domestic regulation. It starts by analysing the transnational regulation of corporations and codes of conduct, and then puts forward a model code of conduct that can be used by corporations to help increase the protection of workers. This model is one where, through the use of a monitoring scheme, shareholders, activists and NGOs put pressure on the corporation to reform itself and enact a code which has obligations flowing both ways between the corporation and its employees. The book then looks at the expansions of fiduciary duties and changes to corporate governance, including benefit corporations and how this can be used to increase the rights of workers. It then discusses changes to standard union contracts before concluding with an assessment of the best way forward for workers’ rights.

    By providing a new contribution to the current dialogue on corporate social responsibility and codes of conduct, this book will be a valuable resource for academics working on labour, employment and business law, as well as corporate lawyers.

  • Acknowledgments
    Overview of the book
    Author biography
    List of Tables and Figures
    Introduction
    Background of the Problem
    Purpose of the Study
    Theoretical framework
    Theory of the Firm - how does the corporation function?
    Nexus of Contracts
    Definition of Terms
    Background
    Shareholder Primacy Model
    Stakeholder Theory
    Shareholder Voice
    Workers’ Rights
    Anti-sweatshop movement and Supply Chain Management
    ‘Hard law’ versus ‘soft law’
    Governance
    The Intersection of CSR and Workers’ Rights
    Ratcheting Labor Standards
    Reflexive Labour Law
    Self-regulation
    Private Regulation
    Current Canadian scheme
    Activists and targets
    Bibliography for Chapter One
    Chapter Two - Codes of Conduct
    Shareholder-focused governance
    The divergent paths of corporate law and labour law
    Origins of the corporation and the corporate shield
    Amendments to the CBCA
    Shareholder Primacy Model
    Corporations as Citizens
    Governance gap? Or governance gaping hole?
    Empirical Studies
    How are codes implemented?
    Codes - Corporation A, Corporation B, and Corporation C
    Corporation A
    Corporation B
    Corporation C
    Comparison of the three Codes
    Increasing labour standards on a worldwide level
    Model Code of Conduct
    Bibliography for Chapter Two
    Chapter Three - Changes to Corporate Governance
    Summary of Peoples
    Summary of BCE
    CBCA and Directors’ Duties
    New corporate forms of organization - Benefit Corporations
    Fiduciary Duties
    What comes after Peoples and BCE?
    Ethical Consumption
    International regulation
    Actual Impact on the Ground
    Codes of conduct versus IFAs
    Greenwashing or failure to have actions that back up claims
    Globalization and self-regulation
    Being co-opted/ selling out
    Bibliography for Chapter Three
    Chapter Four - Changes to Standard Union Contracts
    The Importance of Freedom of Association and Collective Bargaining
    UNGC
    Codes versus Certifications
    The purpose of shareholder proposals
    Making the Corporation ‘Moral’
    Activism
    Consumer autonomy
    The corporation and developing countries
    Certification schemes
    Kimberley Process Certification Scheme
    FSC
    Other Monitoring Agencies besides WRC and FLA
    Companies that sell sweatshop-free apparel
    Criticism of CSR
    Bibliography for Chapter Four
    Chapter Five – Concluding Chapter
    My model Code of Conduct
    Fiduciary duties
    Shareholder proposals
    Transnational Governance
    The corporation and developing countries
    Governance
    Corporations as Citizens
    The Future for Workers’ Rights
    Bibliography for Chapter Five
    Index

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