La reconstrucción del interés social en la transición hacia la creación de valor empresarial sostenible

Abstract

Most large companies have been deploying new standards of corporate conduct around sustainability. This shift in the «corporate purpose» trend has led large corporations to reinterpret their corporate purpose when, in order to achieve profit for shareholders, they take into account other interests, if this is in line with long-term sustainability as an element of value creation. This approach has consequences: on the one hand, for the fiduciary duties of directors as those primarily responsible for the strategic management of the company; on the other hand, because of foreseeable litigation, since a number of companies may be harmed by those who unfairly gain an unfair advantage based on unfounded environmental claims, the so-called «ecopostureo» or greenwasing, against which European legislation has already begun to be deployed.