A Key to Saving Our Planet or Colonialism Repackaged?
SYNOPSIS
The “corporate purpose” debate, while extremely important, has largely been built on an understanding of corporate law and governance that is local – jurisdiction bound – while the issue of climate change is global; pollution does not respect jurisdictional borders. Despite this, in practice, states, multinational corporations, and transnational organizations are increasingly using formal and informal mechanisms to shape sustainable corporate governance beyond jurisdictional borders – a colossal development that has been hiding in plain sight.
We develop a taxonomy for identifying and analyzing the forces driving corporate purpose beyond borders: state-based, firm-based, and organization-based “global corporate law and governance”. It demonstrates that the failure to understand these three key pillars of global corporate law and governance overlooks one of the most powerful forces driving sustainable corporate governance of our time.
However, despite the enormous potential of corporate purpose beyond borders to help save our planet, we also illuminate the potential dark side of this watershed development. When powerful states, powerful firms, and powerful organizations shape the purpose of corporations beyond jurisdictional borders, a troubling new question arises: For whom is the new, ostensibly “global” purpose of the corporation being created?
Roza Nurgozhayeva is an Assistant Professor of Law at Nazarbayev University, Kazakhstan. From 2018 to 2020, Roza held the position of a post-doctoral fellow at the Center for Asian Legal Studies, the National University of Singapore Faculty of Law. She holds a Doctor of the Science of Law (J.S.D.) degree from Cornell University.
Dr. Nurgozhayeva is a member of the American Society of International Law. Her research interests include comparative law, corporate governance, corporate law, state-owned enterprises, and sustainable development. She presented her research at leading international universities, including Duke University, Cornell University, University of Oxford, University of Cambridge, University of New South Wales (UNSW), Chinese University of Hong Kong, and the National University of Singapore. Her work has been featured by the Diplomat, Nikkei Asia, the Oxford Business Law Bog, the European Corporate Governance Institute (ECGI) Blog, and the Harvard Law School Corporate Governance Forum.
Dan W. Puchniak is a Professor in the Yong Pung How School of Law (YPHSL) at Singapore Management University, the Director of the YPHSL Centre for Commercial Law in Asia, a Research Member of the European Corporate Governance Institute (ECGI), and the Editor-in-Chief of the ECGI Blog. Dan is an internationally recognized scholar in the field of comparative corporate law and governance, with a focus on Asia. He has received numerous domestic and international awards for his academic research and teaching – most recently, the 2023 Cleary Gottlieb Law Prize.
Dan’s research has been profiled in The Economist, The Japan Times, and The Business Times. His research has pioneered the emerging field of intra-Asian comparative corporate law and governance.
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Please register by 16 May 2024.
Bento Lunch will be served.
DATE
21 May 2024, Tuesday 12pm - 1pm
PROGRAMME
11.45am Registration
12.00pm Introduction
12.05pm Presentation of Paper
12.35pm Q & A
1.00pm End of Seminar
(There will be a coffee session with Dr. Roza Nurgozhayevafor SMU Faculty only, from 3pm - 4pm in MR5.04)
VENUE
Singapore Management University Yong Pung How School of Law Level 5, Meeting Room 5.04 55 Armenian Street Singapore 179943