Corporate Impact on the Environment and the Judicial Development of the Norm of Corporate Sustainability: Implications for the Implementation of the UN Global Compact

Abstract

Purpose

This chapter examines and illustrates the judicial treatment of relevant concepts and norms of corporate sustainability and relevant implications for the implementation of the UN Global Compact.

Methodology/approach

This is a conceptual examination of relevant legislation, cases and concepts used by judges in giving practical content to the concepts of ‘sustainable development’, ‘sustainability’ and ‘corporate sustainability’.

Findings

The judiciary has been fashioning applicable policy, resolving and balancing the clash of interests, setting guidelines and parameters for statutory interpretation in elucidating the concept of corporate sustainability. To that extent ‘corporate sustainability law’ is developing, not only in municipal public law where legislation is the key driver, but as ‘soft’ international law.

Research limitations/implications

This is a general survey of trends in judicial reasoning from different countries and legal traditions and is not applicable exclusively to any jurisdiction. The implication is that there is room for detailed study of applicable rules in each jurisdiction.

Practical implications

The chapter offers guidance for strategic implementation of the Global Compact, compliance to emergent obligatory principles, for shaping policy and corporate political management.

Originality/value

This chapter contributes to an understanding of the role and impact of the judiciary in developing corporate sustainability law and congruent principles of the Global Compact.

Citation

Ajai, O. (2015), "Corporate Impact on the Environment and the Judicial Development of the Norm of Corporate Sustainability: Implications for the Implementation of the UN Global Compact", Beyond the UN Global Compact: Institutions and Regulations (Advances in Sustainability and Environmental Justice, Vol. 17), Emerald Group Publishing Limited, Leeds, pp. 93-116. https://doi.org/10.1108/S2051-503020150000017013