A Cosmopolitan Court for Transnational Corporate Wrongdoing: Why Its Time Has Come

In the absence of any institution for imposing legal liability on global business, the idea of instituting a cosmopolitan court for international corporate offenses is advocated. The proposal is then critically examined and defended in light of a number of key objections. Having both civil and crimi...

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Bibliographic Details
Published in:Journal of business ethics
Main Author: Jackson, Kevin T. (Author)
Format: Electronic Article
Language:English
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Published: Springer Science + Business Media B. V 1998
In: Journal of business ethics
Further subjects:B Multinational Corporation
B Multinational Firm
B Transnational Corporate
B Global Standard
B Legal System
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Description
Summary:In the absence of any institution for imposing legal liability on global business, the idea of instituting a cosmopolitan court for international corporate offenses is advocated. The proposal is then critically examined and defended in light of a number of key objections. Having both civil and criminal jurisdiction, such a tribunal could benefit domestic and international legal systems, multinational corporations, and victims of transnational and international corporate misdeeds. By laying down minimal global standards of corporate liability, resolving conflicts between the regulatory activities of national legal systems, and affording redress for aggrieved parties in countries with inadequate legal infrastructures, the tribunal would promote the objectives of compensatory, distributive, procedural and retributive justice at the global level. Moreover, the court would assist corporations by translating compliance with minimum ethical standards to the bottom line. Ethical corporations will gain competitive advantage relative to unscrupulous firms, since the latter'ss activities will be sanctioned. The international community need not leave obedience to basic norms up to the voluntary good-will and discretion of multinational firms.
ISSN:1573-0697
Contains:Enthalten in: Journal of business ethics
Persistent identifiers:DOI: 10.1023/A:1005728731911