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2 results

  • 21 - The Unsuccessful Pursuit for Sustainability in Italian Business Law

  • from Part III - Corporate Law, Corporate Governance and Sustainability: Case Studies
  • Edited by Beate Sjåfjell, Universitetet i Oslo, Christopher M. Bruner, University of Georgia
  • Book:
    The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability
    Published online:
    25 November 2019
    Print publication:
    12 December 2019, pp 290-303

  • Summary

    This chapter considers sustainability issues in Italian business law. In particular, it focuses on the two main approaches the lawmaker uses: creating no- or low-profit organisations (such as benefit companies), with specific labels; and setting down rules on special reports and statements that some companies must or may prepare in order to show their commitment in the field of sustainability. Following a normative analysis, the Italian system is shown to be ineffective, as the approach towards sustainability is always seen as an exception to a full-profit rule, even if the full maximisation approach comes from a social norm rather than a legal one. The chapter concludes that a much more effective measure would have been to change the basic norm on partnerships and companies, delivering such concepts from the need of profit purpose.