The New Corporate Accountability de Doreen McBarnet

The New Corporate Accountability: Corporate Social Responsibility and the Law

Doreen McBarnet

Aurora Voiculescu

Tom Campbell

The adoption by companies of Corporate Social Responsibility (CSR) policies is routinely characterised as voluntary. But if CSR is self-governance by business, it is self-governance that has received a firm push from external social and market forces, from forces of social accountability. Law is also playing a more significant role than the image of CSR suggests, and this legal accountability - the focus of the book - is set to increase. Legal intervention should not, however, be seen as making social accountability redundant. Wider ethical standards and social and market forces are also necessary to make legal regulation effective. Law is being brought into play in innovative and indirect ways. The initiative lies as much with private organizations as with the state. At the same time governments are using social and market forces to foster CSR. In the context of corporate social responsibility, a new, multi-faceted, corporate accountability is emerging.

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Cuprins

Introduction Doreen McBarnet; Part I. Corporate Social Responsibility and the Law: 1. Corporate social responsibility beyond law, through law, for law - the new corporate accountability Doreen McBarnet; Part II. Bringing Law into Corporate Social Responsibility: 2. Corporate social responsibility through contractual control? Global supply chains and 'other-regulation' Doreen McBarnet and Marina Kurkchiyan; 3. Corporate social responsibility and public procurement Christopher McCrudden; 4. Corporate codes of conduct - moral or legal obligation? Carola Glinski; 5. Corporate accountability through creative enforcement - human rights, the Alien Tort Claims Act and the limits of legal impunity Doreen McBarnet and Patrick Schmidt; 6. Bringing corporate social responsibility to the World Trade Organization Nicola Jägers; 7. Meta-regulation - legal accountability for corporate social responsibility Christine Parker; Part III. Expanding Legal Accountabilities - Company Law and Beyond: 8. Disclosure law and the market for corporate social responsibility Kevin Campbell and Douglas Vick; 9. The board as a path toward corporate social responsibility Lawrence E. Mitchell; 10. The new corporate law - corporate social responsibility and employees' interests Stephen Bottomley and Anthony Forsyth; 11. Shareholder activism for corporate social responsibility - law and practice in the US, Japan, France and Spain Bruno Amann, Jerome Caby, Jacques Jaussaud and Juan Piñiero; 12. The other European framework for corporate social responsibility - from the green paper to new uses of human rights instruments Aurora Voiculescu; Part IV. Expanding Legal Accountabilities - Corporate Responsibility, Human Rights and the Environment: 13. Changing paradigms of corporate criminal responsibility - lessons for CSR Aurora Voiculescu; 14. Corporate social responsibility and international law - the case of human rights and multinational enterprises Peter Muchlinski; 15. 'The norms are dead! Long live the norms!' The politics behind the UN human rights norms for corporations David Kinley, Justine Nolan and Natalie Zerial; 16. Corporate environmental responsibility - law and the limits of voluntarism Neil Gunningham; 17. Power and responsibility - why human rights should address corporate environmental wrongs Amy Sinden; Part V. Moral and Analytical Issues in CSR and the Law: 18. The normative grounding of corporate social responsibility - a human rights approach Tom Campbell.