Corporate Social Responsibility And The Critical Role Of The Lawyer

In a dramatic departure from its voluntary origins, corporate social responsibility (CSR) is rapidly shifting to hold multinational companies accountable for more than traditional shareholder performance. This CSR movement is embracing new environmental, social and governance (ESG) frameworks that both promote global sustainability goals and enhance accountability for negative impacts businesses can have on ‘planet and people’. This collection of essays by leading businesspeople, international civil servants, legal practitioners, academics, and other experts offers a forward-looking and pragmatic perspective that illuminates the major themes in this movement towards increasingly sustainable, transparent and accountable business practices. The collection shows how CSR has evolved to account for societal pressures, environmental, climate change and human rights impacts, international policy imperatives and the practical challenges of regulating commercial activity that transcends borders. The chapters offer an in-depth examination of current issues including: international frameworks and multistakeholder initiatives catalysing foundational change; the shifting emphasis on corporate imperatives to avoid harm to third parties; trends in CSR, focused on assuring the planet's future sustainability and social stability; regulatory initiatives around the globe, including Europe, North America, Asia and Africa; and extended accountability for activities of corporate group members and supply chains. The pressure and business case for companies to incorporate CSR into corporate governance is intensifying with each quarter, shareholder meeting, and regulatory agenda. The integration of CSR and new ESG frameworks into multinational corporate strategy and operations is key to sustainable business models that can generate long-term value for the organization and all stakeholders. Their acceptance as cornerstones of 21st century business practice appears inevitable. Taking full account of the imperative for companies and their lawyers to grapple with the practical and legal challenges in this area, this volume is an invaluable and pragmatic addition to the practitioners’ toolbox at this important juncture in an ever-more dynamic field.

This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Corporate Social Responsibility, Human Rights and the Law examines the responsibilities of business enterprises for human rights from a legal perspective. It analyses the legal status of the ‘corporate responsibility to respect human rights’ as articulated by the United Nations Guiding Principles on Business and Human Rights (UNGPs). This concept currently reflects an international consensus and is promoted by the UN. The book contemplates the various founding perspectives of the UNGPs, and how the integration of notions such as ‘principled pragmatism’ and ‘polycentric governance’ within its framework provides insights into the future course of law and policy, compliance, and corporate respect for human rights. The book thus takes a global focus, examining the interaction of Corporate Social Responsibility (CSR), human rights, and the law in a broader global governance context. Setting out a possible future scenario for the legalization of the corporate responsibility to respect human rights that is informed by the UNGPs' founding perspectives and reflects current realities in the human rights landscape, this book will be of great interest to scholars of business ethics, international human rights law, and CSR more broadly.

The current theory of corporate social responsibility (CSR) is developing along three interwoven lines - oral, social, and environmental. Although everybody recognizes that although CSR is of growing concern in a globalized economy, it being at the top of the board of director's agenda and also good for business, there is no sign of consensus on its rules, structures, or procedures. Now, this collection of essays by leading jurists, businesspeople, and academics takes a giant step toward a more cohesive and durable set of principles that can contribute to a cleaner environment and a better society while respecting and protecting the interests of all stakeholders.

Current debate surrounding social responsibility has neglected to fully comprehend the important role of national private law in achieving socially responsible conduct in business.

The current theory of corporate social responsibility (CSR) is developing along three interwoven lines moral, social, and environmental. Although everybody recognizes that although CSR is of growing concern in a globalised economy, it being at the top of the board of director's agenda and also good for business, there is no sign of consensus on its rules, structures, or procedures. Now, this collection of essays by leading jurists, businesspeople, and academics takes a giant step toward a more cohesive and durable set of principles that can contribute to a cleaner environment and a better society while respecting and protecting the interests of all stakeholders. The authors approach this complex but critical subject from a variety of perspectives, including the following: the role of CSR in corporate governance; the legal enforceability of CSR rules; the impact of international human rights standards; CSR as part of corporate DNA; choice of CSR strategy defensive or offensive; the need for fair competition between developing country exporters; the prospects for international social protection for workers; enforcement of minimal standards in remote locations; the active search for eco-efficient solutions; corporate assumption of human rights responsibilities; and the legal weight of codes of conduct the role of the lawyer in CSR. In a world where the annual income of the five largest business corporations is more than double the combined GNPs of the 50 poorest countries, the need for meaningful standards of corporate social responsibility should be obvious. The well-informed and considered analyses in this remarkable volume provide an excellent starting point for those anxious to move the agenda forward in this area that, despite the efforts of many companies, often seems so intractable. The book will be of immeasurable value to all professionals and academics in relevant fields of law, policy, and business.

As corporate states join the universe of nation states, the challenge of securing both corporate social responsibility and accountability becomes one of the core challenges facing the social and legal order. Bryan Horrigan s masterly, comprehensive account of this protean subject offers an assured guide for future thought and action. Paul Redmond, Professor, University of Technology, Sydney, Australia CSR continues to be one of the most important aspects of business in the global economy receiving much attention from business managers, government leaders and academics. While continuing to increase in prominence, there are many aspects and many approaches evolving in this global phenomenon. In this book Horrigan provides the most complete interdisciplinary analysis of these perspectives yet undertaken combining theoretical insights with practical examples while pointing the way forward towards future developments. David Crowther, Professor, De Montfort University, UK and Social Responsibility Research Network In this book Professor Horrigan brings together the many facets of, and perspectives on, the concept [of CSR]. . . and he places them in the context of the development of thought in the crossover from the 20th to the 21st century. . . I doubt whether such an ambitious and comprehensive account of the concept has been previously attempted. There is no doubt that it is a hugely important subject in today s world; and one which will not go away. I believe that the book will be valuable to all who need to deal with this issue, whether as government officials, regulators, businessmen, lawyers, academics, media commentators or concerned citizens. The Right Honourable Lord Butler of Brockwell KG, GCB, CVO, was Secretary of the United Kingdom Cabinet and Head of the Home Civil Service from 1988 to 1998. 1998 2008 Master of University College Oxford and a Non-Executive Director of ICI plc and of HSBC Holdings, also Chairman of the Board's Corporate Social Responsibility Committee This timely and thorough book offers one of the most wide-ranging, inter-disciplinary, and cross-jurisdictional analyses of corporate social responsibility so far in the 21st century. Professor Bryan Horrigan spans subjects as diverse and topical as global corporate responsibility and governance debates, practical guidelines for responsible businesses and their professional advisers, governmental roles in corporate social responsibility, corporations and human rights, and the new era of enlightened shareholder value . He also highlights an emerging transnational and comparative body of law, regulation, and practice on corporate social responsibility. Illustrated throughout with meaningful controversies and examples, the book also highlights the major recent global developments in corporate social responsibility already this century, focusing especially on Europe, the UK, North America, and Australasia, and charting its future regulatory and research directions worldwide. The book s scholarly foundation, up-to-date coverage, and accessible style will appeal particularly to academic researchers and students of corporate social responsibility in the fields of law, business, management, economics, and political science in a number of countries. It will also be of great interest and use to those whose work involves corporate social responsibility within government, business, and civil society.

The complicated interactions between business, law, and societal expectations pose an unprecedented challenge in modern commerce. Businesses navigate an intricate ecosystem shaped by legal principles, government regulations, and evolving societal values. The Research Anthology on Business Law, Policy, and Social Responsibility comprehensively explores critical issues as societal expectations for responsible business practices rise across a four-volume collection. The anthology's timely significance makes this reference with an exhaustive coverage an indispensable resource. Carefully curated, the collection sheds light on the latest trends, techniques, and applications in business law and policy. Covering topics from the transformation of business ethics in the digital era to the role of multi-national corporations in enforcing competition laws, the anthology serves as a vital reference for academics, lawyers, policymakers, and business professionals. Libraries seeking expansive and diverse research materials will find this anthology to be an exceptional solution, enriching the academic environment and serving as an invaluable tool for researchers, educators, and students. The Research Anthology on Business Law, Policy, and Social Responsibility is a comprehensive addition to any institution's collection, addressing the diverse needs of those exploring the landscape of business law and policy.

Over the last 30 years, corporate social responsibility (CSR) has become a household term, reflecting a combination of factors that we have come to associate with that most catch-all of terms "globalization," including the widespread popular concern with such social issues as the environment and international human rights. Corporate Social Responsibility examines the history of the idea of business ethics (which goes back at least to ancient Mesopotamia) before exploring the state of CSR today. This book argues that a wide-ranging understanding of the purpose of business is necessary to create value for a community of stakeholders which in turn can generate a sustainable future. The book suggests that corporations still have a long way to go, but remains optimistic. The book’s sanguine interpretation of the current state of corporate affairs and a recommended way forward, results not only from the authors analysis, but also his direct experience. This book presents the case that we are in the midst of a major paradigm shift in our understanding of the purpose of business and that this new understanding holds much promise for business being a significant force for a more just and peaceful world. This work provides a concise overview of CSR and an important examination of the present and future work of the UN Global Compact and will be of interest to students of international organizations, international business and corporate social responsibility.