Ethical Transnational Corporate Activity at Home and Abroad: A Proposal for Reforming Continuous Disclosure Obligations in Australia and the United States

83 Pages Posted: 30 May 2014 Last revised: 10 Oct 2015

See all articles by Sandeep Gopalan

Sandeep Gopalan

Deakin University, Geelong, Australia - Deakin Law School

Katrina Hogan

Clayton Utz - Sydney Office

Date Written: May 29, 2014

Abstract

MNCs establish operations in states with lower legal and ethical standards in areas including the environment, wages, labour standards, human rights, corruption, and company taxation.

Corporate law scholars cannot be indifferent to the horrific consequences – from a contribution to rapes and violent incidents from trade in conflict minerals in the DRC to the killing of workers due to poor conditions in garment manufacturing units in Bangladesh. We advance a normative argument for clarifying and strengthening the existing model of disclosure-based regulation to hold MNCs accountable.

Keywords: corporate governance, supply chain, transnational business, human rights, ethics, continuous disclosure, ASX, NYSE listing rules, Reg S-K

JEL Classification: D21, D24, D63, D82, G15, G18, J38, K22, K31, K33, M14, N27, N50

Suggested Citation

Gopalan, Sandeep and Hogan, Katrina, Ethical Transnational Corporate Activity at Home and Abroad: A Proposal for Reforming Continuous Disclosure Obligations in Australia and the United States (May 29, 2014). Columbia Human Rights Law Review, Vol. 46, No. 2, 2015, Available at SSRN: https://ssrn.com/abstract=2443282 or http://dx.doi.org/10.2139/ssrn.2443282

Sandeep Gopalan (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

Katrina Hogan

Clayton Utz - Sydney Office ( email )

Sydney NSW 1215
Australia

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