The commons, the common good and extraterritoriality: seeking sustainable global justice through corporate responsibility

Wen, S. and Zhao, J. ORCID: 0000-0001-6430-2356, 2020. The commons, the common good and extraterritoriality: seeking sustainable global justice through corporate responsibility. Sustainability, 12 (22): 9475. ISSN 2071-1050

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Despite their laudable intent, extraterritorial legal initiatives to promote corporate sustainability development have not been well received in practice, and are often seen as a window-dressing exercise. This article aims to conduct a conceptual and doctrinal analysis, offering a theoretical foundation that interprets corporate extraterritorial legislative attempts as legitimate in the context of globalisation, using the lens of “the commons” and “the common good”. We try to link the values and dimensions of “the commons” to the goals of corporate extraterritorial legislation, so that lawmaking attempts with extraterritorial reach will gain additional foundational support and achieve more effective and better controlled compliance. In particular, the article makes an original attempt to justify and develop a new notion, namely “the extraterritorial commons”. This notion is in harmony with, rather than contradicting, progressive legal attempts to address the mismatching and conflicting nature of the relationship between the traditional voluntarism of corporate extraterritorial responsibilities, particularly in relation to sustainability issues, and global trends towards more regulation in this area.

Item Type: Journal article
Publication Title: Sustainability
Creators: Wen, S. and Zhao, J.
Publisher: MDPI
Date: 14 November 2020
Volume: 12
Number: 22
ISSN: 2071-1050
Rights: © 2020 by the authors. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (
Divisions: Schools > Nottingham Law School
Record created by: Jeremy Silvester
Date Added: 18 Nov 2020 09:55
Last Modified: 31 May 2021 15:11

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