Private Law Theory

Abstract:
While legal academia primarily focuses on national and comparative approaches to fiduciary responsibility, the arena in which corporate responsibility is most pressing is that of transnationally active companies. This response article discusses national debates on such approaches in the US (Delaware) and the Netherlands, and contrasts those with the emerging sphere of transnational corporate governance. It argues that since directorial responsibility is closely interconnected with the market’s fiduciary standards, regulatory approaches to directorial fiduciary duties should be facilitative rather than substantive. In doing so, the article explores aspects of responsibility and legal pluralism, targeted transparency, integrity, second- and third-party controlling, and socially responsible investing.

de Roo, Koen, Directors’ Fiduciary Duties Beyond the Nation State (January 11, 2016). Ars Aequi, 2016, forthcoming.

First posted 2016-03-07 05:48:45