Pain, Gain, or Shame: The Evolution of Environmental Law and the Role of Multinational Corporations

Abstract

The evolution of environmental law in the past century has been linked to the growing acceptance of the notion of collective global responsibility, which entails the notion of sustainable development. At the turn of this century, the focus in environmental law has shifted from the creation of a global framework to deal with environmental problems to that of compliance with these frameworks. As a result, the primary actor of environmental policy has shifted from the state to the corporation. How has environmental law developed so as to encourage compliance by this new primary actor? Conversely, how has the corporation been changed by these developments? This article will trace the historical shift in environmental actors from the early beginnings of environmental law to the challenges faced today. As the multinational corporation has become the primary actor, this article also considers ways in which incentives can be created for multinational corporations to behave in environmentally responsible ways.