Responsible Enterprise: The Emergence of a Global Economic Order

Company Law

Responsible Enterprise: The Emergence of a Global Economic Order

By Birgit Spiesshofer
Hart Publishing February 2018

Specifications

ISBN-13
9781509922826
Publisher
Hart Publishing
Publication
February 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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Domestic and supranational legislation, international law and transnational private law instruments – supplemented and superseded by soft law and informal steering by private and public organisations – are the 'smart mix' from which a global order for enterprise responsibility is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 public-private 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.

Table of Contents

PART A
CORPORATE SOCIAL RESPONSIBILITY
Chapter 1. Foundations of the Corporate Social Responsibility Discussion
I. Renaissance of historical conceptions
II. Elementary CSR conceptions
Chapter 2. CSR Conceptions of the United Nations
I. Draft UN Code of Conduct on Transnational Corporations
II. UN Global Compact
III. Business and Human Rights
IV. The UN CSR system
V. Summary
Chapter 3. The OECD CSR Conception
I. The OECD Guidelines for Multinational Enterprises
II. The OECD CSR system
III. Summary
Chapter 4. The ISO CSR Conception
I. Guidance on social responsibility ISO 26000:2010
II. The ISO CSR system
III. Summary
Chapter 5. CSR Strategy of the European Union
I. CSR relevant European fundamental and human rights
II. The CSR approaches of the European Union
III. Summary
Chapter 6. National CSR Strategies
I. CSR and national law (transnationalization)
II. National law and extraterritorial issues
III. National jurisdiction for extraterritorial matters
IV. Summary
Chapter 7. Sector-specific CSR Conceptions
I. The mining industry
II. The financial sector
III. The textile industry
IV. The legal profession
V. Summary
Chapter 8. Evaluation of the CSR Discourse and Further Questions
I. Enterprise
II. Responsibility
III. Governance

PART B
RESPONSIBLE ENTERPRISE
Chapter 9. Enterprise
I. The conception of enterprise
II. Group responsibility
Chapter 10. Responsibility
I. Responsibility in the CSR debate
II. Fundamental questions of enterprise responsibility
Chapter 11. Governance
I. Is CSR law?
II. The CSR conception of governance
III. Constitutionalization
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