The Corporate Codes of Multinationals: Company Constitutions Beyond Corporate Governance and Co-Determination
CONFLICT OF LAWS AND LAWS OF CONFLICT IN EUROPE AND BEYOND: PATTERNS OF SUPRANATIONAL AND TRANSNATIONAL JURIDIFICATION, Rainer Nickel, ed., Hart, Oxford 2009
10 Pages Posted: 10 Jun 2009
Date Written: June 8, 2009
Multinationals’ corporate codes react to both new perils in the working environment and the disappearance of traditional actors due to the globalisation process: the worldwide interlinking of markets, capital, and production facilitate a slackening of working conditions in developing countries and endanger social achievements in developed industrial states. The article argues that some, not all corporate codes are emergent legal phenomena in the constitutionalisation of private governance regimes. They are no longer mere public relations strategies; rather, they have matured into genuine civil constitutions - after the fashion of constitutional pluralism. Five observable trends are discussed in support of this contention: (I) Juridification, (II) Constitutionalisation, (III) Judicialisation, (IV) Hybridisation, and (V) Intermeshing.
Keywords: corporate governance, globalisation, constitution
JEL Classification: G3, K, K1, K12
Suggested Citation: Suggested Citation