Directors’ Duties to the Company and Minority Shareholder Environmental Activism

Company and Securities Law Journal 28-49 (2004)

22 Pages Posted: 8 Jan 2014

See all articles by Shelley Bielefeld

Shelley Bielefeld

School of Regulation and Global Governance (RegNet); Griffith University - Griffith Law School

Sue Higginson

Southern Cross University

Jim Jackson

Southern Cross University - Law

Aidan Ricketts

James Cook University

Date Written: 2004

Abstract

The ideological chasm between environmentalism and a profit driven corporate agenda at times seems insurmountable. Environmental regulation at present is highly reliant upon statutory regulation and governmental intervention whilst corporations law is based to the greatest extent possible on an ideology of non-interventionist, free-market, profit driven capitalism. Despite this, company law remedies, largely unexplored by environmentalists, may provide novel scope to challenge the poor environmental behaviour of directors of corporations. This article examines the possible ways in which standard common law and statutory remedies in company law can be called in aid of the environment.

Keywords: Environmental Protection using Corporate Law, Directors Duties, Minority Shareholder Activism

Suggested Citation

Bielefeld, Shelley and Bielefeld, Shelley and Higginson, Sue and Jackson, Jim and Ricketts, Aidan, Directors’ Duties to the Company and Minority Shareholder Environmental Activism (2004). Company and Securities Law Journal 28-49 (2004) , Available at SSRN: https://ssrn.com/abstract=2376086

Shelley Bielefeld (Contact Author)

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

School of Regulation and Global Governance (RegNet) ( email )

Canberra, Australian Capital Territory 2601
Australia

Sue Higginson

Southern Cross University ( email )

Lismore, New South Wales
Australia

Jim Jackson

Southern Cross University - Law ( email )

United States

Aidan Ricketts

James Cook University ( email )

Cairns, Queensland 4878
Australia

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