Trade, Investment and Corporate Sustainability

In Beate Sjåfjell and Christopher M. Bruner (eds), Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability (Cambridge University Press, 2019), Chapter 2.

University of Oslo Faculty of Law Research Paper No. 2019-07

Posted: 8 May 2019 Last revised: 15 Jun 2020

See all articles by Clair Gammage

Clair Gammage

University of Bristol - School of Law

Tonia Novitz

University of Bristol - School of Law

Date Written: May 6, 2019

Abstract

This chapter argues that capacity for corporate sustainability is shaped by over-arching rules determining trade and investment relations, but also that companies play a part in constructing those rules and their application. In this way, transnational state and corporate conduct are symbiotic, mutually capable of shaping each other. The General Agreement on Tariffs and Trade and the General Agreement on Trade in Services within the framework of the World Trade Organisation mediate the terms of import and export of goods and services, affecting corporate management of supply chain arrangements, but corporate influence also affects those rule-making and rule-administering processes. We investigate the capacity for norms promulgated through free trade agreements to affect the parameters of sustainable corporate conduct. Finally, we analyse the powers of corporations as investors, bearing in mind the current fragmented regime operating under international investment law alongside scope for reform.

Keywords: WTO, GATT, GATS, supply chains

Suggested Citation

Gammage, Clair and Novitz, Tonia A., Trade, Investment and Corporate Sustainability (May 6, 2019). In Beate Sjåfjell and Christopher M. Bruner (eds), Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability (Cambridge University Press, 2019), Chapter 2., University of Oslo Faculty of Law Research Paper No. 2019-07, Available at SSRN: https://ssrn.com/abstract=3383388

Clair Gammage (Contact Author)

University of Bristol - School of Law

Wills Memorial Building
Queen's Road Clifton
Bristol BS8 1RJ, BS8 1RJ
United Kingdom

Tonia A. Novitz

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol BS8 1RJ, BS8 1RJ
United Kingdom

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