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.
List of Contributors
Introduction by Doreen McBarnet 1
Pt. 1 Corporate Social Responsibility and the Law
1 Corporate social responsibility beyond law, through law, for law: the new corporate accountability by Doreen McBarnet 9
Pt. 2 Bringing Law into Corporate Social Responsibility
2 Corporate social responsibility through contractual control? Global supply chains and 'other-regulation' by Doreen McBarnet and Marina Kurkchiyan 59
3 Corporate social responsibility and public procurement by Christopher McCrudden 93
4 Corporate codes of conduct: moral or legal obligation? by Carola Glinski 119
5 Corporate accountability through creative enforcement: human rights, the Alien Tort Claims Act and the limits of legal impunity by Doreen McBarnet and Patrick Schmidt 148
6 Bringing corporate social responsibility to the World Trade Organisation by Nicola Jagers 177
7 Meta-regulation: legal accountability for corporate social responsibility by Christine Parker 207
Pt. 3 Expanding Legal Accountabilities: Company Law and Beyond
8 Disclosure law and the market for corporate social responsibility by Kevin Campbell and Douglas Vick 241
9 The board as a path toward corporate social responsibility by Lawrence E. Mitchell 279
10 The new corporate law: corporate social responsibility and employees' interests by Stephen Bottomley and Anthony Forsyth 307
11 Shareholder activism for corporate social responsibility: law and practice in the United States, Japan, France and Spain by Bruno Amann and Jerome Caby and Jacques Jaussaud and Juan Pineiro 336
12 The other European framework for corporate social responsibility: from the Green Paper to new uses of human rights instruments by Aurora Voiculescu 365
Pt. 4 Expanding Legal Accountabilities: Corporate Responsibility, Human Rights and the Environment