Derecho Internacional, Responsabilidad Social Corporativa Y Derechos Humanos (International Law, Corporate Social Responsibility and Human Rights)

2018 ◽  
Author(s):  
Ignacio Forcada Barona
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
International Law ◽  
Derechos Humanos ◽  
Corporate Social

scholarly journals YOUTH UNEMPLOYMENT: WHAT ROLE CAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PLAY IN CURBING THIS SOCIAL ILL IN SWAZILAND (ESWATINI) AND SOUTH AFRICA?

2018 ◽  
Author(s):  
Simangele D. Mavundla
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
International Law ◽  
Youth Unemployment ◽  
Youth Employment ◽  
African Youth ◽  
Corporate Social

This profound academic opinion advocates for youth employment by clearly arguing that even though the African Youth Charter (AYC) is not binding on states in as much as on corporates/businesses, at international law these same corporates/businesses have a role to play in ensuring that youth unemployment is curbed through invoking Corporate Social Responsibility (CSR). It will be argued that CSR is no longer only associated with philanthropy, but it is now part and parcel of promoting and protecting human rights in communities where businesses operate, such that they cannot turn a blind eye to social ills such as youth unemployment.

Rise of the Corporation and Corporate Social Responsibility: The Case for Corporate Customary International Law

2017 ◽  
Vol 54 ◽  
pp. 276-308
Author(s):  
KIRSTEN STEFANIK
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
International Law ◽  
Customary International Law ◽  
Legal Obligations ◽  
The Social ◽  
Legal Effect ◽  
Corporate Social ◽  
International Systems

AbstractCorporations have taken on an expansive role in the global community with transnational operations, extensive resources, power and influence, and significant environmental and human rights impacts. While corporate social responsibility (CSR) has developed standards and practices aimed at addressing the social responsibility of corporations, its legal effect, if any, is unclear. In part, this can be linked to the lack of status and direct accountability for corporations in international law. This article seeks to carve out a space for corporations in which the realities of their power and impact can be acknowledged, addressed, and managed. It suggests that this can be accomplished through the recognition of corporate customary international law. This corporate customary international law would apply the well-developed law-creation processes of traditional state-based customary international law to businesses. Employing CSR as a practical example, the article suggests that not only is corporate customary international law a theoretical possibility, but its elements can already be seen in the development of CSR. Ultimately, this article aims to show how customary international law, which is an existing tool of international law formation, can be used to bridge the gap between the traditional and contemporary international systems and increase opportunities for businesses to fulfil ethical and legal obligations and to be held accountable for environmental and human rights harms.

scholarly journals Ground-Breaking? An Empirical Assessment of the Draft Business and Human Rights Treaty

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 179-185 ◽  
Author(s):  
Tori Loven Kirkebø ◽  
Malcolm Langford
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Empirical Assessment ◽  
Business And Human Rights ◽  
Human Rights Council ◽  
Corporate Social ◽  
Empirical Methodology

In this essay, we examine empirically whether the revised draft of the business and human rights (BHR) treaty is a normative advance on the existing jungle of global instruments. Since the 1970s, almost one hundred global corporate social responsibility (CSR) standards have been adopted, half of them addressing human rights. See Figure 1 from our global CSR database, below. What is novel about the current treaty-drafting process within the UN Human Rights Council (HRC) is that it aims to develop a comprehensive standard that would hold states legally accountable for regulating business. The question is whether this is possible. Drawing on our work on the “commitment curve,” we begin theoretically and point out why one should hold modest expectations about the process and treat strong text with skepticism as much as celebration. Using an empirical methodology, we then compare the HRC's Revised Draft Legally Binding Instrument (Revised Draft LBI) with existing standards, and find that while the draft contains a healthy dose of incremental pragmatism, its significant advances require a degree of circumspection about its strengths and prospects.

Regulating Corporate Social Responsibility (CSR) for Economic and Social Development Through Trade Rules

2020 ◽  
Vol 36 (3) ◽  
pp. 335-352
Author(s):  
Michèle Rioux ◽  
Christine Vaillancourt
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
International Law ◽  
Trade Agreements ◽  
Private Governance ◽  
International Trade Agreements ◽  
Hybrid Governance ◽  
Social Compact ◽  
International Laws ◽  
Corporate Social

Multinationals affirm corporate social responsibility (CSR) is a way to go further than national and international law to build a social compact. While CSR can contribute to an effective global labor governance scheme, we argue that national and international laws must be engaged to regulate CSR private governance schemes. We will support this argument and, furthermore, we will argue that international trade agreements can provide, if effectively enforced, grounds for the articulation. It can be argued that hybrid governance schemes could ensure that result-oriented and pragmatic developmental processes are at the core of the CSR–development nexus. In this article, we argue for the need to socialize CSR to make it more efficient, and that trade agreements can be part of this process. CSR is not an autonomous regulatory trajectory, and it will probably become increasingly regulated through institutional means.

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