Domestic Adjudicative Institutions, Developing Countries and Sustainable Development: Linkages and Limitations

Onyeka K. Osuji, Paul Abba

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The chapter draws insights from the institutional theoretic model to investigate the role of courts and other formal adjudicative institutions in promoting sustainable development. Its tripartite institutions framework emphasises the knowledge and communicative elements of sustainable development flowing from key social actors such as adjudicative institutions to other segments of society. Using environmental protection as a case study and making references to national laws and judicial decisions, the chapter demonstrates that adjudicative institutions can manifest a commitment to sustainable development, affirm applicable global standards influence other actors in, and segments of, society. It is argued that the regulatory role of adjudicative institutions includes constitutionalisation of sustainable development, empowerment of individuals and stakeholder groups and addressing vulnerability of victims while the normative role ensures the internalisation and transmission of sustainable development values. The cognitive role includes reshaping local practices by promoting effective glocalisation and appropriate corporate governance and social responsibility for sustainable development. While it shows adjudicative institutions as a key champion for sustainable development in the public and private spheres, the chapter proposes solutions to overcoming impediments to such as lack of explicit provisions, narrowly focusing on compensatory remedies, locus standi, forum non conveniens and choice of law.
Original languageEnglish
Title of host publicationCorporate Social Responsibility in Developing and Emerging Markets
Subtitle of host publicationInstitutions, Actors and Sustainable Development
EditorsOnyeka K. Osuji, Franklin N. Ngwu, Dima Jamali
PublisherCambridge University Press
Chapter4
Pages49-84
Number of pages36
ISBN (Print)9781108472111
DOIs
Publication statusPublished - Dec 2019
Externally publishedYes

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    Osuji, O. K., & Abba, P. (2019). Domestic Adjudicative Institutions, Developing Countries and Sustainable Development: Linkages and Limitations. In O. K. Osuji, F. N. Ngwu, & D. Jamali (Eds.), Corporate Social Responsibility in Developing and Emerging Markets: Institutions, Actors and Sustainable Development (pp. 49-84). Cambridge University Press. https://doi.org/10.1017/9781108579360.006