Demand for corporate non-financial “environmental, social, and governance” (ESG) information from investors and governments is on the rise globally, and leading securities regulators and stock exchanges worldwide now encourage or mandate its disclosure by large firms. However, rising demand...

A publicly-held corporation maintains a system of governance through separation of ownership and control of the firm. Under this framework, corporations attract capital and repatriate profits to their shareholders under the authority vested in the board of directors. However, significant...

Compliance is a core concern for corporate governance. Firms devote tremendous amounts of money, personnel, and attention to ensure compliance with regulatory mandates — and yet compliance failures proliferate. This is because the current static and binary view of compliance hinders both...

When we think about the legal drivers of globalization, why does the free movement of people lag so far behind the free movement of goods and services? While agreements to lower barriers to cross-border trade are enforced by global legal rules and institutions, national governments indisputably...

Sovereigns are unique market participants in the global financial system, and sovereign debt markets largely operate in a legal and regulatory void. This Article adds an important and timely perspective by examining the concept of equity in sovereign debt finance. Governments, unlike...

The collapse of the Doha “Development” Round of WTO trade negotiations marked the end of a decade of dashed hopes and recriminations. Drawing on the insights of international relations theory and comparative political institutionalism, this Article suggests that Doha’s demise can be...

How will the American worker compete in the international economy? This Article considers this question and the broader issues that it implicates by examining an oft-neglected aspect of international economic law. The focus of this Article is trade adjustment assistance (TAA), which provides...

This chapter addresses debt-based investing as a driver for global sustainability. Loans, bonds, and other forms of debt constitute a substantial proportion of the capital that corporations use to finance their operations and offer a distinct set of legal tools to influence corporate conduct....

This Article examines the role of the global financial markets in promoting sustainability and the governance challenges arising from this phenomenon. A growing range of financial instruments and strategies catalyze the desire of investors and corporations to support environmentally and socially...

Growing socio-economic inequality poses one of the greatest challenges to society, thereby raising new questions about the responsibility of corporations to address its effects. Inequality also poses material risks on business performance, including inefficient production, reduced innovation,...