No one doubts any longer that sustainable development is a normative
imperative. Yet there is unmistakably a great reluctance to
acknowledge any legal basis upon which companies are obliged to forgo
‘shareholder value’ when such a policy clearly dilutes
responsibility for company action in the face of continuing
environmental degradation.
Here is a book that boldly says: ‘Shareholder primacy’ is wrong.
Such a narrow, short-term focus, the author shows, works against the
achievement of the overarching societal goals of European law itself.
The core role of EU company and securities law is to promote economic
development, notably through the facilitation of market integration,
while its contributory role is to further sustainable development
through facilitation of the integration of economic and social
development and environmental protection. There is a clear legal basis
in European law to overturn the poorly substantiated theory of a
‘market for corporate control’ as a theoretical and ideological
basis when enacting company law.
With rigorous and persuasive research and analysis, this book
demonstrates that:
* European companies should have legal obligations beyond the
maximization of profit for shareholders;
* human and environmental interests may and should be engaged with
in the realm of company law; and
* company law has a crucial role in furthering sustainable
development.
As a test case, the author offers an in-depth analysis of the Takeover
Directive, showing that it neither promotes economic development nor
furthers the integration of the economic, social and environmental
interests that the principle of sustainable development requires.
This book goes to the very core of the ongoing debate on the function
and future of European company law. Surprisingly, it does not make an
argument in favour of changing EU law, but shows that we can take a
great leap forward from where we are. For this powerful insight –
and the innumerable recognitions that support it – this book is a
timely and exciting new resource for lawyers and academics in ‘both
camps’: those on the activist side of the issue, and those with
company or official policymaking responsibilities.
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A Normative Analysis of the Objectives of EU Law, with the Takeover Directive as a Test Case
Produktdetaljer
ISBN
9789041144515
Publisert
2020
Utgiver
Vendor
Kluwer Law International B.V
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter