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Edited by Alice de Jonge and Roman Tomasic

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Edited by Alice de Jonge and Roman Tomasic

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Edited by Alice de Jonge and Roman Tomasic

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Alice de Jonge

This chapter begins by introducing the history of the modern TNC since the founding of the United Nations in 1945. Part 2 is then devoted to charting the gradual evolution of regulatory norms aimed at shaping TNC behaviour – norms which have taken shape at corporate level, at industry sector level, at national level and in international forums. Finally, Part 3 highlights three recent developments with important implications for the future direction of the TNC in global society – the drafting of a new instrument on TNCs and human rights, the move towards taxation accountability for TNCs indicated in the OECD’s BEPS initiatives, and the ‘carving out’ of areas of national policy, including environment and health, to protect them from challenge under the ISDS provisions of the recently agreed TPP. Three themes are identified in the evolution of the modern concept of corporate social responsibility, and thus of the modern TNC – an evolving acceptance of increased transparency; an evolving acceptance of increased levels of accountability; and a move towards greater availability of effective remedies for individuals and groups detrimentally impacted by TNC behaviour.
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Edited by Alice de Jonge and Roman Tomasic

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Edited by Alice de Jonge and Roman Tomasic

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Edited by Alice de Jonge and Roman Tomasic

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Bo Xie

Chapter 1 deals with the concept of and approaches to ‘corporate rescue’ and examines the theoretical debate on the goals of insolvency law and corporate rescue, and how those various and sometimes competing goals could be effectively served. It further considers the advantages of the pre-pack approach in corporate rescue and questions whether this pragmatic approach to rescue is capable of accommodating different goals in corporate rescue, in the absence of an agreed working standard against which to measure these goals.
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  • Elgar Research Reviews in Law

Claire A. Hill and Brett H. McDonnell