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Shareholder Engagement in the Embedded Business Corporation: Investment Activism, Human Rights, and TWAIL Discourse

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  • Dhir, Aaron A.

Abstract

The expansion of extractive corporations’ overseas business operations has led to serious concerns regarding human rights–related impacts. As these apprehensions grow, we see a countervailing rise in calls for government intervention and in levels of socially conscious shareholder advocacy. I focus on the latter as manifested in recent use of the shareholder proposal mechanism found in corporate law. Shareholder proposals, while under-theorized, provide a valuable lens through which to consider the argument that economic behaviour is embedded within social relations. In doing so, I situate my analysis within Third World Approaches to International Law (TWAIL) scholarship. Elsewhere, I have supported the use of corporate law tools in advancing the international human rights enterprise and argued that investment activism can be an essential component of this advancement. This paper represents a reflexive pause. Using the case study of a recent proposal submitted to Goldcorp Inc., I seek to problematize the shareholder proposal as a human rights advocacy tool and to examine it as a site of contestation.

Suggested Citation

  • Dhir, Aaron A., 2012. "Shareholder Engagement in the Embedded Business Corporation: Investment Activism, Human Rights, and TWAIL Discourse," Business Ethics Quarterly, Cambridge University Press, vol. 22(1), pages 99-118, January.
    • Handle: RePEc:cup:buetqu:v:22:y:2012:i:01:p:99-118_00
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    Cited by:

    1. Obara, Louise J. & Peattie, Ken, 2018. "Bridging the great divide? Making sense of the human rights-CSR relationship in UK multinational companies," Journal of World Business, Elsevier, vol. 53(6), pages 781-793.
    2. Jennifer Goodman & Céline Louche & Katinka Cranenburgh & Daniel Arenas, 2014. "Social Shareholder Engagement: The Dynamics of Voice and Exit," Journal of Business Ethics, Springer, vol. 125(2), pages 193-210, December.
    3. Riikka Sievänen, 2013. "The non-response of pension funds to climate change and human rights," Journal of Sustainable Finance & Investment, Taylor & Francis Journals, vol. 3(3), pages 204-222, July.
    4. Rachelle Belinga & Blanche Segrestin, 2016. "Proxy voting policies as tools for shareholder engagement in CSR: an exploratory study," Post-Print hal-01312918, HAL.

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