Responsible Enterprise
The emergence of a global economic order
Zusammenfassung
Spiesshofer
Responsible Enterprise This fundamental work analyses the great variety of normative processes encompassed by the term ‘Corporate Social Responsibility’ (CSR) and subjects them to a systematic and critical examination. Domestic and supranational legislation, international law and transnational private law instruments – supplemented and superseded by soft law and informal steering by private and public organisations – are the ‘smart mix’ from which a global order for enterprise responsibility is emerging. The author relates these processes to fundamental considerations on the conception of enterprise, the justification and scope of enterprise responsibility and publicprivate governance. She reveals that the informalization of norm-creation and its transfer to the executive and private actors raises fundamental questions of national sovereignty, democratic legitimation and rule of law. A new conception of ‘law’ is also required.
The book links theory and practice and focuses, inter alia, on the following issues:
-
Fundamentals of the CSR discussion
-
CSR conceptions of the United Nations, the OECD, ISO, the EU and their interplay with national legal structures
-
Sector-specific CSR-conceptions (mining, finance, textile, legal profession)
-
New conceptions of enterprise and group responsibility
-
Transnational public-private governance and innovative norm creation
-
The new CSR world order – a ‘legal internet’?
Abstract
Spiesshofer
Responsible Enterprise This fundamental work analyses the great variety of normative processes encompassed by the term ‘Corporate Social Responsibility’ (CSR) and subjects them to a systematic and critical examination. Domestic and supranational legislation, international law and transnational private law instruments – supplemented and superseded by soft law and informal steering by private and public organisations – are the ‘smart mix’ from which a global order for enterprise responsibility is emerging. The author relates these processes to fundamental considerations on the conception of enterprise, the justification and scope of enterprise responsibility and publicprivate governance. She reveals that the informalization of norm-creation and its transfer to the executive and private actors raises fundamental questions of national sovereignty, democratic legitimation and rule of law. A new conception of ‘law’ is also required.
The book links theory and practice and focuses, inter alia, on the following issues:
-
Fundamentals of the CSR discussion
-
CSR conceptions of the United Nations, the OECD, ISO, the EU and their interplay with national legal structures
-
Sector-specific CSR-conceptions (mining, finance, textile, legal profession)
-
New conceptions of enterprise and group responsibility
-
Transnational public-private governance and innovative norm creation
-
The new CSR world order – a ‘legal internet’?
- Kapitel Ausklappen | EinklappenSeiten
- I–XVIII Titelei/Inhaltsverzeichnis I–XVIII
- 1–14 Introduction 1–14
- 1. CSR-definition?
- 2. CSR as key concept/term or leitmotif
- 3. CSR as normative-cultural expectations for enterprises
- 4. Working hypothesis: normative CSR is “law”
- 5. Overview
- 17–370 Part A: Corporate Social Responsibility 17–370
- 17–30 Chapter 1. Foundations of the Corporate Social Responsibility Discussion 17–30
- I. Renaissance of historical conceptions
- 1. The honorable businessman
- 2. Lex mercatoria
- 3. Summary
- II. Elementary CSR conceptions
- 1. Carroll’s responsibility pyramid
- 2. The business of business is business (Milton Friedman)
- 3. Triple Bottom Line (“People, Planet, Profit”)
- 4. Summary
- 31–132 Chapter 2. CSR Conceptions of the United Nations 31–132
- I. Draft UN Code of Conduct on Transnational Corporations
- 1. Enterprise
- 2. Responsibility
- 3. Governance
- 4. Summary
- II. UN Global Compact
- 1. Enterprise
- 2. Responsibility
- 3. Governance
- 4. Summary
- III. Business and Human Rights
- 1. General human rights doctrine
- 2. UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights (“Draft Norms”)
- 3. Report of the UN High Commissioner for Human Rights on the Responsibilities of Transnational Corporations and Related Business Enterprises with Regard to Human Rights
- 4. UN Special Representative on Business and Human Rights (John Ruggie)
- 5. UN Working Group on Business and Human Rights (UNWG)
- 6. Initiatives for an international treaty
- IV. The UN CSR system
- V. Summary
- 133–164 Chapter 3. The OECD CSR Conception 133–164
- I. The OECD Guidelines for Multinational Enterprises
- 1. Historical development
- 2. Enterprise
- 3. Responsibility
- 4. Governance
- II. The OECD CSR system
- III. Summary
- 165–208 Chapter 4. The ISO CSR Conception 165–208
- I. Guidance on social responsibility ISO 26000:2010
- 1. Historical development and process
- 2. Enterprise
- 3. Responsibility
- 4. Governance
- II. The ISO CSR system
- III. Summary
- 209–218 Chapter 5. CSR Strategy of the European Union 209–218
- I. CSR relevant European fundamental and human rights
- II. The CSR approaches of the European Union
- 1. Voluntary conception
- 2. A renewed EU strategy (2011–2014) for Corporate Social Responsibility
- 3. A new CSR strategy in 2017?
- 4. Creeping expansion of competence through CSR
- III. Summary
- 219–240 Chapter 6. National CSR Strategies 219–240
- I. CSR and national law (transnationalization)
- 1. CSR as the “new lex mercatoria”?
- 2. “Human rights” as a-national global law?
- 3. CSR and “governance gaps”
- 4. National action plans for business and human rights
- 5. Transnational soft law with national hard sanctions
- II. National law and extraterritorial issues
- III. National jurisdiction for extraterritorial matters
- 1. Universal jurisdiction
- 2. Applicable law
- 3. Improvement of access to remedies
- IV. Summary
- 241–366 Chapter 7. Sector-specific CSR Conceptions 241–366
- I. The mining industry
- 1. Industry-related initiatives
- 2. Issue-specific approaches
- 3. Project specific regimes (Chad-Cameroon Pipeline Project)
- 4. Summary
- II. The financial sector
- 1. Responsible finance
- 2. Responsible export credits
- 3. Responsible investment
- 4. Ratings, rankings, benchmarking and sustainability indices
- 5. Non-financial reporting
- 6. Summary
- III. The textile industry
- 1. Supply chain responsibility
- 2. The Rana Plaza Governance System
- 3. Summary
- IV. The legal profession
- 1. Basic questions
- 2. The International Bar Association (IBA) Guidances on Business and Human Rights
- 3. The OECD/IBA Memorandum of Understanding
- 4. Summary
- V. Summary
- 367–370 Chapter 8. Evaluation of the CSR Discourse and Further Questions 367–370
- I. Enterprise
- II. Responsibility
- III. Governance
- 373–548 Part B: Responsible enterprise 373–548
- 373–406 Chapter 9. Enterprise 373–406
- I. The conception of enterprise
- 1. Definitions of enterprise in the CSR debate
- 2. Conceptions of enterprise
- 3. The conception of enterprise in the context of CSR
- 4. Summary
- II. Group responsibility
- 1. Piercing the corporate veil
- 2. Agency theory and vicarious liability
- 3. The enterprise as an economic unit
- 4. Operator responsibility
- 5. Duty of care to third parties
- 6. Contract, guarantee and factual groups
- 7. Summary
- 407–462 Chapter 10. Responsibility 407–462
- I. Responsibility in the CSR debate
- 1. Responsibility approaches in the CSR debate
- 2. Systematizing fundamental questions on CSR
- 3. Summary
- II. Fundamental questions of enterprise responsibility
- 1. The role of enterprises
- 2. The scope and limits of enterprise responsibility
- 3. Responsibility and competition
- 4. Responsibility and power
- 5. Ethics of good intentions and ethics of results (Gesinnungs- und Verantwortungsethik)
- 6. Functional conception of enterprise and differentiated responsibility
- 7. Universalism vs. historical-cultural contextualism
- 8. Summary
- 463–548 Chapter 11. Governance 463–548
- I. Is CSR law?
- 1. Conceptions of law
- 2. CSR as global, transnational or world law?
- 3. The transnationalization of law as a process
- 4. CSR and public international law
- 5. Summary
- II. The CSR conception of governance
- 1. The conception of governance
- 2. CSR governance: “smart mix” (governance by/with/without government)
- 3. Summary
- III. Constitutionalization
- 1. Erosion of national constitutions (de-constitutionalization)
- 2. New-constitutionalization?
- 3. Recommendations for legal-policy and academic discourse
- 4. Summary
- 549–550 Epilogue 549–550
- 551–592 Bibliography 551–592
