Prior to the establishment of the non-judicial Australian Takeovers Panel in 2001, takeover litigation before the courts rarely led to an appeal to a higher court; for commercial reasons, many cases were settled before a final judicial resolution was reached. Before the introduction of the...

This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their shareholders. When a corporation approaches or enters insolvency, however, courts have recently found that the fiduciary duty calculus may change. Recognizing that creditors have financial...

The article deals with the question of whether and why corporations are human rights subjects by analysing the different approaches of regional economic courts and regional human rights courts. For some of these courts, protecting corporate human rights is the natural response to the key role...

As green business practices grow in popularity, so does the temptation to “greenwash” one's business to appear more environmentally and socially responsible than it actually is. We examined this phenomenon in an earlier paper, using BP and the Deepwater Horizon catastrophe as a case study...

The explosion of the BP-leased Deepwater Horizon and subsequent oil spill stands as an indictment not just of our national energy priorities and environmental law enforcement; it equally represents a failure of Anglo-American corporate law and what passes for corporate social responsibility in...

Focusing on the expanding realm of international adjudication, this paper approaches justice from the domain of the empirical and shows - through a careful, interview-based case-study analysis in the WTO-EU context - that justice in the transnational context is not only a contested concept, but...