[PDF] Private International Law Aspects Of Corporate Social Responsibility eBook

Author : Catherine Kessedjian
Publisher : Springer Nature
Page : 697 pages
File Size : 22,21 MB
Release : 2020-03-06
Category : Law
ISBN : 3030351874

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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.

Author : Jennifer A. Zerk
Publisher : Cambridge University Press
Page : 14 pages
File Size : 25,28 MB
Release : 2006-11-09
Category : Law
ISBN : 1139459856

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The 'corporate social responsibility' ('CSR') movement has been described as one of the most important social movements of our time. This book looks at what the CSR movement means for multinationals, for states and for international law. International law is often criticized for being too 'state-centred', and ill-equipped to deal with the challenges of globalization. However, drawing from many and varied examples of state, NGO and corporate practice, this 2006 book argues that, while international law has its limitations, it presents more opportunities for the CSR regulation of multinationals than many people assume. The main obstacles to better regulation are, therefore, not legal, but political.

Author : Marc-Philippe Weller
Publisher :
Page : 32 pages
File Size : 35,78 MB
Release : 2018
Category :
ISBN :

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This report examines Corporate Social Responsibility (CSR) in Germany. To this aim, it first takes a closer look at the German definition of CSR as well as the enforcement of CSR rules by the German government and its agencies (at A.). It then assesses the ways in which CSR standards are or may be safeguarded in different areas of the law (at B.), and how, if issues arise, CSR disputes may be resolved outside of court proceedings (at C.). If court proceedings may, however, not be avoided, a number of issues arise. These are the focus of the last three sections of this report: It explores when German courts will have jurisdiction to adjudicate CSR cases (at D.), which law will be applicable (at E.), and, finally, under which circumstances foreign judgments on CSR issues may be recognised and enforced in Germany (at F.).

Author : Geert van Calster
Publisher :
Page : 0 pages
File Size : 15,78 MB
Release : 2014
Category :
ISBN :

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This contribution firstly reviews developments in the EU and in the United States on corporate social responsibility and conflict of laws. It concludes with reference to some related themes, in particular on the piercing of the corporate veil and with some remarks on compliance strategy, and compliance reality, for corporations.

Author : Lisa Loloma Froholdt
Publisher : Springer
Page : 303 pages
File Size : 35,54 MB
Release : 2018-03-16
Category : Law
ISBN : 3319691430

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This book addresses the environmental, legal, social, and economic aspects of corporate social responsibility in the maritime industry. It discusses the voluntary aspects of the CSR concept and how the lines between informal and formal rules are merging and becoming fuzzy. Further, it shows how regulation is enhancing responsibility and sustainability in the maritime industry.The book gathers the experiences of the WMU, IMO, UN and public and private actors in developing and developed countries in the maritime industry.

Author : Rae Lindsay
Publisher : Kluwer Law International B.V.
Page : 620 pages
File Size : 28,36 MB
Release : 2020-06-17
Category : Law
ISBN : 9403522305

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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.

Author : Jean J. du Plessis
Publisher : Springer
Page : 250 pages
File Size : 12,99 MB
Release : 2018-02-01
Category : Law
ISBN : 3319691287

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This book addresses the increasing overlap between Corporate Social Responsibility (CSR) and law with a particular focus on company law and corporate governance. What is the impact of CSR on company law and corporate governance and, vice versa? How do these systems impact on CSR? Do they enable, require or prevent the socially responsible conduct of companies, for example, through corporate theory, directors’ duties or disclosure laws? What is the role of shareholders and directors in the promotion of CSR?The theme of the book ensures a sharing of ideas and experiences globally and internationally for all jurisdictions to consider core legal and social aspects of CSR.

Author : Nguyen Binh An
Publisher : Springer Nature
Page : 261 pages
File Size : 14,47 MB
Release : 2023-01-20
Category : Law
ISBN : 981199255X

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This book examines the law and its development trends in the area of corporate social responsibility (CSR) in Vietnam. It is an important reference in implementing the requirements of CPTPP and EVFTA in Vietnam, and it is also very important in improving the legal framework in Vietnam to comply with international standards, especially in the areas of labor, environment and consumer protection, and in raising awareness of CSR among Vietnamese companies. Many articles in this book analyze and assess the legal status of CSR, thus providing a number of constructive suggestions for improving the relevant laws in Vietnam. Corporate social responsibility is not only the contribution of corporate philanthropy to society, but also the compliance of companies with international standards and national laws in the fields of labor, environment, investment, labor security, social security, etc. Against the backdrop of Vietnam's growing international integration, the requirement of corporate social responsibility has been, and continues to be, paramount in business activities. It is not only a need at the enterprise level, but is also related to the internationalization of international standards and the improvement of national laws on CSR.

Author : Stéphanie Bijlmakers
Publisher : Routledge
Page : 253 pages
File Size : 45,80 MB
Release : 2018-07-26
Category : Business & Economics
ISBN : 1351171909

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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.