CORPORATE LEGAL REGIMES

Transplantation of corporate legal regimes: promoting better corporate governance

Transplantation of corporate legal regimes: promoting better corporate governance

Introduction

What constitutes legal transfer is revisited later in the Article, but for the present the term is given an expansive meaning that encompasses the transfer of legal meaning by communicative acts across geopolitical and cultural boundaries. This dialogical definition includes written and unwritten communication that is designed to achieve certain regulatory objectives. Researchers discussion stops short of considering the diffusion of philosophy, ethics, literature, and music, although they too may influence the way recipients adopt and implement legal transfers. Finally, this Article is only concerned with one stage of the series of dialogical exchanges that transfer laws and legal principles from donors to recipients. It does not discuss the dialogue between countries and the international agents that transmit laws and legal principles.

There is a vast literature dealing with exchanges in and around international chambers of commerce, international trade organizations (e.g., the World Trade Organization and certain United Nations bodies), international donor agencies (e.g., the World Bank, International Monetary Fund, and bi-lateral aid donors), multinational companies, and international lawyers.

Discussion & Analyses

The idea of corporate governance legal regime transplantation has traditionally been understood as the pursuit of the activities of government or the actions taken by political leaders and government bureaucrats for the benefit of people. During the late 20th century, the term corporate governance legal regime transplantation began to be used more broadly by geographers, political scientists, and other social scientists to refer to activities that not only included government actors and institutions but also notably extended beyond government. The wider actors and institutions involved include civil society, such as nongovernmental organizations, as well as, increasingly, corporate interests. Individual citizens have also been encouraged to actively participate in community-based planning processes. The notion of “good corporate governance legal regime transplantation” in social science parlance signifies the inclusion of the multiple stakeholders who share a common concern, albeit often from conflicting perspectives, toward finding a workable and equitable way forward to manage that shared concern.

This idea has become an important metanarrative for policy analysis in geography and political science. Conceptually, the idea of good corporate governance legal regime transplantation can be applied at various scales and to a range of different concerns. This entry explores the ideas of environmental corporate governance legal regime transplantation, local corporate governance legal regime transplantation, global corporate governance legal regime transplantation, and multilevel corporate governance legal regime transplantation. Environmental Corporate governance legal regime transplantation The term environmental corporate governance legal regime transplantation signifies the pursuit of corporate governance legal regime transplantation with reference to issues that broadly pertain to sustainability issues. The concept of environmental corporate governance legal regime transplantation can occur at the global scale. As with concern about climate change; at the regional scale, as in transboundary watershed management; and at the local scale, as in decision making on recycling initiatives, landfills, or other local environmental issues.

The appropriate scale for addressing environmental corporate governance ...