Juridifying Corporate Social Responsibility Through Public Law

Assessing Coherence and Inconsistencies against UN Guidance on Business & Human Rights

    Research output: Contribution to journalJournal articleResearchpeer-review

    Abstract

    With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR is offered by the EU’s approach to regulating sourcing of natural resources through a combination of law and the market, including due diligence requirements on business and the EU's new Non-Financial Reporting Directive. Identifying inconsistencies and ensuing challenges, the article demonstrates that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR.
    Original languageEnglish
    JournalInternational and Comparative Corporate Law Journal
    Volume11
    Issue number3
    Pages (from-to)194-228
    ISSN1388-7084
    Publication statusPublished - 2015

    Keywords

    • CSR and public law
    • Human rights due dilligence
    • UN Guiding Principles on Business and Human Rights
    • OECD Guidelines for Multinational Enterprises
    • 2011 EU Communication on CSR
    • Mandatory CSR reporting
    • EU regulation of responsible natural resource sourcing

    Cite this

    @article{5415d12b5e8c4abd850dee47cf3d0007,
    title = "Juridifying Corporate Social Responsibility Through Public Law: Assessing Coherence and Inconsistencies against UN Guidance on Business & Human Rights",
    abstract = "With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR is offered by the EU’s approach to regulating sourcing of natural resources through a combination of law and the market, including due diligence requirements on business and the EU's new Non-Financial Reporting Directive. Identifying inconsistencies and ensuing challenges, the article demonstrates that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR.",
    keywords = "CSR and public law, Human rights due dilligence, UN Guiding Principles on Business and Human Rights, OECD Guidelines for Multinational Enterprises, 2011 EU Communication on CSR, Mandatory CSR reporting, EU regulation of responsible natural resource sourcing, CSR and public law, Human rights due dilligence, UN Guiding Principles on Business and Human Rights, OECD Guidelines for Multinational Enterprises, 2011 EU Communication on CSR, Mandatory CSR reporting, EU regulation of responsible natural resource sourcing",
    author = "Karin Buhmann",
    year = "2015",
    language = "English",
    volume = "11",
    pages = "194--228",
    journal = "International and Comparative Corporate Law Journal",
    issn = "1388-7084",
    publisher = "Cameron May Ltd.",
    number = "3",

    }

    TY - JOUR

    T1 - Juridifying Corporate Social Responsibility Through Public Law

    T2 - Assessing Coherence and Inconsistencies against UN Guidance on Business & Human Rights

    AU - Buhmann, Karin

    PY - 2015

    Y1 - 2015

    N2 - With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR is offered by the EU’s approach to regulating sourcing of natural resources through a combination of law and the market, including due diligence requirements on business and the EU's new Non-Financial Reporting Directive. Identifying inconsistencies and ensuing challenges, the article demonstrates that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR.

    AB - With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR is offered by the EU’s approach to regulating sourcing of natural resources through a combination of law and the market, including due diligence requirements on business and the EU's new Non-Financial Reporting Directive. Identifying inconsistencies and ensuing challenges, the article demonstrates that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR.

    KW - CSR and public law

    KW - Human rights due dilligence

    KW - UN Guiding Principles on Business and Human Rights

    KW - OECD Guidelines for Multinational Enterprises

    KW - 2011 EU Communication on CSR

    KW - Mandatory CSR reporting

    KW - EU regulation of responsible natural resource sourcing

    KW - CSR and public law

    KW - Human rights due dilligence

    KW - UN Guiding Principles on Business and Human Rights

    KW - OECD Guidelines for Multinational Enterprises

    KW - 2011 EU Communication on CSR

    KW - Mandatory CSR reporting

    KW - EU regulation of responsible natural resource sourcing

    UR - http://ssrn.com/abstract=2705417

    M3 - Journal article

    VL - 11

    SP - 194

    EP - 228

    JO - International and Comparative Corporate Law Journal

    JF - International and Comparative Corporate Law Journal

    SN - 1388-7084

    IS - 3

    ER -