This chapter identifies and categorizes theoretical approaches to the regulation of transnational corporations (TNCs), a rapidly growing field of scholarship that is still in flux. Approaches to regulation of TNCs respond to the distinctive issues TNCs raise arising from, for example, their size, form, influence, public–private character, and multi-jurisdictional nature. Their global presence and interconnectedness also create opportunities to advance a wide-range of regulatory purposes, including goals related to development, rights and sustainability. In the decades since the first theory of TNCs was proposed in the 1960s, theoretical approaches for their regulation have developed into a multifaceted, although incomplete, set of theories with which to analyze who, when, why, how, with what effects and for whom TNCs can or should be regulated. This chapter distinguishes six schools of thought: International Legal Theory, Corporate Social Responsibility Theory, Law and Economics Theory, New Governance Theory, Critical Legal Theory, and Law and Religion approaches. The table at the end of this chapter gives an overview of the disciplines used, underlying assumptions, sources of law, key actors and goals of regulation.
Rachel J. Anderson
The ways in which women and girls are affected by, and influence, foreign investment and the environment are underexamined in international law research. In addition, the lack of genderspecific legal or policy analyses and research on gender-disaggregated data results in underdocumented harms and lost potential benefits. This chapter sets out a roadmap for researching the intersection of gender, environment and foreign investment. It discusses the role of gender in the nexus of foreign investment and the environment as well as the role of gender blindness and gender mainstreaming in research, law and policy on these issues. This includes delineating key legal issues set into relief by focusing on the interaction between gender, the environment, and foreign investment. It also provides a tentative framework for developing a robust qualitative body of research on the nexus of gender, the environment and foreign investment and identifies potential issues and directions for future research.