This chapter considers the institutional implications of the multi-factoral model in national law. Given its involving an ineliminable need for judgment, this chapter argues for an approach to law reform that focuses on enhancing the quality of decision-making within the corporation surrounding its fundamental rights obligations. Doing so, I argue requires focusing much attention on reforms to corporate law that can help ‘constitutionalise’ fundamental rights within the basic legal structure of the corporation itself. I propose a series of law reforms that include expanding the diversity of the directors; developing a new fiduciary duty specifically relating to fundamental rights; enhancing disclosure requirements; developing a new enforcement action allowing directors to be sued in their personal capacity for rights violations; creating regulatory fines and financial penalties for rights violations; implementing an enhanced framework for shareholder obligations; rejecting the business judgment rule where fundamental rights are involved; and the utilisation of dialogical remedies by courts.

This chapter concludes the Handbook, returning to the research questions set out in the introduction. Drawing from the various contributions to the Handbook, this concluding chapter assesses the mismatch between global markets and territorially rooted national regulation; the impact of shareholder-orientation upon the achievement of corporate sustainability; salient trends in the organization of corporate firms, commercial markets, and financial systems; the status of various innovations in corporate law and governance and their capacity to achieve corporate sustainability; and areas where we consider the need for further research to be particularly pressing.