Nouvelle publication !

L’ouvrage Mapping Legal Innovation (Antoine Masson et Gavin Robinson, dir.) vient d’être publié chez Springer. Quel plaisir de le recevoir à mon bureau !

Pour rappel, je publie un chapitre dedans intitulé : « CSR Perspectives About Innovation in Canadian Corporate Law: An Ex Ante/Ex Post Approach?« .

Voici le résumé : Innovation is developing to answer certain needs and the law adapts itself to this reality. Innovation thus brings corporate law to progress. In this field, the law is facing a major innovation: the outburst of concerns related to corporate social responsibility and social finance. This chapter analyses innovation of which corporate law is the main topic of study in Canada through a staunch desire to think differently about the economic model and to strengthen the ties between trade and social missions. Based on the categorisation of Professor Frison-Roche, innovation of Canadian corporate law is studied through the ex ante and ex post approaches. On the one hand, innovation is feeble in connection with the enactment of new rules (ex ante innovation). Following a new regulatory proposal, this innovation only remains active through current debates. While American corporate law has put forward new hybrid corporate structures adhering to an expanded form of corporate law; Innovation, Science and Economic Development Canada has only launched, in 2013, a consultation bid. Recently, British-Columbia is the only province that has adopted a hybrid corporate law structure: the Community Contribution Company. On the other hand, several audacious jurisprudential stances demonstrate that ex post innovation has significantly progressed more rapidly (ex post “d’intendance” and autonomous ex post). Canadian corporate law innovates by implementing goals which are attributed to conventional businesses, thereby enabling them to implement activities of social nature and to question the dogma of shareholder value. As illustrated by the dichotomy between human rights and the financial interest of corporations, however, Canadian corporate law also innovates in the legal responsibility area in which large corporations were set up.

Ce contenu a été mis à jour le 12 mai 2021 à 12 h 21 min.