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
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 -