Download this Paper Open PDF in Browser

Shareholder Engagement in the Embedded Business Corporation: Investment Activism, Human Rights and TWAIL Discourse

22 Pages Posted: 10 Jun 2009 Last revised: 12 Apr 2011

Aaron A. Dhir

Osgoode Hall Law School ; Yale Law School

Date Written: June 8, 2009

Abstract

The expansion of Canadian extractive corporations' overseas business operations has led to serious concerns regarding human rights-related impacts. As these apprehensions grow, we see a countervailing rise in calls for government intervention and in levels of socially conscious shareholder advocacy. I focus on the latter as manifested in recent use of the shareholder proposal mechanism found in Canadian corporate law. Shareholder proposals, while under-theorized, provide a valuable lens through which to consider the argument that economic behaviour is embedded within social relations. In doing so, I situate my analysis within Third World Approaches to International Law (TWAIL) scholarship. Elsewhere, I have supported the use of corporate law tools in advancing the international human rights enterprise and argued that investment activism can be an essential component of this advancement. This paper represents a reflexive pause. I seek to problematize the shareholder proposal as a human rights advocacy tool and to examine it as a site of contestation.

Keywords: Corporate law, shareholder rights, corporate accountability, Third World Approaches to International Law

Suggested Citation

Dhir, Aaron A., Shareholder Engagement in the Embedded Business Corporation: Investment Activism, Human Rights and TWAIL Discourse (June 8, 2009). Osgoode CLPE Research Paper No. #12/2009. Available at SSRN: https://ssrn.com/abstract=1416198 or http://dx.doi.org/10.2139/ssrn.1416198

Aaron A. Dhir (Contact Author)

Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
(416) 736-5224 (Phone)
(416) 736-5736 (Fax)

HOME PAGE: http://www.osgoode.yorku.ca/faculty-and-staff/dhir-aaron-a/

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
(203) 432-8294 (Phone)

HOME PAGE: http://www.law.yale.edu/faculty/ADhir.htm

Paper statistics

Downloads
335
Rank
73,977
Abstract Views
1,575