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Vol 23 No 3 March/April 2018

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The New Corporate Accountability: Corporate Social Responsibility and the Law

Edited by: Doreen McBarnet, Aurora Voiculescu, Tom Campbell

ISBN13: 9780521868181
Published: October 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9780521142090

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.

  • Both academics and business practitioners will benefit from an appreciation of the complex interaction of legal, social and economic pressures to promote socially responsible conduct by corporations
  • The book is unique in making the relationship between law and CSR its chief focus
  • The book will serve to improve the quality of dialogue between business, politicians, civil society and academics on CSR by getting away from simplistic arguments for and against making CSR a voluntary matter

Company Law
Introduction Doreen McBarnet
Part I. Corporate Social Responsibility and the Law:
1. Corporate social responsibility beyond law, through law, for law - the new corporate accountability
Doreen McBarnet
Part II. Bringing Law into Corporate Social Responsibility:
2. Corporate social responsibility through contractual control? Global supply chains and other-regulation
Doreen McBarnet and Marina Kurkchiyan
3. Corporate social responsibility and public procurement
Christopher McCrudden
4. Corporate codes of conduct moral or legal obligation?
Carola Glinski
5. Corporate accountability through creative enforcement human rights, the Alien Tort Claims Act and the limits of legal impunity
Doreen McBarnet and Patrick Schmidt
6. Bringing corporate social responsibility to the World Trade Organization
Nicola Jägers
7. Meta-Regulation legal accountability for corporate social responsibility
Christine Parker
Part III. Expanding Legal Accountabilities Company Law and Beyond:
8. Disclosure Law and the Market for Corporate Social Responsibility
Kevin Campbell and Douglas Vick
9. The board as a path toward corporate social responsibility
Lawrence E. Mitchell
10. The new corporate law corporate social responsibility and employees interests
Stephen Bottomley and Anthony Forsyth
11. Shareholder activism for corporate social responsibility law and practice in the US, Japan, France and Spain
Bruno Amann, Jerome Caby, Jacques Jaussaud, and Juan Piñiero
12. The other European framework for corporate social responsibility from the Green Paper to new uses of human rights instruments
Aurora Voiculescu
Part IV. Expanding Legal Accountabilities Corporate Responsibility, Human Rights and the Environment:
13. Changing paradigms of corporate criminal responsibility lessons for CSR
Aurora Voiculescu
14. Corporate social responsibility and international law the case of human rights and multinational enterprises
Peter Muchlinski
15. The norms are dead! Long live the norms! The politics behind the UN human rights norms for corporations
David Kinley, Justine Nolan and Natalie Zerial
16. Corporate environmental responsibility law and the limits of voluntarism
Neil Gunningham
17. Power and responsibility why human rights should address corporate environmental wrongs
Amy Sinden
Part V. Moral and Analytical Issues in CSR and the Law:
18. The normative grounding of corporate social responsibility a human rights approach
Tom Campbell.