Post by Sapphire Capital on Oct 10, 2008 21:06:51 GMT 4
Shadows and Light: Addressing Information Asymmetries Through Enhanced Social Disclosure in Canadian Securities Law
Aaron A. Dhir
Osgoode Hall Law School, York University
September 5, 2008
CLPE Research Paper No. 27/2008
Abstract:
This article explores the relationship between social disclosure and corporate accountability in Canada. I begin by reviewing the extent to which Canadian companies have reported social information and the degree to which such disclosure is actually required under securities law. This is followed by a set of recommendations that I hope will serve to enhance the disclosure landscape. I then turn my attention to the potential benefits social disclosure can provide in terms of the overall human rights project. I explore this issue with reference to the broader theoretical frameworks of new governance and reflexive law. I argue that social disclosure has the potential to empower human rights conscious shareholders with information that can be used to engage corporate management in dialogue and influence corporate operations. I further contend that a movement towards enhanced social disclosure should be viewed as the corollary of recent developments in Canadian corporate law involving directors' and officers' fiduciary obligations.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1265571_code390769.pdf?abstractid=1263925&mirid=1
Aaron A. Dhir
Osgoode Hall Law School, York University
September 5, 2008
CLPE Research Paper No. 27/2008
Abstract:
This article explores the relationship between social disclosure and corporate accountability in Canada. I begin by reviewing the extent to which Canadian companies have reported social information and the degree to which such disclosure is actually required under securities law. This is followed by a set of recommendations that I hope will serve to enhance the disclosure landscape. I then turn my attention to the potential benefits social disclosure can provide in terms of the overall human rights project. I explore this issue with reference to the broader theoretical frameworks of new governance and reflexive law. I argue that social disclosure has the potential to empower human rights conscious shareholders with information that can be used to engage corporate management in dialogue and influence corporate operations. I further contend that a movement towards enhanced social disclosure should be viewed as the corollary of recent developments in Canadian corporate law involving directors' and officers' fiduciary obligations.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1265571_code390769.pdf?abstractid=1263925&mirid=1