Enforcing Corporate Social Responsibility Codes

"Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective to show the public their commitment to respect human rights, to improve fundamental workplace standards worldwide and to not pollute the natural environment. These corporate codes have become a crucial element in the regulatory architecture for globally operating companies. By focusing on the characteristics of the codes, their effects on society, and their legal consequences, this book seeks to provide a comprehensive analysis of corporate codes and the law. Enforcing Corporate Social Responsibility Codes develops proposals on the relation between global corporate self-regulation and the national private law systems. It uses methods of comparative law and sociological jurisprudence to argue that national private law can, and in fact should, enforce these codes as genuine legal obligations. The author formulates legal policy recommendations for English and German private law which indicate how the proposed legal enforcement could be practically realised."--Bloomsbury Publishing.

Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective of showing the public their commitment to respect human rights, to improve fundamental workplace standards worldwide and to protect the natural environment. These corporate codes have become a crucial element in the regulatory architecture for globally operating companies. By focusing on the characteristics of the codes, their effects on society and their legal consequences, this book seeks to provide a comprehensive analysis of corporate codes and the law. Enforcing Corporate Social Responsibility Codes develops proposals on the relationship between global corporate self-regulation and the national private law systems. It uses methods of comparative law and sociological jurisprudence to argue that national private law can, and in fact should, enforce these codes as genuine legal obligations. The author formulates legal policy recommendations for English and German private law that indicate how the proposed legal enforcement could be realised in practice. The dissertation on which this book is based was awarded the second prize in the humanities category of the Deutscher Studienpreis (German Thesis Award) by the Koerber Foundation in November 2015.

This book analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. The book demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain. This book introduces an ethics and CSR system recommending a reward-based whistleblowing mechanism, internal oversight by a CSR and Ethics Committee comprised of independent board members and at least one sustainability expert, and an external, independent and comprehensive assurance of CSR reports provided by auditing firms or newly formed governmental agencies consisting of certified CSR experts. The author emphasizes the significance for supply chain leaders to ensure contractual enforcement of their codes of business ethics and conduct along the supply chain. Against this background, the author created a comprehensive fictitious case scenario covering a supply chain dispute arising from the breach of the supply chain leader’s code of business conduct and ethics by a lower-tier supply chain member. The author acknowledges the fact that in most of the cases the governing law of international supply chain contracts is English law or law based on English law. Thus, the author discusses potential contractual claims for damages arising from a loss of profits caused by a loss of reputation resulting from violations of core provisions of the chain leader’s supplier code of conduct pursuant to English law. As international supply chain disputes usually involve more than two parties, and international arbitration is the ideal means for the resolution of these disputes, the book compares the arbitration rules for consolidations and joinders of some of the most significant international arbitration institutions: SIAC, ICC, AIAC, ICDR, VIAC, CIETAC and HKIAC. The book is directed at legal practitioners, legislators of various jurisdictions, board members of corporations, ethics and compliance officers, academics, researchers and students. It is the author’s main goal that the book serves as an inspirational source for the establishment or the improvement of a corporate ethics and CSR system preventing window-dressing and greenwashing and covering the entire supply chain. Furthermore, it is intended that students develop a deeper understanding for the enforcement of corporate ethics and CSR policies.

Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective of showing the public their commitment to respect human rights, to improve fundamental workplace standards worldwide and to protect the natural environment. These corporate codes have become a crucial element in the regulatory architecture for globally operating companies. By focusing on the characteristics of the codes, their effects on society and their legal consequences, this book seeks to provide a comprehensive analysis of corporate codes and the law. Enforcing Corporate Social Responsibility Codes develops proposals on the relationship between global corporate self-regulation and the national private law systems. It uses methods of comparative law and sociological jurisprudence to argue that national private law can, and in fact should, enforce these codes as genuine legal obligations. The author formulates legal policy recommendations for English and German private law that indicate how the proposed legal enforcement could be realised in practice. The dissertation on which this book is based was awarded the second prize in the humanities category of the Deutscher Studienpreis (German Thesis Award) by the Koerber Foundation in November 2015.

Globalization has altered in significant ways the tools available to regulate international commerce. One result is the emergence of ethics codes, codes of responsible conduct, and best practice codes designed to win adherence to internationally acceptable norms of conduct on the part of corporations and other organizations interacting in the global market place. This volume looks at these developments with particular focus on five topic areas: respect for human rights, treatment of labor, bribery and corruption, environmental protection, and international finance and the control of money laundering. What is significant about these developments is the emerging emphasis on self-regulation as the primary method for raising standards of corporate conduct. The contributors examine the reasons for the emergence of ethical codes and the phenomenon of self-regulation within the context of globalization and look at the role of national governments, international government institutions and other international organizations in shaping and enforcing them. They also study the implications of these developments for corporate governance and the changing roles of national and international institutions in the regulation of international commerce.

This book addresses key issues related to the choice between governments regulating and enforcing society’s sustainability and social responsibility objectives, and firms reporting on their sustainable and socially responsible activities so stakeholders can exert pressure on firms to achieve society’s goals. While these may be considered as the two endpoints of a continuum, it is clear that there are differing perspectives on the role of governments in sustainability and responsibility. At one end of this continuum are stakeholders who believe the only way to achieve a sustainable and socially conscious society is to establish and enforce regulations with the concomitant governmental organizations to oversee and enforce those regulations. At the other end are those who consider firms to be crucial organizations for achieving sustainability and socially responsible outcomes, and who feel it is the responsibility of stakeholders to determine the legitimacy of firms’ actions. It is probably not the case that any economies exist at either end of this continuum, but it is clear that the availability of reliable information is critical for any stakeholder to review the performance of either the governments or the firms. This book presents a varied set of papers that explore the issues that must be considered, regardless of which position a stakeholder takes.

Monograph on business ethics and corporate social responsibility in the USA - covers protecting natural resources and urban area environments, aiding developing areas, meeting consumer needs, etc., and considers the need for government policy measures to enforce such conduct. References.

This book explores the challenges and opportunities presented by the formulation of a global code of conduct for transnational corporations. It assesses the current state of research on global regulations intended to enhance the social responsibility of transnational corporations, and provides a platform for future research. In particular the book examines frameworks and instruments for regulating social responsibility, reviews recent developments concerning the proposed UN Code of Conduct on Transnational Corporations, and provides insights into international civil society groups’ movements in pursuit of a code of conduct. In a separate chapter the book discusses theoretical issues in regulating transnational corporations, and investigates their legitimacy and behavioral dynamics. In closing, the book discusses alternatives to a global code of conduct, the impact of sovereign power in the era of globalization, “soft regulations,” and the feasibility and normative efficacy of enforcing regulations.

The Corporate Responsibility Code Book has become the go-to guide for companies trying to understand the landscape of corporate responsibility and searching for their own, unique route towards satisfying diverse stakeholders. There is no one-size-fits-all approach. A company may face quite different challenges if it operates in more than one part of the world. And yet stakeholders, especially consumers and investors, are keen for some degree of comparability with which they can evaluate corporate performance. There are countervailing forces at work within corporate responsibility: on the one hand is the need for convergence in order to simplify the large numbers of codes and standards; and, on the other hand, the need to foster diversity and innovation. Many of the best codes of conduct and standards are not well known, while some CR instruments that are well disseminated are not terribly effective. Some comprehensive codes of conduct achieve nothing, while other quite vague codes of conduct become well embedded into the organization and foster innovation and change. This landmark book explains the best CR instruments available, and distils their most valuable elements. In the fully revised third edition, Deborah Leipziger widens her lens to provide detailedanalysis of the UN Guiding Principles on Business and Human Rights, the Gender EqualityPrinciples and ISO 26000 while updating other key tools such as the Equator Principles, the OECD guidelines and GRI’s new G4 framework. The codes in this book cover a wide range of issues, including human rights, labour rights,environmental management, corruption and corporate governance. The book also includeshow-to (or process) codes focusing on reporting, stakeholder engagement and assurance.