Sustainability and the Move from Corporate Governance to Governance Through Contract
In Beate Sjåfjell and Christopher M. Bruner (eds), Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability (Cambridge University Press, 2019), Chapter 5.
Posted: 8 May 2019 Last revised: 15 Jun 2020
Date Written: May 6, 2019
Corporate groups are giving way to contractually organized global value chains, and any effective approach to regulating sustainability must thus account for contractually organized production. This chapter outlines the move from corporate governance to governance through contract in organizing production and the general effects of this move on sustainability regulation, and presents one approach towards conceptualizing control in contractually organized value chains. It then discusses recent approaches related to private governance, private law liability, and public regulation that are aimed at developing sustainability in contractually organized global value chains.
Keywords: global value chains, contractual governance, private governance, supply chain litigation
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