Towards Social and Ecological Corporate Governance
Einde inhoudsopgave
Towards Social and Ecological Corporate Governance (IVOR nr. 132) 2024/177:177 Calls for reform raise several legal issues.
Towards Social and Ecological Corporate Governance (IVOR nr. 132) 2024/177
177 Calls for reform raise several legal issues.
Documentgegevens:
mr. R.A.G. Heesakkers, datum 23-12-2023
- Datum
23-12-2023
- Auteur
mr. R.A.G. Heesakkers
- JCDI
JCDI:ADS944603:1
- Vakgebied(en)
Ondernemingsrecht (V)
Toon alle voetnoten
Voetnoten
Voetnoten
See section 1.1, nr. 1-2, for a detailed description of the background to this thesis.
See for example EU Corporate Sustainability Due Diligence Directive (CSDDD) 2022; Dutch International Corporate Social Responsibility Act 2020; Dutch Stewardship Code 2018; Winter, De Jongh et al 2020; also Winter, De Jongh et al 2021.
See Figure 5 in section 2.5, nr. 47, above for an overview of all twelve issues.
Deze functie is alleen te gebruiken als je bent ingelogd.
Similar to public governments, NGOs and other organizations, modern corporations have an important role to play in the transition towards a more sustainable and equitable economy.1 In order for corporations to be able to adopt this role, multiple suggestions have been made in recent years for the reform of Dutch corporate law, through legislative proposals, non-binding initiatives and general academic and public debate.2 In response to this call for corporate legal reform, I have aimed at identifying the underlying issues raised by the inclusion of social and ecological interests in corporate governance. I have also explored potential pathways for overcoming them. The guiding question throughout this thesis has been how social and ecological interests should be included in the position of the board in Dutch corporate governance. The ultimate aim of my exploration has been to articulate a comprehensive approach capable of guiding and evaluating the proposals made for corporate legal reform.
To that end, I have started in chapter 2 with an analysis of the current legal position of the board in relation to social and ecological interests. This legal analysis has focused on three aspects of the board in Dutch corporate law, being (i) its responsibility towards social and ecological interests, (ii) its autonomy in relation to including social and ecological interests in its governance, and (iii) its accountability for interference with social and ecological interests. Throughout this analysis I have identified twelve issues for further research, such as the definition of durable success in relation to the needs of society and the natural environment, the engagement of social and ecological stakeholders, and the specific responsibilities of the supervisory board towards social and ecological interests.3