Taking the Canadian Ombudsperson for Responsible Enterprise (CORE) as its empirical focus, this study engages in a critical analysis of (capitalist) state regulation and corporate social responsibility as it relates to the Canadian extractive industry. Using a theoretical-analytical combination of Marx’s ideology theory and critical discourse analysis, the study explores discourses pertaining to the introduction, creation, and role of the CORE – the Canadian state’s most recent response to corporate harms and crimes within the industry – to uncover the factors that shaped this process. Further informed by critical criminological literature on corporate crime, the study found that dominant neoliberal capitalist narratives prevailed in determinations of which regulatory approach should be adopted by the state. Dominant voices sidetracked counter-hegemonic claims in debates about human rights and international development by prioritizing the economy, leaning on Canada’s “good” global reputation, downplaying the violence of the industry, and redirecting blame. Ideological assumptions about the nature of state regulation, corporations, and capitalist law and politics further influenced which knowledge claims “won out.” Despite the emergence of the CORE as a logical state response to corporate crime and impunity, however, debates about its role are ongoing. This not only reinforces the idea that (capitalist) dominance is never absolute but signals the ever-present nature of resistance and possibility for change.

Research Doctorate - Doctor of Philosophy (PhD) / This thesis contributes to debates regarding the future of organised labour, the ability of global civil society networks to influence the practices of powerful institutions, and the value of non-state forms of corporate regulation. It focuses on the anti-sweatshop movement’s campaigns targeting three transnational corporations (TNCs) which design and market sportswear—Nike, Reebok and Adidas. These three TNCs are members of the Fair Labour Association (FLA), a voluntary, non-state regulatory system negotiated between participating companies and a number of civil society organisations. The thesis assesses how the FLA’s processes, the companies’ own labour programs, and interventions by labour activists are combining to influence sportswear workers’ rights to form trade unions and bargain collectively. The thesis is based on decentred, institutionalist characterisations of the firm and its regulation. From this perspective, an effective system for regulating corporate labour practices must powerfully insert discourses promoting workers’ rights into the internal debates, power plays and resulting regularised processes which produce corporate behaviour. Whereas many theoretical approaches portray voluntary regulatory initiatives as antithetical to state regulation, this thesis is influenced by those institutionalist thinkers who argue that effective voluntary initiatives can help build the political will necessary for regulatory reform by states. Research methods employed in this thesis include interviews with Indonesian workers, FLA board members, company representatives and anti-sweatshop activists. This research indicates labour compliance staff within Nike, Reebok and Adidas have made serious, if inconsistent, efforts to persuade suppliers to respect labour rights. These efforts have been undermined by their colleagues in buying departments, who have intensified demands that suppliers produce cheaply and quickly. Partly as a result of this tension, the labour programs of Nike, Reebok and Adidas have only contributed to improved respect for trade union rights in a relatively small number of sportswear factories, and in some cases these improvements have proved fragile. The FLA’s regulatory system relies on participating TNCs threatening to cut orders if their suppliers fail to comply with the FLA’s labour code. This thesis argues that if TNC compliance staff could also offer incentives—such as higher prices or more stable, long-term ordering relationships—then it would enhance their ability to convince suppliers to respect trade union rights. Such a change would require TNCs to give a higher priority to labour rights than to cost-minimisation. Unfortunately, within Nike, Reebok and Adidas, labour rights and other ethical agendas appear to be in the process of being subsumed into a more dominant discourse associated with profit-making and growth, so that labour compliance staff must establish the “business case” for each aspect of their regulatory work. The anti-sweatshop movement has a loose, networked form of organisation which has proved remarkably successful in putting public pressure on sportswear corporations to accept responsibility for labour conditions in their supply networks. If the movement wants to see substantial improvements in respect for sportswear workers’ trade union rights, then it needs to persuade sports companies to go further and make costly improvements to their labour rights programs. Relatively broad agreement across the movement on a system of rating companies’ progress would likely help achieve this ambitious goal, not least by offering opportunities for re-invigorating the movement itself.

This thesis examines the legal duties of directors of UK public companies in the light of the 'stakeholder' approach to the firm. It considers the theory that directors are not simply agents of shareholders, but have a duty to take into consideration and, where appropriate, to balance the interests of several constituencies. Examples of suggested stakeholders include employees, customers, suppliers and creditors, as well as the local community and the natural environment. If this broad view of public company responsibility is warranted, the role of the law in securing a 'stakeholder' style of management needs to be examined, and this study attempts that task. To this end, empirical research was conducted via interviews with public company directors and secretaries from a range of public companies of different sizes operating in many business sectors to investigate: • the extent to which at present they view their role as requiring assessment and inclusion of the interests of stakeholders • the manner in which such assessment and inclusion is actually carried out • the impact which a statutory formulation of duties to incorporate stakeholder interests would or might have on decisionmaking in practice • the effect of board structure on corporate decisionmaking. The effect of 'stakeholder orientation' of company directors on the economic performance and social impact of UK public companies was considered. The DTI's Company Law Review Steering Group has referred to the distinction between 'Enlightened Shareholder Value' and the 'Pluralist' approach. This thesis further reviews those arguments and seeks to set them in their commercial context. It is highly probable that there will be a new UK Companies Act following the next General Election. This thesis suggests a new statutory statement of directors' duties and considers the impact which such statutory wording might have. If directors' legal duties were to be reformulated, that change would needs to buttressed by a mechanism to protect stakeholder expectations, in court as a last resort. This thesis argues that the most promising form for such stakeholder remedies is that of the current 'unfair prejudice' action. If the UK is to avoid being left behind internationally in its system of corporate regulation, it needs to take its European Union obligations and the laws of other Member States into account. It is argued that the UK can find much to learn from the continental European traditions. The conclusion of the thesis focuses on the Company Law Review and its potential economic impact. It is argued that UK company law should address the rights of all stakeholders if it is to be ‘modern’ and ‘competitive’.

Research Doctorate - Doctor of Philosophy (PhD) / This thesis contributes to debates regarding the future of organised labour, the ability of global civil society networks to influence the practices of powerful institutions, and the value of non-state forms of corporate regulation. It focuses on the anti-sweatshop movement’s campaigns targeting three transnational corporations (TNCs) which design and market sportswear—Nike, Reebok and Adidas. These three TNCs are members of the Fair Labour Association (FLA), a voluntary, non-state regulatory system negotiated between participating companies and a number of civil society organisations. The thesis assesses how the FLA’s processes, the companies’ own labour programs, and interventions by labour activists are combining to influence sportswear workers’ rights to form trade unions and bargain collectively. The thesis is based on decentred, institutionalist characterisations of the firm and its regulation. From this perspective, an effective system for regulating corporate labour practices must powerfully insert discourses promoting workers’ rights into the internal debates, power plays and resulting regularised processes which produce corporate behaviour. Whereas many theoretical approaches portray voluntary regulatory initiatives as antithetical to state regulation, this thesis is influenced by those institutionalist thinkers who argue that effective voluntary initiatives can help build the political will necessary for regulatory reform by states. Research methods employed in this thesis include interviews with Indonesian workers, FLA board members, company representatives and anti-sweatshop activists. This research indicates labour compliance staff within Nike, Reebok and Adidas have made serious, if inconsistent, efforts to persuade suppliers to respect labour rights. These efforts have been undermined by their colleagues in buying departments, who have intensified demands that suppliers produce cheaply and quickly. Partly as a result of this tension, the labour programs of Nike, Reebok and Adidas have only contributed to improved respect for trade union rights in a relatively small number of sportswear factories, and in some cases these improvements have proved fragile. The FLA’s regulatory system relies on participating TNCs threatening to cut orders if their suppliers fail to comply with the FLA’s labour code. This thesis argues that if TNC compliance staff could also offer incentives—such as higher prices or more stable, long-term ordering relationships—then it would enhance their ability to convince suppliers to respect trade union rights. Such a change would require TNCs to give a higher priority to labour rights than to cost-minimisation. Unfortunately, within Nike, Reebok and Adidas, labour rights and other ethical agendas appear to be in the process of being subsumed into a more dominant discourse associated with profit-making and growth, so that labour compliance staff must establish the “business case” for each aspect of their regulatory work. The anti-sweatshop movement has a loose, networked form of organisation which has proved remarkably successful in putting public pressure on sportswear corporations to accept responsibility for labour conditions in their supply networks. If the movement wants to see substantial improvements in respect for sportswear workers’ trade union rights, then it needs to persuade sports companies to go further and make costly improvements to their labour rights programs. Relatively broad agreement across the movement on a system of rating companies’ progress would likely help achieve this ambitious goal, not least by offering opportunities for re-invigorating the movement itself.

Cette thèse étudie comment les politiques publiques d’industrialisation, les investissements étrangers et la gouvernance transnationale des entreprises altèrent l’espace public en Inde. Tout d’abord, nous analysons les interactions entre la population, l’état et l’entreprise multinationale Michelin dans l’établissement d’un nouveau parc industriel sur les terrains communaux d’un village au Tamil Nadu. Ensuite, nous démontrons que si les mouvements sociaux transnationaux et les mécanismes extraterritoriaux de résolution de conflit appellent les entreprises multinationales à respecter les droits de l’homme, ces derniers restent insuffisants pour répondre à la violence structurelle et à l’injustice sociale à l’œuvre dans le développement industriel contemporain de l’Inde. / This thesis studies how public policies of industrialization, foreign investments and transnational corporate governance alter social space in India. Firstly, we analyze the interactions between the population, the state and the French multinational corporation Michelin in the set-up of a new industrial park on the common lands of a village in rural Tamil Nadu. Then, we contend that while transnational social movements and extraterritorial grievance mechanisms call on multinational corporations to respect human rights, they remain insufficient to address the structural violence and the social injustice experienced in India’s contemporary industrial development

This thesis critically examines dominant conceptualizations of safety crimes – offences by corporations that seriously injure and kill workers – within the Alberta oil and gas industry. Using critical discourse analysis, and relying on and Foucaultian and Marxist literatures, the thesis critically examines the extent to which government fatality reports, workplace safety education campaigns and court decisions characterize safety crimes primarily as ‘accidents’ caused by ‘careless’ workers. Two main discourses were found: first, workers were responsibilized, effectively blamed for their own injury and death in the workplace while employers were characterized as largely good and law-abiding; second, serious injury and death was (re)conventionalized as the regrettable but largely unintentional and unavoidable side effect of capitalist production. In the process, the underlying causes of safety crimes, including weak and under-enforced laws and a socio-economic context that prioritizes profits over worker safety, remain untouched.