Beyond Compliance: Sustainable Development, Business, and Proactive Law

58 Pages Posted: 17 Mar 2015

See all articles by Gerlinde Berger-Walliser

Gerlinde Berger-Walliser

University of Connecticut - School of Business; University of Connecticut - School of Law

Paul Shrivastava

Concordia University, Quebec - John Molson School of Business

Date Written: March 16, 2015

Abstract

Scholarly work shows that the existing legal framework for sustainable development is insufficient, cautious, incremental, and incomplete. Despite public and private efforts to address sustainable development, environmental and social problems and conditions continue to worsen. This Article posits that the status quo is a direct result of the systemic failure to recognize the potential for a synergistic relationship between the private and public sectors to create a comprehensive, yet effective, regulatory framework. Based on an analysis of the current national and international legal framework and alternative regulatory approaches in the “New Governance” literature, this Article aims to engage law, science and sustainable business to determine the best way to develop a governance regime for sustainable development based on “Proactive Law”.

Keywords: Sustainable Development, New Governance, Regulation, Proactive Law

JEL Classification: K20, K32, K33, M14, N40, N5

Suggested Citation

Berger-Walliser, Gerlinde and Shrivastava, Paul, Beyond Compliance: Sustainable Development, Business, and Proactive Law (March 16, 2015). Georgetown Journal of International Law, Vol. 46, No. 2, 2015, Available at SSRN: https://ssrn.com/abstract=2578998

Gerlinde Berger-Walliser (Contact Author)

University of Connecticut - School of Business ( email )

368 Fairfield Road
Storrs, CT 06269-2041
United States

University of Connecticut - School of Law ( email )

65 Elizabeth Street
Hartford, CT 06105
United States

Paul Shrivastava

Concordia University, Quebec - John Molson School of Business ( email )

1455 de Maisonneuve Blvd. W.
Montreal, Quebec H3G 1M8
Canada

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