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This book explores how corporations could effectively respect and protect human rights without compromising their primary business objectives. The book analyses the theoretical foundations and the existing scope and nature of corporate accountability arising from economic and social rights at the international and national levels
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.
This volume presents corporate social responsibility (CSR) as a series of economic and political strategies that are currently shifting the focus of international human rights activism and signalling the rise of new forms of global governance. In as much as the work demonstrates the limitations of CSR and offers a critical perspective on corporate techniques of market domination, it also posits a future for CSR within the human rights movement.
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.
Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.
There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.
"At present, Corporate Social Responsibility (CSR) for some may not be more than an attitude. Can it be more? What degree of commitment can we reasonably expect of corporations in the struggle to eradicate poverty, promote human rights, halt climate change and reverse ongoingenvironmental destruction? It is not a question of power; more than half of the worlds top 100 economies are corporations, not nation-states. Whatever can be done to "fix" the world's problems, corporations are in the best position to do [it]."--Back cover.
Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.
This book has many merits. It will make fascinating reading for the increasing number of organizational scholars who wonder how organizational research can engage more in accounting for the impact of corporations on their environment in a broad sense. Bahar Ali Kazmi, Bernard Leca and Philippe Naccache, Organization Studies This book is for those who will enjoy a thoughtful and informative monograph that acutely summarises and refreshes critique from a political and sociological perspective. It is a comprehensive re-interpretation of the corporate world and the evidently meretricious regime of CSR which makes it an enjoyable compendium for critical management studies fans . . this erudite volume will be valuable to mainstream, social science academics either involved in (or dismissive of) CSR and sustainability discourses in management education and research. David Bevan, Scandinavian Journal of Management Banerjee s book is thought provoking and must be read. But it should be read not only by corporate social responsibility scholars but by all business scholars. It is through Banerjee s provocations that we can understand the shortcomings of corporate systems and the boundaries of corporate social responsibility. Pratima Bansal, Administrative Science Quarterly This is a tour de force that carefully assembles and incisively interrogates perhaps the most pressing problem of our age: how to harness the resources of corporations to tackle global problems of poverty, oppression and environmental degradation? Banerjee does not present us with glib pronouncements or simplistic fixes. Instead, he brilliantly illuminates the scale of the challenges and lucidly assesses the relevance and value of CSR responses to date. Hugh Willmott, University of Cardiff, UK Bobby Banerjee takes on the popular mythologies of neo-liberal corporate social responsibility with enviable flair and a thoroughness of scholarship that will dismay its apologists. His critique extends from the origins of the modern corporation and its well-known abuses and excesses to far harder targets the more attractive alternatives that have been developed for theory and practice that, as Banerjee shows brilliantly, only serve to mask continuing neo-colonial abuses. Banerjee is not content simply to expose the impossibilities of doing good works whilst maximizing shareholder value, the win-win view of CSR, but he bites the bullet with some uncompromising but realistic proposals for the future reconstruction of CSR both as a field of study and as a business practice. We have needed this exposure of the bad and the ugly for a long time. The current versions of CSR are simply just not good enough. Stephen Linstead, University of York, UK Banerjee pulls the beguiling mask off corporate social responsibility. Taking the vantage point of the world s poor, he shows CSR to be a cruel hoax corporations cynical effort to undermine growing demands for economic and environmental justice. Paul S. Adler, University of Southern California, US This book problematizes the win-win assumption underlying discourses of CSR and suggests that it is a rhetoric that is invariably subordinated to that of corporate rationality. Rather than see CSR as providing the means to transform corporations by advocating a stakeholder view of the firm it argues that CSR represents an ideological movement designed to consolidate the power of transnational corporations and provide a veneer of liberality to the illiberal economic agenda of the major global institutions. Stewart Clegg, University of Technology, Sydney, Australia Professor Banerjee offers us a refreshing analysis of corporate social responsibility (CSR) in an otherwise comparatively turgid literary landscape. People may disagree with his criticism that because of its preoccupation with shareholder value, the corporation is an inappropriate agent for social change but it is backed up by strong theoretical and substantive empirical