Dr Shuangge Wen

LACM20 International Corporate Law and Governance

A spate of high-profile corporate failures over the past few decades have called for detailed examination and investigation of the legal and financial backdrop against which these disasters have been played out. Issues including the role, duties and liabilities of directors, the function of shareholders and various stakeholders, and importantly, the part played by the professional agents of theses separate organs of the company, have become a compelling focus for company lawyers and other corporate regulators on a global scale. The effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. The second part of the module focusses on these `governance gaps¿, as identified by Professor John Ruggie, the UN¿s Special Representative, and considers how they may be closed. We shall examine the status of corporations under international law, the civil liability of corporations for their participation in international crimes, and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles In the first semester, we aim to provide students an overall knowledge and appreciation of company law and other forms of governance in the contemporary environment, with a specific focus on the UK perspective. Recent changes in this field will also be explored, to discover how the legal system encourages the practical transition to a more sustainable corporate culture. In the second semester, we will provide a comprehensive analysis of the major legal issues emanating from the trans-border operations of multinational enterprises. We examine the commercial concerns of transnational companies against the context of the national, regional and international regimes governing labour, human rights, environmental, sustainable development and corporate social responsibility issues. We will also consider the regulatory choices open to policy makers at both home and host states of multinational enterprises. This module will provide a strong platform for students intending to utilize their knowledge in the global market.