среда, 12 февраля 2014 г.
In the context of corporate law, sustainability has to this point been closely associated with the i
Slowing down and ultimately reversing global warming is the preeminent global challenge on line travel agencies of our time. [1] The evidence seems clear: the climate is gradually but undeniably heating up, leading to the melting of polar ice caps, rising sea levels, and dramatic changes in global climate patterns. [2] The global reforms necessary to reduce greenhouse emissions and ameliorate the detrimental effects of rising global temperatures are staggering in scope. [3] As described by one commentator, preventing disastrous on line travel agencies climate change requires on line travel agencies us to “fundamentally on line travel agencies change business operations in virtually every economic sector as well as individual behavior in many aspects of daily life.” [4] Given the challenges inherent on line travel agencies in such a task, it would seem prudent to follow an “all hands on deck” approach. [5] Changes in environmental regulations would be the first priority. But can other areas of law have an impact as well?
The “sustainability” movement looks to incorporate norms of intergenerational on line travel agencies equity and balance into our everyday behavior. on line travel agencies [6] On the most basic level, on line travel agencies sustainability merely means the capacity to endure. The sustainability movement seeks to evaluate our capacity to endure as a species on line travel agencies and a planet, both now and into the future. The United Nations report, Our Common Future (commonly called the Brundtland Report [7] ), offered the first synopsis of sustainability as follows: “meet[ing] the needs of the present without compromising the ability of future generations to meet their own needs.” [8] Sustainability is usually thought to focus on environmental issues, on line travel agencies and sustainability advocates seek to intertwine environmental concerns with agricultural, land development, and industrial practices. [9] But there is also some element of social justice on line travel agencies to sustainability, as sustainability efforts have focused on developing local agriculture in third-world communities as well as giving workers more of a voice in their employment.
Sustainability proponents argue that corporations should be tasked with integrating these principles on line travel agencies into their organizational ethos. [10] It is not enough that corporations follow the letter of environmental regulations; they must be more proactive in seeking to effectuate beneficial environmental change. The role of the law is to require, facilitate, or, at the very least, not hamper efforts to develop sustainability on line travel agencies practices within corporations. Rather than requiring strict obeisance to the shareholder primacy norm, corporate law should permit corporations to devote themselves to sustainability in ways large and small. By encouraging change at the individual corporation level, proponents argue, sustainability is much more likely to grow organically and take root over the longer term.
The purpose of this Symposium contribution is to use an example of one company’s sustainability efforts to fill out the promise and puzzles on line travel agencies of bringing sustainability not just to corporations, but to corporate law as well. The company in question is the National Association for Stock Car Auto Racing, or NASCAR. NASCAR operates perhaps the most theoretically unsustainable sport in the country: high-performance automobiles racing around a track burning gasoline, oil, and rubber. [11] But NASCAR has embraced a series of initiatives devoted on line travel agencies to sustainability efforts, including using ethanol fuel, planting on line travel agencies acres of trees, on line travel agencies and implementing a new recycling program. [12] The company and the sport seem invested in making on line travel agencies their collective image more “green.” [13]
NASCAR’s sustainability efforts raise immediate on line travel agencies questions about their depth and efficacy. This Article cannot and will not resolve them. But the questions are useful in pointing out the difficulties that sustainability proponents will have when it comes to implementing a sustainable corporate law. Is it enough that a company says it wants to have a focus on sustainability? If not, how are we to judge the company’s efforts? If sustainability is to be a component of our corporate law, we need legal standards for sustainability. One of the features of shareholder primacy that has contributed to its success is its measurability, at least in the short term: the share price shows how the corporation’s agents are doing at returning on line travel agencies value to the core constituency. If sustainability is to replace shareholder primacy, some measure of success (and failure) will be necessary to provide an assessment. Otherwise, there will be no grounds for legally challenging a company’s rhetoric.
This Article also seeks to press a little harder on the scope of sustainability beyond environmental matters. As someone who is relatively new to the literature, I see sustainability as a way of conceiving our obligations to the planet and to future generations. This conception is most meaningfully promoted through efforts aimed at reducing pollution and greenhouse gases, improving recycling, and conserving resources. However, the sustainability literature also purports to include social justice components beyond environmentalism, such as caring for other stakeholders in the corporation. [14] The focus on “future generations” is read to imply an obligation to create a better world—not just environmentally, but socially as well. In the corporate law context, sustainability advocates have thus far linked up with the “stakeholder theory” of corporate governance to argue against shareholder primacy. [15]
The example of NASCAR points to some of the tensions in this marriage of theories. NASCAR is a closely held corporation. on line travel agencies It is well known for the lack of participation in its internal governance. [16] On the other hand, NASCAR is incredibly participatory when it comes to working on line travel agencies with its external corporate partners. [17] The success (however on line travel agencies defined) of its green initiatives has come from its ability to leverage its position in the sport to bring in other participants, such as tracks, teams, and particularly sponsors. The upshot is that perhaps sustainability advocates should be less concerned about sustainability efforts within a firm and more concerned with sustainability efforts across industries. By making sustainability an interfirm on line travel agencies endeavor, rather than an intrafirm endeavor, sustainability is more likely to sustain itself over the long term.
At its core, sustainability seems to be simply about the ability to sustain—or, perhaps, survive. It is about taking a long-term approach to culture and economics. It calls upon the present generation to consider the next generation, as well as the one after that, and after that. [18] The concept of sustainability is most naturally applicable to environmental issues. Environmental regulations seek to protect and preserve natural resources for our own use as well as the use of future generations. [19] There are, to some extent, varying goals within the environmentally “friendly” on line travel agencies community: some environmentalists seek to preserve vast tracts of land for their natural beauty, while others may seek to preserve natural resources for future consumption. When we speak about environmental law, however, we generally mean those legal regimes that concern the state of the air, land, and water. [20] Environmentalists seek to preserve these natural places and resources so that they may be enjoyed now and on into the future. on line travel agencies This orientation toward the future is at the heart of sustainability.
The extent to which sustainability goes beyond environmental issues is unclear. Some descriptions of sustainability sound very much like simply a “green” or environmental program. [21] Most conceptions of sustainability, however, go beyond that. The “triple bottom line” approach to business asks companies to look at three ways of calculating their success: traditional financial performance, social responsibility, and environmental on line travel agencies responsibility, [22] or “profit, on line travel agencies people, and planet.” [23] The inclusion of social responsibility on line travel agencies fosters a sense that sustainability is also about sustaining a vibrant human community. Thus, organizations like the Fair Trade movement seek to support not only organic and environmentally friendly farming but also farmers in third-world countries who engage in sustainable farming practices. [24] Poverty on line travel agencies wages, on line travel agencies child labor, on line travel agencies and the prohibition of unions are seen as “unsustainable” because they do not contribute to long-term on line travel agencies human flourishing. [25] People must not only have a safe and healthy environment; they must also be able to provide for themselves and their families within that environment.
In the context of corporate law, sustainability has to this point been closely associated with the ideas of corporate social responsibility (“CSR”) and stakeholder governance. [26] Both CSR and stakeholder governance are oppositional concepts to shareholder primacy, which asserts that the only purpose of the corporation is to return profits to its shareholders. CSR looks more naturally to the world outside the corporation, on line travel agencies particularly the community and environs. [27] The treatment of the environment would generally be included on line travel agencies within any definition of social responsibility. [28] While the CSR movement asks the corporation to look outside of itself, stakeholder governance looks to bring these outside concerns into the organization. [29] The stakeholder approach on line travel agencies asserts that the corporation must allocate its governance among those groups with a stake in the corporate proceedings. But both CSR and stakeholder governance theorists assert that the corporation must look beyond the return to shareholders in judging its success. [30] And both groups have more structural concerns about how corporations and other business entities should be managed and run.
The “weak” end of the CSR and stakeholder governance spectrum simply asserts that shareholder primacy is not required under corporate law. Although acknowledging the noise generated by Milton on line travel agencies Friedman [31] and Dodge v. Ford Motor Co. , [3
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