Beate Kristine Sjåfjell

• Sjåfjell, Beate, ‘Exploring Corporate Sustainability Law in Global Value Chains’, in Ricardo Garcia Anton and others (eds), The Cambridge Handbook of Law and Responsible Business: Legal Strategies for Sustainability in Global Value Chains (Cambridge University Press, in print 2026), Ch. 2. Preprint at SSRN: https://ssrn.com/abstract=5730502 or http://dx.doi.org/10.2139/ssrn.5730502
• Sjåfjell, Beate, ‘Conceptualising Corporate Sustainability Law’, (2025) 16 Transnational Legal Theory 281, www.tandfonline.com/doi/full/10.1080/20414005.2025.2559542
• Sjåfjell, Beate, and Sarah E. Cornell, ‘What the Actual ….? Tensions in the Science-Business-Policy Interface for Global Sustainability’, European Law Open, 2024, 3:3, 529–60. DOI: https://doi.org/10.1017/elo.2024.34
• Sjåfjell, Beate, ‘How Company Law has Failed Human Rights – and What to Do About It’, Business and Human Rights Journal, Volume 5, Issue 2, July 2020, pp. 179 - 199, https://doi.org/10.1017/bhj.2020.9. Preprint available at SSRN: https://ssrn.com/abstract=3530956.

• Sjåfjell, Beate & Gullhagen-Revling, Morten Andre (2026). Sustainability and the Company’s Interest in Norwegian Company Law: Tensions Between Company Law and Shareholder Primacy. In Mittwoch, Anne-Christin & Weber, Anne-Marie (Ed.), The Interest of the Company – A Driving Concept for Sustainable Business?. Nomos Verlagsgesellschaft mbH & Co. KG. ISSN 9783756031030. p. 305–343. doi: 10.5771/9783748954446. Full text in Research Archive Show summary

  The board of the company has a duty to promote the interests of the company. The interests of the company, or the ‘company's interest’, as it often is referred to in Continental Europe and the Nordics, is a core company law concept. The concept is crucial to understanding the scope of action for the board and other corporate decision-makers. In this chapter, we analyse the company’s interest based on Norwegian legal sources, and, as Norwegian company law does not operate in a vacuum, we also draw on international and EU law and policy developments. As we show, the company's interest in Norwegian company law is pluralistic and includes sustainability aspects. This gives the board plenty of room for integrating sustainability into corporate governance and decision making. Yet, this room is still under-communicated and often misunderstood. This underlines the importance of this analysis, with revitalised interest in ‘company's interest’ having the potential to be a key company law element in the fundamental transformation of business towards sustainability.

• Sjåfjell, Beate & Mähönen, Jukka Tapio (2026). Reimagining Corporate Purpose for a Safe and Just World. In Bowman, Megan & Mai, Laura (Ed.), A Research Agenda for Law, Finance and the Environment. Edward Elgar Publishing. ISSN 9781035313860. p. 169–189. doi: 10.4337/9781035313877.00016. Full text in Research Archive Show summary

  After decades of a rather instrumental and narrow focus on business, with the dominant view identifying the corporation with its shareholders, we are seeing a reawakening of the debate on corporate purpose. However, the debate remains constrained by the Anglo-American shareholder vs stakeholder dichotomy. In our approach to corporate purpose, we draw on over a decade of multi-jurisdictional comparative corporate law analyses. We posit that companies as ‘creatures of national law’ cannot be understood through an analysis that does not engage with the rich variety of corporate law approaches and corporate law theories. Further, in our research aiming to contribute to sustainability, we undertake interdisciplinary analyses, drawing on legal theory, law and economics, and sustainability science and research. That gives us a basis for reimagining corporate purpose for a safe and just world, in a way that transcends limiting dichotomies and national differences.

• Sjåfjell, Beate (2025). Conceptualising Corporate Sustainability Law. Transnational Legal Theory. ISSN 2041-4005. 16(3), p. 281–326. doi: 10.1080/20414005.2025.2559542. Full text in Research Archive
• Sjåfjell, Beate Kristine (2025). Taking Finance Seriously. Understanding the Financial Risks of Unsustainability. In Alexander, Kern; Gargantini, Matteo & Siri, Michele (Ed.), The Cambridge Handbook of EU Sustainable Finance. Cambridge University Press. ISSN 9781009483940. p. 22–48. doi: 10.1017/9781009483971.004. Full text in Research Archive Show summary

  This essential reference work explores the role of finance in delivering sustainability within and outside the European Union. With sustainability affecting core elements of company, banking and capital markets law, this handbook investigates the latest regulatory strategies for protecting the environment, delivering a fairer society and improving governance. Each chapter is written by a leading scholar who provides a solid theoretical approach to the topic while focussing on recent developments. Looking beyond the European Union, the book also covers relevant developments in the United States, the United Kingdom and other major jurisdictions. Thorough and comprehensive, this volume is a crucial resource for scholars, policymakers and practitioners who aim for a greener world, a more equitable society and better-managed corporations.

• Sjåfjell, Beate Kristine (2025). Revisiting agency theory: A radical rethinking of allocation of responsibility, accountability and liability. In Chevrollier, Nicolas; Argyrou, Aikaterini & Jeurissen, Ronald (Ed.), Radical Business Perspectives for Sustainability Transitions. Edward Elgar Publishing. ISSN 9781035308019. p. 194–222. doi: 10.4337/9781035308026.00017. Full text in Research Archive Show summary

  ‘Given our failure to meet contemporary sustainability challenges, let alone future ones, it is high time to think more radically. This wide ranging book offers welcome stimulation on everything from degrowth, to spirituality, to managerless organisations and unseating dominant theoretical perspectives. This is recommended reading for stimulating beyond the ‘same old’ thinking.’ – Laura Spence, Royal Holloway, University of London, UK

• Sjåfjell, Beate Kristine (2025). No Peace Without Sustainability, No Sustainability Without Peace. The Implementation of EU Treaty Goals. In Govaere, Inge; Garben, Sacha & Spaventa, Eleanor (Ed.), The Impact of War (in Ukraine) on the EU. Hart Publishing Ltd. ISSN 9781509986088. p. 81–99. doi: https:/www.wildy.com/isbn/9781509986088/the-impact-of-war-in-ukraine-on-the-eu-hart-publishing. Full text in Research Archive Show summary

  Peace is the fundament of the European Union (EU). The fundamental role of peace is expressed in the Treaty on European Union. As the Treaties also clearly express, sustainable development is fundamental to achieving the Union’s goals and an overarching objective in its own rights. Europe has a history of colonisation, which influences the EU’s possibility to contribute to peace and to global sustainability. Criticism of what is denoted ‘neocolonialism’ in EU’s relation with low-income countries outside of the EU has repeatedly been raised. In this chapter, my concern is the neocolonialism through the globalised activities of European businesses, which undermines the possibilities for a sustainable development. I analyse the EU’s law and policy initiatives to regulate business for sustainability, in light of the EU’s overarching Treaty goals of sustainability. This emphasis is chosen for three reasons: Firstly, regulating business and finance for sustainability has been on the EU agenda since 2018 and continues to be strongly emphasised. Secondly, regulating for sustainability is crucial as business-as-usual is a key driver for the extreme unsustainabilities of our time. Thirdly and consequently, an analysis of the EU’s efforts in this context can help us see whether the EU is securing a sustainable peace. With the backdrop of war in Europe, my question is accordingly whether these EU initiatives are sufficient to mitigate the extreme unsustainabilities of our time. I concentrate on EU policy initiatives concerning the regulation of finance, corporate governance, and products – including product design – which all hold the possibility for transforming business towards sustainability.

• Sjåfjell, Beate Kristine & Mähönen, Jukka Tapio (2024). Corporate Purpose and the Misleading Shareholder vs Stakeholder Dichotomy. Bond Law Review. ISSN 1033-4505. 34(2), p. 69–112. doi: 10.53300/001c.94050. Full text in Research Archive Show summary

  Corporate purpose has again become a topic of discussion in company law and corporate governance. In the European Union, the tension between the societal approach to companies with its long history and the efficiency-based approach with its much shorter history (and weaker basis) is palpable in the heated debates ever since the European Commission launched its Sustainable Corporate Governance initiative in 2020. In this debate, shareholder primacy proponents have sought to frame the discussion within what we call a shareholder v stakeholder dichotomy. The dichotomy is misleading and dangerous in the way it takes company law proper out of the discussion and reinforces the shareholder primacy drive. We reject the dichotomy as a meaningful framing of the debate and seek to dismantle some of the strawmen set up on the road towards sustainable corporate governance. We instead discuss corporate purpose as a matter of company law and relevant to ensuring the contribution of business to sustainability, and how such an overarching purpose could be operationalised with a redefinition of duties of the board. With this backdrop, we analyse the Sustainable Corporate Governance initiative, concentrating on company law and sustainability aspects of the proposed Corporate Sustainability Due Diligence Directive.

• Sjåfjell, Beate Kristine (2024). Corporate governance and sustainable value creation. In Clarke, Thomas; Khlif, Wafa & Ingley, Coral (Ed.), Elgar Encyclopedia of Corporate Governance. Edward Elgar Publishing. ISSN 9781839107054. p. 401–401. Full text in Research Archive
• Sjåfjell, Beate Kristine (2024). Solidarity, Sustainability and the Role of Business, Research Handbook on International Solidarity and the Law. Edward Elgar Publishing. ISSN 9781803923741. p. 203–222. Full text in Research Archive
• Sjåfjell, Beate Kristine & Cornell, Sarah E. (2024). What the actual....? Tensions in the science–business–policy interface for global sustainability. European Law Open. doi: 10.1017/elo.2024.34. Full text in Research Archive Show summary

  Interactions of global change science, business and policymakers play a crucial role in shaping today’s regulatory frameworks for corporate sustainability. Our research question is why sustainability might actually be undermined by the ways that some prominent interfaces are informing corporate sustainability. Concentrating on ‘science-based’ initiatives that prescribe quantitative target-setting, business-driven task forces that define frameworks for businesses to assess and disclose information on strategies and targets, and the European Union (EU) as a supranational policymaking power, we scrutinise concepts, debates and developments involving these three globally influential non-state actors. Although the conceptualisation of sustainability as a safe and just space is well established in academic and policy contexts, key premises are being lost in translation at science–business–policy interfaces, delaying or actually deflecting regulation of business. We call for science–business–policy interfaces to conceptualise corporate sustainability as business contributing to mitigating planetary biophysical pressures and securing social foundations worldwide. In this context, we argue that the research basis for ‘safe and just’ cannot be reduced to simplistic and separate quantifications. Treating global sustainability goals as an itemised checklist for business action, and using scientifically narrow and overly reductive approaches to quantification and target-setting, fall short of this systemic understanding of corporate sustainability. The recognition of risks of unsustainability and the desire for sustainable value creation can act as drivers for change. Paradoxically, today’s business concept of ‘sustainable value’ actually undermines the potential for transformations to sustainability, and the dominant finance-driven treatment of ‘sustainability risks’ fall far short of capturing the hazards of continued unsustainabilities. In examining what the EU is actually doing, we find that the EU’s unprecedented attempts at regulating business for sustainability are being thwarted through powerful lobby interests, the outcomes of the science–business–policy interface, and the EU’s own fixation on economic growth and finance. Sustainability involves dealing justly with today’s unsafe conditions, and dealing safely with unjust conditions. This requires radically more innovative responses from business, truly sustainability-oriented adaptive leadership from policymakers, and critically reflexive transdisciplinary engagement by a much wider range of sustainability scholars.

• Sjåfjell, Beate Kristine & Tsagas, Georgina (2023). Integrating Sustainable Value Creation in Corporate Governance: Company Law, Corporate Governance Codes and the Constitution of the Company. In Sjåfjell, Beate Kristine; Tsagas, Georgina & Villiers, Charlotte (Ed.), Sustainable Value Creation in the European Union: Towards Pathways to a Sustainable Future through Crises. Cambridge University Press. ISSN 9781009243896. Full text in Research Archive Show summary

  This chapter discusses how to integrate sustainable value creation corporate governance, through company law, corporate governance codes and corporate documents, notably the companies’ constitution. Currently, all of these, law, codes and constitutions, tend mainly to limit themselves to regulating the relationship between the board, senior management and shareholders, making minimal reference to the existence of and crucial contributions by other involved parties and affected interests comprising the business. Potentially laws, codes and constitutions can be remodelled in order to integrate sustainability into the governance of business. The chapter analyses the emerging concept in company law and corporate governance of sustainable value creation and positions this within a research-based concept of sustainability. On this basis and drawing on a decade of collaborative research, we suggest how sustainable value creation within planetary boundaries could be integrated through a company law reform. We discuss how this could be followed up through reform of corporate governance codes, as a support for a law reform or as an alternative way to promote sustainable business while waiting for a legislative reform. Finally, we explore how the potential of integrating sustainable value creation in company constitutions can contribute to shifting business towards sustainability.

• Villiers, Charlotte; Sjåfjell, Beate Kristine & Tsagas, Georgina (2023). Stimulating Value Creation in a Europe in Crisis. In Sjåfjell, Beate Kristine; Tsagas, Georgina & Villiers, Charlotte (Ed.), Sustainable Value Creation in the European Union: Towards Pathways to a Sustainable Future through Crises. Cambridge University Press. ISSN 9781009243896. Full text in Research Archive Show summary

  The introduction sets out the parameters of this book, which brings together contributions from experts from a range of academic disciplines, with legal scholarship at the core of the volume. It presents the context for the book’s focus upon sustainable value creation and explores how this might be developed inside the EU and through the EU’s institutions. The volume is positioned within a research-based concept of sustainability, defined as securing social foundations for humanity now and for the future within planetary boundaries. This provides the basis for the analyses of the potential for sustainable value creation in the EU. The introduction goes on to identify a number of mileposts that have shaped the progress of the EU and its relevance for value creation, including the EU’s ambitions, the financial and debt crises, Brexit, and the urgent challenges presented by the COVID-19 pandemic and the broader environmental, social and economic aspects of sustainability. The contributions of the volume are briefly introduced, before the chapter concludes with hope and optimism, setting the tone for the critical and constructive analysis to follow.

• Sjåfjell, Beate Kristine (2023). Sustainable value creation in the land of oil and honey? The corporate governance role of the Norwegian state. In Sjåfjell, Beate Kristine & Mähönen, Jukka Tapio (Ed.), Nordic Company Law: Broadening the Horizon. Universitetsforlaget. ISSN 9788215054094. p. 241–266. Full text in Research Archive
• Sjåfjell, Beate Kristine (2023). Sustainability and Law in the Anthropocene. In Münster, Ursula; Eriksen, Thomas Hylland & Schroer, Sara Asu (Ed.), Responding to the Anthropocene: Perspectives from Twelve Academic Disciplines. Scandinavian Academic Press. ISSN 9788230403624. p. 83–106. Full text in Research Archive Show summary

  The Anthropocene - the era of humans - refers to a time when humanity has left its indelible stamp on the planet, including its geology and biogeochemistry. Understanding the Anthropocene, where the risk of irreversible and catastrophic ecological damage looms on the horizon, is a daunting task and solutions seem to be difficult to come by. What we offer in this book consists of fifteen perspectives on the Anthropocene written by scholars with backgrounds in over a dozen academic disciplines - archaeology, biology, geology, cultural history, literature, art history, science and technology studies, anthropology, political ecology, geography and law. Together, they offer tools enabling us to grasp the Anthropocene as a multifaceted phenomenon that requires attention from across the social and natural sciences as well as the humanities. Unlike most academic texts, these chapters are written in a personal and engaging style indicating not only that the Anthropocene is a worthy subject of scholarly attention, but that its implications are existentially important to the authors, who are not just researchers, but also global citizens.

• Sjåfjell, Beate Kristine (2023). A General Corporate Law Duty to Act Sustainably. In Birkmose, Hanne; Neville, Mette & Sørensen, Karsten Engsig (Ed.), Instruments of EU Corporate Governance: Effecting Changes in the Management of Companies in a Changing World. Kluwer Law International. ISSN 9789403541624. Full text in Research Archive
• Mähönen, Jukka Tapio & Sjåfjell, Beate Kristine (2023). Broadening the Horizon: Nordic Company Law in Context. In Sjåfjell, Beate Kristine & Mähönen, Jukka Tapio (Ed.), Nordic Company Law: Broadening the Horizon. Universitetsforlaget. ISSN 9788215054094. Full text in Research Archive
• Sjåfjell, Beate Kristine & Mähönen, Jukka Tapio (2023). The Future of Nordic company law. In Sjåfjell, Beate Kristine & Mähönen, Jukka Tapio (Ed.), Nordic Company Law: Broadening the Horizon. Universitetsforlaget. ISSN 9788215054094. Full text in Research Archive Show summary

  The Nordics have a lot to be proud of, consistently ranking amongst the best countries in the world in the Human Development Index and the World Happiness Report. Yet, the Sustainable Development Index indicates that the Nordic countries’ hard-won success in terms of welfare achievements and stability within their own countries is very much based on an outsourcing of environmental damage. To achieve the transformation to sustainability, to a safe and just space for humanity, fundamental change is needed – also in the Nordics. In this concluding chapter of the volume Nordic Company Law: Broadening the Horizon, we discuss the challenges and possibilities for globalised business in the Nordics, and the potential and continued evolution of Nordic company law. Looking forward, we propose ways in which Nordic company law can be reformed to realise its potential, meet the challenges, mitigate the forces undermining its potential – and contribute to ensuring business is a part of the transformation to sustainability. We reflect on the risks of continued unsustainability, and the power that lies in a possible renewed Nordic collaboration. There is potential for positive change in the Nordics. Finding ways to harness this potential is both the main hope and message of our book.

• Velden, Maja van der; Russell, Roseanne & Sjåfjell, Beate Kristine (2023). Interdisciplinarity for Sustainable Business. In Sjåfjell, Beate Kristine; Russell, Roseanne & Velden, Maja van der (Ed.), Interdisciplinary Research for Sustainable Business: Perspectives of Women Business Scholars. Springer Nature. ISSN 9783031069239. Full text in Research Archive Show summary

  In this introductory chapter, we first situate this volume in the larger context of sustainability and the different forms of corporate sustainability. Supported by the literature, we argue that corporate sustainability is often weak sustainability, where sustainability issues are sought integrated into business rather than positioning business within sustainability. Drawing on a research-based understanding of sustainability, we propose the following definition of sustainable business: A business is sustainable when it, in aggregate, contributes to securing the social foundations for humanity, now and for the future, within planetary boundaries. We then focus on the role of interdisciplinarity for sustainable business research. We present the Daughters of Themis Network and its call for papers, which focused on moving beyond the widely accepted acknowledgement of the need for interdisciplinarity and instead to explore how interdisciplinarity can be brought into effect. We briefly present the contributions in this volume, organised in three parts, Reflections, Theory, and Practice. The chapters present the depth and variety of interdisciplinary business research. We conclude with a call for strong interdisciplinarity in sustainable business research to overcome the limitations of our disciplines and to work towards the development of new methodologies and new knowledge to further sustainable business.

• Villiers, Charlotte; Sjåfjell, Beate Kristine & Tsagas, Georgina (2023). Pathways Towards Sustainable Value Creation. In Sjåfjell, Beate Kristine; Tsagas, Georgina & Villiers, Charlotte (Ed.), Sustainable Value Creation in the European Union: Towards Pathways to a Sustainable Future through Crises. Cambridge University Press. ISSN 9781009243896. p. 301–314. Full text in Research Archive
• Sjåfjell, Beate Kristine (2023). Sustainability and Law and Economics: An Interdisciplinary Redefinition of Agency Theory. In Sjåfjell, Beate Kristine; Russell, Roseanne & Velden, Maja van der (Ed.), Interdisciplinary Research for Sustainable Business: Perspectives of Women Business Scholars. Springer Nature. ISSN 9783031069239. Full text in Research Archive Show summary

  In this chapter I undertake a critical analysis of mainstream agency theory, which views corporate boards and by extension senior management as ‘agents’ for shareholders as ‘principals’. With failed assumptions and forgotten caveats, this mainstream theory has informed and reinforced the social norm of shareholder primacy, a main barrier to sustainable business. I choose this specific theory as the theme for this chapter, rather than discussing more broadly law and economics, to make a more in-depth point than a broader canvassing of various approaches and criticisms of law and economics could do. I use Kraakman et al.’s The Anatomy of Corporate Law as the starting point, because their express claim that there is a single universal ‘anatomy’ has with its comparative framing more than any other law and economics theory influenced the discourse in corporate law and corporate governance over the last decades. This chapter challenges the assumptions on which this mainstream use of agency theory is based and presents a tentatively drafted redefinition of agency theory with the aim of contributing to a theory that can form the basis for sustainable business.

• Velden, Maja van der & Sjåfjell, Beate Kristine (2023). ‘Thinking with Care’: Exploring interdisciplinarity in a global research project. In Sjåfjell, Beate Kristine; Russell, Roseanne & Velden, Maja van der (Ed.), Interdisciplinary Research for Sustainable Business: Perspectives of Women Business Scholars. Springer Nature. ISSN 9783031069239. doi: 10.1007/978-3-031-06924-6_2. Full text in Research Archive Show summary

  This chapter provides a brief overview of different ways of conceptualising interdisciplinarity but refrains from providing a clear definition. Based on experiences in a large, interdisciplinary research project, the authors rather show how the interdisciplinary of the project changed over time. Drawing on the work of Donna Haraway, Joan Tronto, and Maria Puig de la Bellacasa, interdisciplinarity is explored and conceptualised as a doing of care and an object of care. The authors provide examples of what supported and hampered the doing of such care work. The boundary concept of regulatory ecology advanced both theoretical and methodological development in the project as well as contributed to strengthening relationships and communication within the team. Care work was sometimes hampered by the disciplinary dialects of the participants, which can also result in different interpretations given to metaphors and visualisations. As an object of care, interdisciplinarity requires time for dialogue and critical reflection. The authors show how the disciplinary power of project implementation and deadlines took precedence in the second half of the project, challenging the project’s critical and exploratory edge. Interdisciplinarity needs to be cultivated, to be cared for, which takes time, and which should already be expressed in the project proposal.

• Ahlström, Hanna & Sjåfjell, Beate Kristine (2022). Complexity and uncertainty in sustainable finance: An analysis of the EU taxonomy. In Cadman, Timothy & Sarker, Tapan (Ed.), De Gruyter Handbook of Sustainable Development and Finance. De Gruyter Brill. ISSN 9783110738292. Full text in Research Archive Show summary

  The financial sector has the potential to facilitate societal change, but there is still a need for the sector to significantly transform. What is currently missed in the academic debate is that the finance field is deeply rooted in its discipline, which creates blindfolds to crucial aspects for enabling sustainability. Many investment strategies require ample information about issues of relevance, but complete information of all sustainability aspects may never become available. In these instances, it will not be possible to use prediction models and standard mathematical methods. This sheds light on the problem with using ESG (environmental, social, governance) rating metrics in their current form. It also gives rise to questions about the usefulness of establishing a taxonomy for sustainable economic activities. The European Union’s (EU’s) Sustainable Finance Initiative and its affiliated Taxonomy Regulation are therefore used as a case in this chapter. The Taxonomy Regulation is symptomatic of the lack of debate about to what extent it is possible to (a) identify and (b) measure all important aspects relevant for corporate sustainability. The chapter integrates and proposes the further use of multiple policy principles, including propositions on how to translate complexity and uncertainty into methodological and legal concerns. Emerging policy tensions from the EU’s post-COVID-19 recovery plan are also discussed, including implications for future research.

• Liao, Carol; Sjåfjell, Beate Kristine & Argyrou, Aikaterini (2022). Corporate Law and Sustainability in a Reimagined Post-Pandemic World. In Sjåfjell, Beate Kristine; Liao, Carol & Argyrou, Aikaterini (Ed.), Innovating Business for Sustainability: Regulatory Approaches in the Anthropocene. Edward Elgar Publishing. ISSN 9781839101311. p. 282–298. Full text in Research Archive Show summary

  This concluding chapter draws together and reflects on the volume’s analysis of the current failures of widespread legal thinking and practice, along with meaningful alternatives to the status quo on both conceptual and concrete levels. It is only through unlearning and relearning that we can forge a new baseline in the field that we broadly refer to as corporate law. The chapter – and the volume – concludes with a conviction that regulatory approaches and conversations about justice and sustainability in the Anthropocene will need to shift away from the current anthropocentric approach to both problems and solutions. Readers are invited together with the editors to broaden their outlook and open their hearts to each and every element, human and non-human, of the social-ecological systems of this wonderful world to be able to find pathways to sustainability – not only for the future, which always can be said to be ahead of us in time, but also to start moving on pathways to sustainability right here and now.

• Sjåfjell, Beate Kristine (2022). Selskapsrett og et Feministisk Bærekraftsperspektiv. In Ikdahl, Ingunn; Hellum, Anne; Asland, John; Bruserud, Herman; Hjort, Maria Astrup; Jonassen, Bjørk Gudmundsdottir & Skilbrei, May-Len (Ed.), Kjønn og rett. Kvinne-, kjønns- og likestillingsperspektiver i jusstudiet. Cappelen Damm Akademisk. ISSN 9788202669690. p. 175–204. Full text in Research Archive Show summary

  Kvinne-, kjønns- og likestillingsperspektiver på retten har en lang tradisjon som forskningsfelt på Det juridiske fakultet ved Universitetet i Oslo. Retten regulerer rettigheter og plikter, rettsvern og straff – den kan skape, opprettholde og endre samfunnets fordeling av makt og ressurser mellom individer og grupper. En viktig del av samfunnsoppdraget til juristutdanningen er å skape forståelse for hvordan rettslige strukturer, regler og avgjørelser kan føre til – eller motvirke – ulikhet og diskriminering. Denne boken bringer ulike typer kjønnsperspektiv inn i en rekke av fagene som inngår i rettsvitenskapen. Artiklene omfatter både privatrettslige og offentligrettslige emner, som familierett, forvaltningsrett, velferdsrett, avtalerett, selskapsrett og strafferett. Boken inneholder også kjønnsperspektiv på tverrgående fag som rettsfilosofi, rettssosiologi, kriminologi, rettsøkonomi og yrkesetikk for jurister. Kjønn og rett: Kvinne-, kjønns- og likestillingsperspektiver i jusstudiet er skrevet primært med tanke på jusstudenter, men er relevant for alle som interesserer seg for forholdet mellom juss, kjønn, samfunn og politikk.

• Sjåfjell, Beate Kristine (2022). Re-embedding the Corporation in Society and on Our Planet: Company Law as a Vehicle for Change. In Sjåfjell, Beate Kristine; Liao, Carol & Argyrou, Aikaterini (Ed.), Innovating Business for Sustainability: Regulatory Approaches in the Anthropocene. Edward Elgar Publishing. ISSN 9781839101311. p. 255–281. Full text in Research Archive Show summary

  The corporation needs to be ‘re-embedded’ in society and on our planet. Business is an integral element of the disembedding from society, through the way the corporation, a dominant legal form for undertaking business, has been conceptualised in the dominant legal-economic theories. This has formed the basis for and has been exacerbated through the social norm of shareholder primacy. Re-embedding the corporation requires a reconceptualisation of corporation’s role in society and the environment, and challenging a deeply gendered approach not only within business but also within sustainability science. Employing an interdisciplinarity feminist sustainability perspective, I make the case for using company law as a lever to re-embed the corporation through the embedding into the core of company law, key societal concepts of sustainability, drawing on sustainability research. The reform proposals concentrate on EU law but the reform ideas and the basis for them are of global relevance.

• Liao, Carol; Sjåfjell, Beate Kristine & Argyrou, Aikaterini (2022). Innovating Business for a Sustainable Post-Pandemic Future. In Sjåfjell, Beate Kristine; Liao, Carol & Argyrou, Aikaterini (Ed.), Innovating Business for Sustainability: Regulatory Approaches in the Anthropocene. Edward Elgar Publishing. ISSN 9781839101311. p. 1–16. Full text in Research Archive Show summary

  Amid the global COVID-19 pandemic, the corporate disregard of the connection between economics and ecology has come to an uncomfortable reckoning. Unprecedented shifts to mitigate global warming and other environmental and social crises are needed. This introductory chapter sets out the aims of the volume: to investigate how we can integrate sustainability into the heart of new and existing business practices, and enhance the practical understanding and embeddedness of sustainability into business within legal and regulatory landscapes. The chapter introduces the volume’s analytical approach, drawing on two elements that have not been sufficiently discussed in existing literature on regulatory approaches for sustainable business: a sustainability-research informed understanding of the global goals that diverse regulatory approaches are or should be attempting to achieve, and a gendered perspective of how these goals are shaped and how business should engage with these issues. It introduces the forthcoming chapters and offers first reflections on the directions to take to innovate business for sustainability in the Anthropocene.

• Ahlström, Hanna & Sjåfjell, Beate Kristine (2022). Why policy coherence in the European Union matters for global sustainability. Environmental Policy and Governance. ISSN 1756-932X. doi: 10.1002/eet.2029. Full text in Research Archive Show summary

  The global economy is producing unequal economic exchanges between countries, including illegitimate transfer of wealth from low-income countries, which ultimately undermine efforts towards securing robust social welfare systems. This puts policies on trade and finance, corporate governance and circular economy at the centre of the global development puzzle. Policy coherence for development must be understood in the context of the tension between the overarching societal goal of achieving sustainability and the functioning of the global economy. In this article, we focus on the political and legal challenges this puzzle presents, using the case of European Union policies on business, finance and circular economy, which have global impacts. We see these as core areas of law and policy where advances are made but which need to be better positioned within an overarching aim of sustainability.

• Sjåfjell, Beate Kristine (2022). Reforming EU Company Law to Secure the Future of European Business. In Camara, Paulo & Morais, Filipe (Ed.), The Palgrave Handbook of ESG and Corporate Governance. Palgrave Macmillan. ISSN 9783030994679. p. 59–85. Full text in Research Archive
• Mähönen, Jukka Tapio; Sjåfjell, Beate Kristine & Mee, Monica (2022). Stewardship Norwegian-Style: Fragmented and State-Dominated (but Not without Potential?). In Katelouzou, Dionysia & Puchniak, Dan W. (Ed.), Global Shareholder Stewardship. Cambridge University Press. ISSN 9781108914819. p. 174–191. Full text in Research Archive Show summary

  An important part of the current corporate governance trend is shareholder ‘empowerment’, a policy shift making corporate managers accountable to the shareholders as perceived ‘owners’ of the company. According to this policy thinking, the corporate boards should focus on monitoring on behalf of the shareholders, rather than managing the company independently. Shareholders should ‘engage’ with companies on issues ranging from strategy to corporate responsibility, issues that company law assigns to the board. This trend has been reflected not only in corporate governance codes, listing rules, company legislation, European Union directives and transnational regulatory standards but also as a ’stewardship trend’, which we have seen in the 2017 reform of the 2007 European Union Shareholders’ Rights Directive (SHRD II). A number of European jurisdictions have seen the emergence of specific ’stewardship codes’. According to the arguments behind the codes (and also in stewardship regulation such as SHRD II), encouraging shareholders to act as ‘stewards’ is a way forward not only towards better corporate governance in the mainstream, economics-focused sense, but also towards more sustainable and responsible companies in light of the environmental and social challenges we as a global community face. The stewardship concept is widely connected to institutional investors, referring to the actions that asset managers can take in order to enhance the value of the companies that they invest in on behalf of their own beneficiaries. However, the nature of stewardship varies from jurisdiction to jurisdiction based on shareholder structures. In the Nordic region (similar to many Asian jurisdictions), the role of states, sovereign holding companies and wealth funds, other public market actors such as public pension funds, families, family-controlled investment companies and family-based foundations is significant compared to (other) national and international institutional investors. In this paper, we discuss the peculiarities of Nordic stewardship before concentrating on Norway and Norwegian stewardship, which is dominated by the state and the municipalities, but also to some extent by private investors. The structure of the paper is the following. In Part II we discuss the Nordic stewardship in light of international stewardship discussion, before concentrating on Norway and the current regulatory framework of stewardship there in Part III. In Part III, we reflect on the Norwegian choices on stewardship against global trends and especially jurisdictions in Asia with similar shareholder structures, with strong state and family shareholders. Part IV concludes with some reflections on why a stewardship code is not needed in Norway. What Norway does need, is a clear and mandatory regulation to ensure that Norwegian business and finance contribute to the transition to sustainability. A stewardship code would not be a sufficiently strong measure. Conversely, it could hold Norwegian business and finance back in the face of the rapid developments on EU and international level.

• Richardson, Benjamin J. & Sjåfjell, Beate (2021). Business and Industry. In rajamani, Lavanya & Peel, Jacqueline (Ed.), The Oxford Handbook of International Environmental Law. Oxford University Press. ISSN 9780198849155. p. 716–732. Full text in Research Archive
• Sjåfjell, Beate & Veldman, Jeroen (2021). SMART Reflections on Policy Coherence, Legal Developments in the Netherlands and the Case for EU Harmonisation. Erasmus Law Review. p. 1111–1115. doi: 10.5553/ELR.000196. Full text in Research Archive Show summary

  The EU-funded project Sustainable Market Actors for Responsible Trade (SMART, 2016-2020), undertook an interdisciplinary and multilevel regulatory analysis of the barriers and possibilities for securing the contribution of private and public market actors to a sustainable future. Jurisdiction- specific contributions were an essential part of this broad regulatory analysis. This afterword reflects on the Dutch contributions included in this Special Issue, emphasising the urgency of securing policy coherence for sustainable business. The afterword highlights how individual initiatives by national legislators such as those of the Netherlands can be inspiring examples, while they also bring with them challenges including questions of scope and of legal certainty for businesses, specifically with regard to cross-border operations and activities. This leaves business with the difficult task of figuring out the various requirements and expectations and may lead to regulatory competition between EU member states. The afterword therefore concludes with a call for EU harmonisation, to give sustainability-oriented business a level playing field and provide legal certainty both for decision-makers in business and for those affected by the conduct of business across global value chains.

• Sjåfjell, Beate (2021). Reforming EU Company Law to Secure the Future of European Business. European Company and Financial Law Review. ISSN 1613-2548. 18(2), p. 190–217. doi: 10.1515/ecfr-2021-0009. Full text in Research Archive Show summary

  The world faces a complex convergence of social and ecological crises: climate change, biodiversity loss, resource scarcity, human rights violations, rising inequality and societal instability. The United Nations adopted Sustainable Development Goals (SDGs) for ‘the future of humanity and of our planet’, calling on business to contribute to solving these pressing challenges. Yet business in aggregate is a driver of the current convergence of crises and the discussion of how to promote sustainable business is therefore high up also on the agenda of the European Union (EU). The EU increasingly shows recognition of the need for regulatory initiatives to promote the integration of sustainability into European business, resonating with the EU’s high-level commitment to sustainability. This article is a contribution to the discourse on how to regulate European business so that it contributes to a sustainable future for all, including for European business itself. The article briefly outlines the basis in the EU treaties for reform of EU company law and the risks of continued unsustainability, moving on to the argument for including company law in the legislative toolbox, and outlining ideas for how such a reform could be shaped.

• Sjåfjell, Beate (2020). How company law has failed human rights - And what to do about it. Business and Human Rights Journal. ISSN 2057-0198. 5(2), p. 179–199. doi: 10.1017/bhj.2020.9. Full text in Research Archive Show summary

  This article discusses three questions. First, what drives business to ignore human rights, or even worse, consciously undermine the achievement of human rights? Second, given the state of affairs of business and human rights, why is there not a quick regulatory fix to the problems that we see? Third, in light of the failure of business and of regulation so far, what can be done? The article posits that reform of company law is key to ensuring business respect for human rights, as an intrinsic element of the transition to sustainability. The article outlines how company law can facilitate sustainable business. It concludes with some reflections on the drivers for change that make it possible to envisage that the necessary reform of company law will be enacted.

• Johnston, Andrew & Sjåfjell, Beate Kristine (2020). The EU’s Approach to Environmentally Sustainable Business: Can Disclosure Overcome the Failings of Shareholder Primacy? In Peeters, Marjan & Eliantonio, Mariolina (Ed.), Research Handbook on EU Environmental Law. Edward Elgar Publishing. ISSN 9781788970662. p. 396–410. Full text in Research Archive Show summary

  Achieving sustainability requires that business not only complies with environmental law, but also that business goes beyond that which is expressly regulated by environmental law. This chapter examines regulatory approaches that seek to integrate environmental sustainability into the decision-making of business. In canvassing the EU’s main policy and legislative initiatives, we find strong reliance on various forms of disclosure, insufficient to mitigate the destructive social norm of shareholder primacy. This Anglo-American, law-and-economics inspired concept is not rooted in EU law, but has spread and gradually colonised the discretionary space that European company law gives corporate decision-makers to decide on how to best run the companies. The result is a prioritisation of short-term maximisation of shareholder returns. A fundamental shift towards coherent and more stringent regulation is needed to mitigate shareholder primacy and realise the potential of European business to contribute to sustainability.

• Sjåfjell, Beate (2020). Sustainable value creation within planetary boundaries-Reforming corporate purpose and duties of the corporate board. Sustainability. 12(15). doi: 10.3390/SU12156245. Full text in Research Archive Show summary

  Business, and the dominant legal form of business, that is, the corporation, must be involved in the transition to sustainability, if we are to succeed in securing a safe and just space for humanity. The corporate board has a crucial role in determining the strategy and the direction of the corporation. However, currently, the function of the corporate board is constrained through the social norm of shareholder primacy, reinforced through the intermediary structures of capital markets. This article argues that an EU law reform is key to integrating sustainability into mainstream corporate governance, into the corporate purpose and the core duties of the corporate board, to change corporations from within. While previous attempts at harmonizing core corporate law at the EU level have failed, there are now several drivers for reform that may facilitate a change, including the EU Commission’s increased emphasis on sustainability. Drawing on this momentum, this article presents a proposal to reform corporate purpose and duties of the board, based on the results of the EU-funded research project, Sustainable Market Actors for Responsible Trade (SMART, 2016–2020).

• Sjåfjell, Beate Kristine & Bruner, Christopher M. (2019). Corporations and Sustainability. In Sjåfjell, Beate Kristine & Bruner, Christopher M. (Ed.), The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability. Cambridge University Press. ISSN 9781108473293. p. 3–12. doi: 10.1017/9781108658386.004. Full text in Research Archive
• Bruner, Christopher M. & Sjåfjell, Beate Kristine (2019). Corporate Law, Corporate Governance and the Pursuit of Sustainability. In Sjåfjell, Beate Kristine & Bruner, Christopher M. (Ed.), The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability. Cambridge University Press. ISSN 9781108473293. p. 713–720. doi: 10.1017/9781108658386.057. Full text in Research Archive Show summary

  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.

• Sjåfjell, Beate (2019). The Environmental Integration Principle: A Necessary Step Towards Policy Coherence for Sustainability. In Ippolito, Francesca; Bartolino, Maria Eugenia & Condinanzi, Massimo (Ed.), The EU and the Proliferation of Integration Principles under the Lisbon Treaty. Routledge. ISSN 9780415789257. Full text in Research Archive
• Sjåfjell, Beate Kristine (2019). Realising the Potential of the Board for Corporate Sustainability. In Sjåfjell, Beate Kristine & Bruner, Christopher M. (Ed.), The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability. Cambridge University Press. ISSN 9781108473293. p. 696–710. doi: 10.1017/9781108658386.056. Full text in Research Archive Show summary

  The board has a crucial role in determining the strategy and the direction of the corporation. However, currently the function of the corporate board is constrained through the social norm of shareholder primacy, reinforced through the intermediary structures of capital markets. This chapter argues that a reform of EU corporate law is key to integrating sustainability into mainstream corporate governance, into the core duties of the corporate board, to change corporations from within. While previous attempts at harmonising core corporate law at the EU level have failed, there are now three drivers for reform that may facilitate a change: the EU’s Sustainable Finance Initiative, which concentrates mainly on the environmental aspects of sustainability; the push to introduce legal requirements for due diligence on human rights; and experimentation by some national legislators within the EU with reforms of their own.

• Sjåfjell, Beate & Taylor, Mark Beaumont (2019). Clash of Norms: Shareholder Primacy vs. Sustainable Corporate Purpose. International and comparative corporate law journal (ICCLJ). ISSN 1388-7084. 13(3), p. 40–66. doi: 10.2139/ssrn.3444050. Full text in Research Archive
• Nilsen, Heidi Rapp; Sjåfjell, Beate & Richardson, Benjamin J. (2019). The Norwegian Government Pension Fund Global. Risk Based versus Ethical Investments. Quarterly Journal of Economic Research. ISSN 1861-1559. 88(1), p. 65–78. doi: 10.3790/vjh.88.1.65. Full text in Research Archive
• Sjåfjell, Beate; Nilsen, Heidi Rapp & Richardson, Benjamin R. (2018). Investing in Sustainability or Feeding on Stranded Assets? The Norwegian Government Pension Fund Global. Wake Forest Law Review. ISSN 0043-003X. 52(4), p. 949–979. Full text in Research Archive
• Sjåfjell, Beate Kristine (2018). Redefining Agency Theory to Internalize Environmental Product Externalities. In Maitre-Ekern, Eléonore; Dalhammar, Carl & Bugge, Hans Christian (Ed.), Preventing Environmental Damage from Products An Analysis of the Policy and Regulatory Framework in Europe. Cambridge University Press. ISSN 9781108422444. p. 101–124. doi: 10.1017/9781108500128.005. Full text in Research Archive
• Sjåfjell, Beate Kristine (2018). Redefining the corporation for a sustainable new economy. Journal of law and society (Print). ISSN 0263-323X. 45(1), p. 29–45. doi: 10.1111/jols.12077. Full text in Research Archive Show summary

  ‘Business as usual’ is a very certain path towards a very uncertain future. On the ‘business as usual’ trajectory, the achievement of the UN Sustainable Development Goals (SDGs), epitomizing the overarching goals of global society, is unlikely. A fundamental transition away from ‘business as usual’ and onto a sustainable path is necessary. However, the SDGs themselves do not seem informed by a recognition of a potential conflict between indefinite economic growth and planetary boundaries. This article posits that this is symptomatic of our economic system, and turns to the dominant business form – the corporation – to discuss its significance as a barrier to and potential as a driver for sustainability. Drawing on multi‐jurisdictional, comparative research, the article presents a reform proposal, challenging the shareholder‐primacy drive, and ending on a positive note with the potential of corporate contribution to systemic change.

• Sjåfjell, Beate Kristine (2018). Dismantling the Legal Myth of Shareholder Primacy: The Corporation as a Sustainable Market Actor. In Boeger, Nina & Villiers, Charlotte (Ed.), Shaping the Corporate Landscape. Hart Publishing Ltd. ISSN 9781509914326. doi: 10.2139/ssrn.2912141. Full text in Research Archive Show summary

  The convergence of crises that we face as a global society, with its grand challenge of how to achieve social progress for all without destroying the very basis of our existence, emphasises the importance of discussing the role of the market actors. We cannot achieve environmental, social and economic sustainability of our societies without the contribution of the market actors (businesses, investors, consumers and the public sector in its many roles as market actor). With many difficult questions ahead, there is one thing we know for sure: the ‘business as usual’ path market actors in aggregate are on is not an option for sustainability; it is a very certain path towards a very uncertain future. A fundamental transition away from ‘business as usual’ and onto a sustainable path is necessary. Such a fundamental transition requires sustainable market actors. The paper focuses on what this means for business and more specifically, for the dominant business form of the corporation. In a time where social entrepreneurship in various shapes and sizes receives much (and undoubtedly warranted) attention, whether and how the dominant business form of the corporation fits into a sustainable future also needs to be discussed. This can be rephrased as a question of how to achieve corporate sustainability. The paper begins by discussing the role of the corporation in the unsustainable ‘business as usual’, based on the results of the Sustainable Companies Project (Section II), which shows that the main barrier to corporate sustainability is the social norm of shareholder primacy. This norm has become so dominant that it has turned into a legal myth, and corporate sustainability requires a dismantling of this myth. Section III presents a summary of the tentative reform proposal with this aim, while Section IV concludes with reflections on the work that needs to be done, where the mitigation of the legal myth of shareholder primacy is placed in the broader context of the ongoing research project Sustainable Market Actors for Responsible Trade (SMART).

• Sjåfjell, Beate Kristine & Fannon, Irene Lynch (2018). Corporate Sustainability: Gender as an Agent for Change? Creating Corporate Sustainability. Gender as an Agent for Change. Cambridge University Press. ISSN 9781316998472. p. 305–305. doi: 10.1017/9781316998472.016. Full text in Research Archive Show summary

  There is an overwhelmingly clear imperative for a shift of business and finance away from ‘business as usual’, which is becoming a very certain path towards a very uncertain and unsustainable future. Although there are some indications that the shift towards sustainability may be beginning, it is still on the fringe of mainstream business and finance and there are forces that serve to entrench and even exacerbate the exploitation of nature and of people and the undermining of the financial and economic stability of our societies. Positive change accordingly still appears to be incremental at best. The question that this concluding chapter of the volume Creating Corporate Sustainability. Gender as Agent for Change summarises and reflects upon, is whether gender can be an agent for changing how we view corporations and how we make progress towards sustainability. We discuss the female perspective as an alternative ‘outsider perspective’ approach. A female approach in a male-dominated area may bring in new perspectives and different values – and be a basis for challenging underlying assumptions of status quo. Drawing on gender organisational studies helps recognise the extent to which organisations are gendered, and how typical masculine values dominate, as discussed in several contributions in this volume. In our chapter, we use the lens of feminist organisational change strategies to present a tentative basis for a deeper discussion of whether gender can be an agent for change to mitigate shareholder primacy, or more positively phrased: create or facilitate corporate sustainability. This is a much needed analysis. Feminist theory has together with critical theory, with which it has much in common, often been better at critiquing the status quo than changing it. We conclude the chapter by returning to the grand challenge of our time: securing the social foundation for people everywhere now and in the future while staying within planetary boundaries, and reflect on how we can begin to go about dealing with this challenge.

• Fannon, Irene Lynch & Sjåfjell, Beate Kristine (2018). Corporations, Sustainability and Women, Creating Corporate Sustainability. Gender as an Agent for Change. Cambridge University Press. ISSN 9781316998472. p. 1–14. doi: 10.1017/9781316998472.003. Full text in Research Archive Show summary

  This chapter sets the scene for our enquiry regarding sustainability, corporate law theory and the role of gender. This volume is in three parts described in this chapter. First, in Part 1 we present a consideration of the influence of women who have experienced aggressive corporate action first hand and who have sought, as activists, to change the corporate response to improve their lives. Second the chapter provides an introduction Part II where we critique top-down efforts in developed countries to change corporate action by emphasising the importance of particular social goods such as gender equality. These efforts include laws mandating that corporations report on gender equality and sustainability initiatives and which insist on the inclusion of women on corporate boards. Third the chapter introduces Part III of our collection of essays where we consider the gendered nature of modern understandings of some corporate problems, such as the lack of ethical imperatives in modern business and corporate life. This chapter considers the creation of a sustainable corporate ideal. Relying on various ideas including the concept of planetary boundaries and the UN Sustainable Development Goals, we ascribe the fullest meaning to sustainability. We acknowledge the physical constraints which confront us, which simply cannot be ignored. We also include the need for socially sustainable business models which facilitate respect for human and social rights, in addition to economically sustainable actions which will create economically stable and resilient societies. Combining these two themes with corporate theory we conclude that to date there has not been as radical a shift as one might have expected, given ever increasing societal demands for sustainable action. This chapter provides an introduction to a volume which examines different forces and impulses towards corporate change (particularly in the feminist arena) but in the end concludes that we have much more to do. In this chapter we show how our work in this volume will provide some signposts for change. We call for the advancement of a new theoretical framework driven by an ethical imperative supporting sustainable and ethical corporate practices. We introduce the readers to examples of how feminist perspectives have provided a sound critical basis from which legal rules can change traditional and current assumptions. There is no reason why other theories cannot be developed.

• Sjåfjell, Beate (2018). Beyond Climate Risk: Integrating Sustainability into the Duties of the Corporate Board. Deakin Law Review. ISSN 1321-3660. 23, p. 41–62. doi: 10.21153/dlr2018vol23no0art805. Full text in Research Archive Show summary

  While the heat records and wildfires of 2018 brought climate change firmly into the spotlight, what we face is a convergence of environmental, social and economic crises. The grand challenge of our time is how to achieve social progress for all without destroying the very basis of our existence, with climate change being one of several such existential threats. Finding out how business can be a part of the shift to sustainability has never been more crucial. This article starts out with presenting the results of a multi-jurisdictional comparative analysis of corporate law seeking to investigate the barriers to and possibilities for sustainable business in the dominant form for doing business: the corporation. The social norm of shareholder primacy is identified as a main barrier. Shareholder primacy has taken over the space that corporate law leaves open for the discretion of the individual corporate board. Increasing warning signs concerning the financial consequences of climate change and of pressure on other planetary boundaries, as well as of social inequality across and within countries, may signal a change in the mainstream perception of the role of the corporation. The financial risks of ignoring the impacts of unsustainability have the potential for bringing sustainability full circle into the core of profit-seeking purpose of the corporation. Nevertheless, boards will need guidance on how to integrate sustainability into their decision-making. The article concludes with a brief presentation of a work-in-progress Sustainable Governance Model, which can be a starting point for businesses wishing to transition towards sustainability. It can also form the basis for a corporate law reform proposal, which is arguably a necessary step to shift business away from the unsustainable ‘business as usual’ and onto a sustainable path.

• Russell, Roseanne & Sjåfjell, Beate Kristine (2017). Introducing Daughters of Themis: International Network of Female Business Scholars. International and comparative corporate law journal (ICCLJ). ISSN 1388-7084. 12(2), p. 7–12. doi: 10.2139/ssrn.2914153. Full text in Research Archive Show summary

  This paper introduces a special issue of the International and Comparative Corporate Law Journal resulting from the inaugural workshop of Daughters of Themis: International Network of Female Business Scholars in June 2015. The network fosters a strong sense of collegiality motivated by the sincere belief that our research and ultimately the broader academic endeavour is so much richer and enjoyable when we work together to help resolve society’s great challenges. At its heart is its annual workshop where a small number of participants can enjoy sustained discussion of their papers in an inclusive and collegiate atmosphere, genuine collaboration across disciplines is fostered, and informal support and mentoring of junior scholars by more senior participants can take place. This special issue contributes to the understanding of the relationship between women and business and how their contribution and representation is valued. Uniting these contributions, drawn from different disciplinary perspectives and with the articles covering a range of issues, is an appreciation that the current business model and culture is problematic for a sustainable future. Indeed the grand challenge of sustainability lies in securing the social foundation for humanity now and in the future, while staying within the planetary boundaries. Business contribution to meeting this grand challenge is vital, and the questions concerning the role of gender in achieving sustainability are many. This special issue engages with some of these questions and should be perceived as the beginning of a larger discourse to which Daughters of Themis wishes to contribute.

• Sjåfjell, Beate Kristine (2017). When the Solution Becomes the Problem: The Triple Failure of Corporate Governance Codes. In Plessis, Jean Jacques du & Low, C.K. (Ed.), Corporate Governance Codes for the 21st Century: International Perspectives and Critical Analyse. Springer. ISSN 9783319518688. p. 23–55. doi: 10.1007/978-3-319-51868-8_2. Full text in Research Archive Show summary

  Corporate governance codes appear to be regarded as the ultimate sign of a modern and efficient market economy. By-passing the slow machinery of legislation, corporate governance codes are a possibility for corporations and shareholders to signal what they perceive as best practice and nudge the governance of corporations in the desired direction. Symptomatically, when corporate legislation in a country is amended, the corporate governance code is too, to always be one step ahead. But in what direction are these steps taking us? And who is choosing the means and the goals? Already in 2006, Steen Thomsen criticised the codes for lacking ‘theoretical or empirical rationale’, to the extent that they are ‘unlikely to do much good (and if so only by accident)’. Since then, corporate social responsibility language has made its way into ever more codes, without this necessarily resolving any problematic issues with the codes. This chapter discusses corporate governance codes in a critical perspective. Drawing on examples of corporate governance codes from selected jurisdictions from around the world, the chapter concludes that corporate governance codes, generally speaking, are a triple failure. While recognising that there are positive exceptions, corporate governance codes are on a whole informed by and support the shareholder primacy drive, with its negative effects for society, for business and for all shareholders with anything but an extremely short-term perspective. The corporate governance codes facilitate and support a system that is based on externalisation of environmental and social costs of business. Attempts at introducing corporate social responsibility language are generally superficial and not designed to achieve the internalisation of externalities that is required if business and finance is to be sustainable, in the economic, environmental and social sense. Moving from so-called soft-law to hard-law will not rectify the problems that this chapter identifies if this merely involves codifying the detrimental aspects of the codes. The chapter does not take the stance that reform of business and financial law is not required; quite the opposite, reform is urgently needed. However, the chapter addresses the terms of such reform and argues that a fundamentally new approach is required, based on a truly modern and systemic understanding of the role of business and finance and its regulatory ecology in achieving a safe and just operating space for humanity. In Section 2, this chapter introduces the context for the critical analysis including the significance of business and finance in meeting the convergence of crises we are facing globally, and the state-of-the-art research on important barriers to corporate sustainability. The triple failure of the corporate governance codes is the topic of Section 3. The three interlinked aspects of this failure consists of the way the corporate governance codes are informed by and promote the destructive shareholder primacy drive, how that leads to an externalisation especially of social and environmental costs, and how the current tendency to rectify the latter are characterised by superficial attempts at including broader societal interests, which are insufficient in their incremental approach to mitigate the deeply entrenched nature of the shareholder primacy drive. Section 4 presents tentative ideas on the kind of legal reform that is necessary.

• Sjåfjell, Beate Kristine (2017). Regulating for Corporate Sustainability: Why the Public-Private Divide Misses the Point. In Choudhury, Barnali & Petrin, Martin (Ed.), Understanding the Company: Corporate Governance and Theory. Cambridge University Press. ISSN 9781316536384. p. 117–144. doi: 10.1017/9781316536384.008. Full text in Research Archive Show summary

  The intellectually interesting debate on whether the company is a public or private entity may serve as a deflection device, keeping bright academic minds occupied with discussing the nature of the company. Going into the debate risks exacerbating unnecessarily entrenched positions on the nature, purpose and responsibility of the company. It also risks enforcing an impression of a more hard-lined dichotomy between public and private, shareholders and other stakeholders, social responsibility and corporate governance, than there actually is a basis for. Accordingly, it may not help, but rather make more difficult, the discussion of the more important question: How do we regulate for corporate sustainability? A fundamental barrier for businesses shifting voluntarily away from business as usual and onto a path of corporate sustainability is the social norm of shareholder primacy, as has been argued by several commentators and substantiated further through the comparative company law research of the Sustainable Companies Project. This provides the basis for the conclusion that legal reform is necessary. The company law debate we need to have is what such a legal reform should look like and how we can show businesses, policy-makers and legislators that such reform needs to be adopted. This chapter briefly summarizes the comparative company law research on barriers to sustainability and the basis for the argument that company law reform is necessary. Thereafter, a tentative reform proposal for a first step towards corporate sustainability on EU level is presented. The chapter closes with some reflections on what future research should look into and on the hope for achieving sustainable policies.

• Sjåfjell, Beate Kristine; Heidi, Rapp Nilsen & Richardson, Benjamin J. (2017). Investing in Sustainability or Feeding on Stranded Assets? The Norwegian Government Pension Fund Global. Wake Forest Law Review. ISSN 0043-003X. Full text in Research Archive Show summary

  We know that access to finance is crucial if we are to achieve the fundamental transition necessary to meet the grand challenge of our time: securing a safe and just operating within the planetary boundaries. In the era of global market capitalism and deregulation, Sovereign Wealth Funds (SWFs) offer one of the few public economic institutions capable of injecting ecological and social values into global markets. This paper undertakes a case study of the world’s largest SWF, the Norwegian Government Pension Global. The Norwegian Fund is well-known for its ethical profile. This includes exclusion of companies based on products (tobacco, certain weapons, and most recently also coal), and observation and potential exclusion based on conduct (including severe violations of human rights, severe environmental damage, gross corruption and other particularly severe violations of fundamental ethical norms), as well as the Fund’s public statements when withdrawing from companies based on conduct in the cases when its attempts at influencing the companies have failed. The principal thesis of the article is that a misleading dichotomy between ethics and economics has held the Norwegian Fund back from contributing to sustainability, leaving the majority of the Fund’s investments on an unsustainable path of ‘business as usual’. Although there are positive indications, major changes are necessary to realise the Fund’s potential to invest in sustainability.

• Sjåfjell, Beate Kristine (2017). Achieving Corporate Sustainability: What is the Role of the Shareholder? In Birkmose, Hanne (Eds.), Shareholders' Duties. Kluwer Law International. ISSN 9789041166708. Full text in Research Archive Show summary

  We cannot achieve environmental, social and economic sustainability of our societies without the contribution of business and finance. A fundamental transition away from ‘business as usual’ and onto a sustainable path is necessary. The dominant business form is the company, and the role of shareholders, the investors in this business form, is therefore highly topical. Concentrating in this chapter on the influence of the shareholders through the general meeting of European listed companies, we see that while the focus of the mainstream corporate governance debate for a long time has been on strengthening shareholder rights, an emerging and important debate is that on whether shareholders also have duties. This chapter contributes to that debate with a discussion of the potential role of shareholders in achieving corporate sustainability, including whether shareholders have or should have any duties to contribute towards such a goal. Corporate sustainability is here defined as when businesses (or more broadly, economic actors) in aggregate create value in a manner that is (a) environmentally sustainable in the sense that it ensures the long-term stability and resilience of the ecosystems that support human life, (b) socially sustainable in the sense that it facilitates the respect and promotion of human rights, and (c) economically sustainable in the sense that it satisfies the economic needs necessary for stable and resilient societies. In the European Union (EU), we see a tentative recognition of the broader role of shareholders, especially as regards economic sustainability. We also see a rising recognition of the significance of shareholders’ role in promoting environmental and social aspects of sustainability, in part inspired by the debate on ‘stewardship’ originating in Europe with the UK Stewardship Code. We see a reflection of this in the European Parliament’s revisions to the Commission’s proposal to changes in the Shareholders’ Rights Directive, which suggest to broaden the scope to include societal issues. Similarly, the so-called non-financial reporting requirements introduced in 2014 aim to ensure that the largest listed companies disclose ‘the impact of [their] activity, relating to, as a minimum, environmental, social and employee matters, respect for human rights, anti-corruption and bribery matters’, also with the view to facilitating responsible investment. These are examples that illustrate a growing EU interest in encouraging shareholders to contribute to long-term successful business, environmentally, socially and economically. After the introduction of the topic in section 1, this chapter outlines in section 2 the research findings that indicate a strong negative impact of shareholders, in aggregate, on corporate sustainability. Section 3 discusses the role of shareholders in the general meeting as a matter of law. After a short overview of the competence the controlling shareholder has in a general meeting, this focuses on the possibilities for and likelihood of shareholder influence in the general meeting being used to promote corporate sustainability. Section 3 concludes with a brief discussion of shareholder influence outside the general meeting. This is a trend that is encouraged by corporate governance codes and stewardship codes alike, without – as I will argue in this chapter – proper appreciation of the potential negative impacts of this approach. Section 4 discusses shareholders’ emerging and potential duties towards corporate sustainability, including a brief discussion of the stewardship codes, while section 5 outlines tentative ideas on how to reform the role of shareholders in company law as an intrinsic part of a tentative reform proposal.

• Sjåfjell, Beate & Halvorssen, Anita M. (2016). The Legal Status of Oil and Gas Exploitation in the Arctic: The Case of Norway. Oil, Gas and Energy Law (OGEL). 2. Full text in Research Archive Show summary

  The rates of warming in the Arctic are double the average increase on the rest of the planet. The Arctic is especially vulnerable and climate change is already affecting this region. The melting of polar ice and land ice due to climate change, especially in Greenland, also exacerbates climate change amounting to a positive feedback loop. Oil and gas exploitation in the Arctic has additional environmental impacts affecting the marine environment and the atmosphere in the form of pollution in the oceans and a haze in the air space in the lower atmosphere affecting Arctic populations. The Arctic also has an indigenous population of 400,000, many of whom depend on the land and marine resources to uphold their subsistence livelihoods. The environmental and social impacts for these indigenous groups should be integrated into any energy development project in the Arctic. According to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC), fossil fuel production will not be able to continue as it is now if we are to stay below the two-degree Celsius increase in temperature relative to pre-industrial levels. A fundamental shift from fossil fuels to renewables is necessary, with the majority of known fossil fuel reserves needing to remain in the ground. With this backdrop, the article's main question is whether new and large-scale oil and gas exploitation in the Arctic is lawful under international law and domestic law. The article focuses especially on the case of Norway as one of the Arctic states. Starting on the level of international law, the article argues that oil and gas exploitation in the Arctic on a large scale, although not expressly prohibited, would defeat the object and purpose of the UN Framework Convention on Climate Change (UNFCCC), general legal principles relating to climate change, UN Convention on the Law of the Sea (UNCLOS), the Biodiversity Convention and international human rights agreements and declarations, including the UN Declaration on the Rights of Indigenous Peoples. It also breaches the spirit of the EU Treaties' goal of sustainable development. On the national level, Norway's constitutional provision on environmental rights was amended in May 2014. With this amended provision the people of Norway on their own behalf and for future generations have a stronger possibility of enforcing their right to a liveable environment. At a minimum, a right to a liveable environment includes safe-guarding critical environmental processes that regulate the stability of the life-support systems on Earth. The planetary boundaries framework defines nine parameters of the earth system to indicate a safe operating space for humanity, including climate. The June 2015 victories in the Dutch Urgenda case and the U.S. Our Children's Trust case are inspiring indications of an emerging international trend of using the courts as the guardians of this aspect of the very basis of our existence.

• Sjåfjell, Beate (2016). Sustainable public procurement as a driver for sustainable companies? The interface between company law and public procurement law. In Sjåfjell, Beate & Anja, Wiesbrock (Ed.), Sustainable Public Procurement under EU Law. New Perspectives on the State as Stakeholder. Cambridge University Press. ISSN 9781107129641. p. 182–205. doi: 10.1017/cbo9781316423288.011. Full text in Research Archive
• Sjåfjell, Beate & Wiesbrock, Anja (2016). Why should public procurement be about sustainability? In Sjåfjell, Beate & Anja, Wiesbrock (Ed.), Sustainable Public Procurement under EU Law. New Perspectives on the State as Stakeholder. Cambridge University Press. ISSN 9781107129641. p. 1–22. doi: 10.1017/cbo9781316423288.003. Full text in Research Archive
• Wiesbrock, Anja & Sjåfjell, Beate (2016). Public procurement’s potential for sustainability. In Sjåfjell, Beate & Anja, Wiesbrock (Ed.), Sustainable Public Procurement under EU Law. New Perspectives on the State as Stakeholder. Cambridge University Press. ISSN 9781107129641. p. 230–242. doi: 10.1017/cbo9781316423288.013. Full text in Research Archive
• Anker-Sørensen, Linn & Sjåfjell, Beate Kristine (2016). Vår europeiske selskapsrett, 3. utgave. Selskapsrettstidsskriftet. Tidsskriftet for selskaper, markeder, samfunn og miljø. Full text in Research Archive
• Sjåfjell, Beate (2016). The Courts as Environmental Champions: The Norwegian Hempel Cases. European Company Law. ISSN 1572-4999. 13(5), p. 199–206. Full text in Research Archive Show summary

  This article presents the Hempel cases from the Norwegian courts, where a Danish parent company (Hempel AS) first was ordered to pay the costs for investigating the extent of pollution in ground previously owned by its Norwegian subsidiary, and then to pay the costs for cleaning up the pollution. The article argues that these decisions, although formally based on provisions in the Norwegian Pollution Control Act, de facto are innovative examples of case-law based liability, where society’s interest in environmental protection is prioritised over society’s and shareholders’ interest in protecting shareholders’ limited liability. Enhanced due diligence may be the result.

• Sjåfjell, Beate (2015). The Legal Significance of Article 11 TFEU for EU Institutions and Member States. In Sjåfjell, Beate & Wiesbrock, Anja (Ed.), The Greening of European Business under EU Law. Taking Article 11 TFEU Seriously. Routledge. ISSN 9781138019560. doi: 10.4324/9781315767864-4. Full text in Research Archive Show summary

  The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.

• Sjåfjell, Beate (2015). Corporate governance for sustainability. The necessary reform of EU company law. In Sjåfjell, Beate & Wiesbrock, Anja (Ed.), The Greening of European Business under EU Law. Taking Article 11 TFEU Seriously. Routledge. ISSN 9781138019560. Full text in Research Archive Show summary

  The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.

• Wiesbrock, Anja & Sjåfjell, Beate (2015). The importance of Article 11 TFEU for regulating business in the EU: Securing the very basis of our existence. In Sjåfjell, Beate & Wiesbrock, Anja (Ed.), The Greening of European Business under EU Law. Taking Article 11 TFEU Seriously. Routledge. ISSN 9781138019560. doi: 10.4324/9781315767864-1. Full text in Research Archive Show summary

  The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.

• Sjåfjell, Beate (2015). Gender Diversity in the Board Room & Its Impacts: Is the Example of Norway a Way Forward? Deakin Law Review. ISSN 1321-3660. 20(1), p. 25–51. doi: 10.21153/dlr2015vol20no1art501. Full text in Research Archive
• Wiesbrock, Anja & Sjåfjell, Beate (2015). The Jigsaw Puzzle of Sustainability. In Sjåfjell, Beate & Wiesbrock, Anja (Ed.), The Greening of European Business under EU Law. Taking Article 11 TFEU Seriously. Routledge. ISSN 9781138019560. doi: 10.4324/9781315767864-10. Full text in Research Archive Show summary

  The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.

• Sjåfjell, Beate; Johnston, Andrew; Anker-Sørensen, Linn Cecilie; Millon, David & Richardson, Bejamin (2015). Shareholder Primacy: the Main Barrier to Sustainable Companies. In Sjåfjell, Beate & Richardson, Benjamin J. (Ed.), Company Law and Sustainability: Legal Barriers and Opportunities. Cambridge University Press. ISSN 9781107043275. p. 79–147. doi: 10.1017/cbo9781107337978.005. Full text in Research Archive
• Richardson, Benjamin J. & Sjåfjell, Beate (2015). Capitalism, the Sustainability Crisis and the Limitations of Current Business Governance. In Sjåfjell, Beate & Richardson, Benjamin J. (Ed.), Company Law and Sustainability: Legal Barriers and Opportunities. Cambridge University Press. ISSN 9781107043275. p. 1–34. doi: 10.1017/cbo9781107337978.003. Full text in Research Archive
• Sjåfjell, Beate & Richardson, Benjamin J. (2015). The Future for Company Law and Sustainability. In Sjåfjell, Beate & Richardson, Benjamin J. (Ed.), Company Law and Sustainability: Legal Barriers and Opportunities. Cambridge University Press. ISSN 9781107043275. p. 312–340. doi: 10.1017/cbo9781107337978.010. Full text in Research Archive
• Anker-Sørensen, Linn & Sjåfjell, Beate (2015). Vår europeiske selskapsrett, 2. utgave. Selskapsrettstidsskriftet. Tidsskriftet for selskaper, markeder, samfunn og miljø. Full text in Research Archive
• Anker-Sørensen, Linn Cecilie & Sjåfjell, Beate (2014). Vår europeiske selskapsrett. Selskapsrettstidsskriftet. Tidsskriftet for selskaper, markeder, samfunn og miljø. Full text in Research Archive
• Sjåfjell, Beate (2014). Sustainable Companies: Possibilities and Barriers in Norwegian Company Law. International and comparative corporate law journal (ICCLJ). ISSN 1388-7084. doi: 10.2139/ssrn.2311433. Full text in Research Archive Show summary

  Climate change is a case in point for the necessity of working towards a sustainable development; towards achieving economic development and social justice within the non-negotiable limits of our planet, as is the biodiversity crisis. Norway, home of Gro Harlem Brundtland, chair of the UN-appointed Commission that through its report “Our Common Future” put sustainable development on the global agenda, prides itself on being an environmentally-friendly nation. Although Norway does have a good international repute, its oil-based economy makes the challenge of achieving a smooth transition to a sustainable economy (in the environmental and social sense as well as the economic) no less for Norway than for other countries. In such a transition, business will inevitably need to play an important role. The vast impact that the operations of companies today, on an aggregated level, have on the global economy, on society in general and on the biosphere and the atmosphere, means that a critical analysis of the purpose of companies and the regulatory framework within which they operate is crucial to a deeper understanding of the correlation between society and sustainable development. The company is the most important private legal vehicle to gather capital, generate profits and redistribute income in the world. Companies are also the main contributors to anthropogenic greenhouse gas (GHG) emissions through their choices concerning research and development, their use of resources, their production and transportation, and their – and the end users' – use and recycling or discharge of products. In other words, companies are a major contributor to the problem. They can also become a key factor in finding the solution. The discussion of how to resolve this should rise above and go beyond the corporate social responsibility (CSR) debate. As a part of the work in the Oslo-based research project Sustainable Companies, this paper therefore maps the possibilities and barriers in the Norwegian legal framework for companies for promoting sustainable companies in the environmental sense. The aim of the project is to find out how to better integrate environmental concerns into the decision-making in companies. The core focus of the papers, as of the project itself, is the hither-to to a great extent ignored area of company law. This first section of the paper goes on to set out the backdrop: the Norwegian corporate scene and the legal sources and their inherent methodological challenges, for the guidance of the international reader. Section 2 analyses core company law issues relevant to the integration of environmental concerns in companies, including the purpose of the company and the company interest, and the competences of the various company organs. Section 3 analyses the important supportive area of reporting, accounting and auditing, which is the current compromise solution for those wishing companies to act more responsibly. Section 4 discusses liability and enforcement related to these rules and other means of promoting environmental sustainability in companies, while Section 5 briefly assesses other potential incentives and disincentives. Section 6 and 7 assesses the potential barriers and possibilities in the Norwegian regulation of groups of companies, while Section 8 concludes.

• Sjåfjell, Beate & Mähönen, Jukka (2014). Upgrading the Nordic Corporate Governance Model for Sustainable Companies. European Company Law. ISSN 1572-4999. 11(2), p. 58–62. Full text in Research Archive Show summary

  Business as usual is no longer an option. How can the competitive advantage be given to countries and their companies that wish to pursue sustainable profit? This article presents the core of a legal reform proposal in a Nordic context, introducing planetary boundaries as a company law concept, with a redefined purpose for companies and a corresponding reform of the duties of the board.

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• Sjåfjell, Beate Kristine; Tsagas, Georgina & Villiers, Charlotte (2023). Sustainable Value Creation in the European Union: Towards Pathways to a Sustainable Future through Crises. Cambridge University Press. ISBN 9781009243896. 400 p. Full text in Research Archive
• Sjåfjell, Beate Kristine; Russell, Roseanne & Velden, Maja van der (2023). Interdisciplinary Research for Sustainable Business. Springer. ISBN 9783031069246. 252 p. Full text in Research Archive Show summary

  This volume brings together contributions from women business scholars from a range of disciplines and countries. The starting point was a collaborative research meeting organised by Daughters of Themis: International Network of Female Business Scholars in June 2017. The volume highlights the difficulties and the possibilities that lie in working together across disciplines with the aim of achieving corporate sustainability. The volume is written from the perspective of women business scholars, thereby offering outside viewpoints in fields that still are very much dominated by men, and fresh insights and innovate ideas. In three main parts, the authors address the need for interdisciplinarity in research to identify ways to ensure the contribution of business to sustainability, showcasing a number of theoretical and applied approaches for researching sustainable business. The volume ‘s introductory chapter situates the volume in discourses of sustainability and corporate sustainability. It presents the Daughters of Themis Network and provides a short description of the successive eleven chapters. In Part I, Reflections, contributors discuss the significance of interdisciplinary research, how to work across disciplines, as well as the challenges of doing so. In Part II, Theory, contributors discuss theoretical and methodological aspects of interdisciplinary research. Part III presents the Practice of interdisciplinary research. In the introductory chapter, the editors reflect on the insights that can be drawn out of the contributions, and discuss the potential for future developments of interdisciplinary research for sustainability, as well as how interdisciplinary research can be communicated. The book is intended for business scholars, and will particularly appeal to those working in law, accountancy and finance, management, and organization studies.

• Sjåfjell, Beate Kristine & Mähönen, Jukka Tapio (2023). Nordic Company Law: Broadening the Horizon. Universitetsforlaget. ISBN 9788215054094. 344 p. Full text in Research Archive
• Sjåfjell, Beate Kristine; Russell, Roseanne & Velden, Maja van der (2023). Interdisciplinary Research for Sustainable Business: Perspectives of Women Business Scholars. Springer Nature. ISBN 9783031069239. 266 p. Full text in Research Archive
• Sjåfjell, Beate Kristine; Liao, Carol & Argyrou, Aikaterini (2022). Innovating Business for Sustainability: Regulatory Approaches in the Anthropocene. Edward Elgar Publishing. ISBN 9781839101311. 328 p. Full text in Research Archive
• Sjåfjell, Beate Kristine & Bruner, Christopher M. (2019). The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability. Cambridge University Press. ISBN 9781108473293. 737 p. Full text in Research Archive
• Sjåfjell, Beate Kristine & Fannon, Irene Lynch (2018). Creating Corporate Sustainability. Gender as an Agent for Change. Cambridge University Press. ISBN 9781316998472. 338 p. Full text in Research Archive
• Sjåfjell, Beate & Anja, Wiesbrock (2016). Sustainable Public Procurement under EU Law. New Perspectives on the State as Stakeholder. Cambridge University Press. ISBN 9781107129641. 268 p. Full text in Research Archive
• Sjåfjell, Beate & Stubhaug, Arild (2015). Fra ord til handling - Om Grunnlovens miljøparagraf 112. Institutt for privatrett. ISBN 9788272362491. 147 p. Full text in Research Archive
• Sjåfjell, Beate & Wiesbrock, Anja (2015). The Greening of European Business under EU Law. Taking Article 11 TFEU Seriously. Routledge. ISBN 9781138019560. 212 p. Full text in Research Archive Show summary

  The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.

• Sjåfjell, Beate & Richardson, Benjamin J. (2015). Company Law and Sustainability: Legal Barriers and Opportunities. Cambridge University Press. ISBN 9781107043275. 350 p. Full text in Research Archive

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• Sjåfjell, Beate Kristine (2024). Book review: Peter Muchlinski, Multinational Enterprises and the Law (Oxford: Oxford University Press, 2021, third edition, with a contribution from Ebbe Rogge), 912 pages. Business and Human Rights Journal. ISSN 2057-0198. 9(1), p. 193–196. doi: 10.1017/bhj.2024.1. Full text in Research Archive
• Sjåfjell, Beate Kristine (2022). PluriCourts Lunch Seminar: Conceptualising Corporate Sustainability Law. Full text in Research Archive
• Sjåfjell, Beate & Nilsen, Heidi Rapp (2019). Pretty villages aside, Norway has not stopped drilling for oil - and it may never lose its fossil fuel addiction. Independent - nettavis. Full text in Research Archive
• Fisher, Aled Dilwyn & Sjåfjell, Beate (2015). Hvor langt rekker lovens lange arm? Juss og politikk i klimakampen. In Ytterstad, Andreas (Eds.), Broen til framtiden. Gyldendal Akademisk. ISSN 9788205487772. Full text in Research Archive
• Sjåfjell, Beate (2015). The Role of Business Law in the Jigsaw Puzzle of Sustainability. Building Sustainable Legacies: The New Frontier of Societal Value Co-Creation. ISSN 2053-8898. p. 42–56. Full text in Research Archive
• Sjåfjell, Beate (2014). Sustainable Companies: A Contribution to the Jigsaw Puzzle of Sustainability. Full text in Research Archive
• Sjåfjell, Beate (2014). Hvordan kan selskapsretten bidra til bærekraftig utvikling? Et tentativt forslag til en ny rettslig infrastruktur for bærekraftige selskaper. Full text in Research Archive
• Sjåfjell, Beate (2014). Statlig aksjonærs virkemiddel for bærekraftige selskaper. Full text in Research Archive
• Sjåfjell, Beate (2014). Gi de gode selskapene konkurransefordelen: En ny rettslig infrastruktur for bærekraftige selskaper. Full text in Research Archive
• Sjåfjell, Beate (2014). Staten som majoritetsaksjonær i et globalt Statoil - juridiske utfordringer og muligheter. Full text in Research Archive
• Foss, Håkon Frede & Sjåfjell, Beate (2014). Refser retten for «ansvarspulverisering». [Journal]. Dagens Næringsliv. Full text in Research Archive
• Sjåfjell, Beate (2014). Elefantene i aksjerommet. p. 3–3. Full text in Research Archive
• Sjåfjell, Beate; Haugan, Peter M. & Fisher, Aled Dilwyn (2014). UiO-ledelsens troverdighet er svekket. Morgenbladet. ISSN 0805-3847. Full text in Research Archive
• Sjåfjell, Beate (2014). Grunnlovens klima- og miljøkrav. UiO web. Full text in Research Archive
• Sjåfjell, Beate (2014). Bærekraftige selskaper. Nytt i privatretten : nyhetsbrev for informasjon på det privatret. ISSN 1501-9594. 16(3), p. 23–24. Full text in Research Archive
• Sjåfjell, Beate (2014). Gender Diversity in the Board Room & Its Impacts Is the Example of Norway a Way Forward? Full text in Research Archive
• Sjåfjell, Beate; Nilsen, Heidi Rapp & Mähönen, Jukka (2021). 'Bidrag til Amnestys argumentsamling om oljefondet og forhåndsfiltrering', i rapporten fra Amnesty: "Oljefondets nye etiske rammeverk - rigget for framtiden?". Amnesty International. Full text in Research Archive
• Nilsen, Heidi Rapp & Sjåfjell, Beate (2018). Svar på Høring – NOU 2018: 12 Energiaksjer i Statens pensjonsfond utland. Finansdepartementet. Full text in Research Archive

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