The New Geographies of Corporate Governance

105 Pages Posted: 24 Apr 2020 Last revised: 10 Dec 2020

See all articles by Dionysia Katelouzou

Dionysia Katelouzou

King's College London - The Dickson Poon School of Law; Transnational Law Institute

Peer C. Zumbansen

McGill University, Faculty of Law; King’s College London, Dickson Poon Transnational Law Institute

Date Written: April 13, 2020

Abstract

Today, the business corporation is ubiquitous. Incorporated according to local and national laws, it exists and functions in an almost borderless physical and digital space that regulators find hard to penetrate. As a global actor of enormous economic and political weight, the corporation is both immersed in and shaped by borderless financial flows. In response, over the past few decades, corporate governance has continued to evolve as a complex assemblage of laws, regulations, guidelines, standards, and corporate self-regulation. But, given the corporation’s powerful position in society, corporate governance is no longer perceived to only concern relationships between managers and investors, but to also encompass a much wider range of the firm’s stakeholders, including employees, contractors, suppliers, communities and the environment. In light of these developments, this Article focuses on corporate governance as a transnational field of regulatory norm production, policymaking and political contestation. With the corporation itself as the key organizational and financial vehicle for global markets, questions regarding political, democratic engagement with the corporation continue to produce frustrating answers. In our Article, we develop an analysis that combines a historical, sociological, and political economy investigation into how the corporation has been governed by law over time. The research featured in this Article reveals a significant proliferation, nationally and transnationally, of norm producers in and around the corporation, offering important insights into the relationship between markets and political governance, and into the way in which, going forward, we might rethink existing notions of public and private authority, accountability, and responsibility.

Keywords: Corporate Governance; financialization; privatization; public-private law making; transnational corporations; shareholder value maximization; corporate social responsibility; business & human rights; private power; disclosure; directors’ duties; due diligence; climate change and sustainability; stew

Suggested Citation

Katelouzou, Dionysia and Zumbansen, Peer C., The New Geographies of Corporate Governance (April 13, 2020). TLI Think! Paper 12/2020, Available at SSRN: https://ssrn.com/abstract=3575009 or http://dx.doi.org/10.2139/ssrn.3575009

Dionysia Katelouzou

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, London WC2R 2LS
United Kingdom

Transnational Law Institute ( email )

London, England WC2R 2LS
United Kingdom

Peer C. Zumbansen (Contact Author)

McGill University, Faculty of Law ( email )

3644 Peel Street
Montreal, Quebec H3A 1W9
Canada

HOME PAGE: http://https://www.mcgill.ca/law/

King’s College London, Dickson Poon Transnational Law Institute ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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