This book critically explores how increased regulation and governance of corporations can be used to help improve the rights of workers amidst an era of union decline. The book posits that soft law techniques such as codes of conduct are more effective in protecting workers than "hard law" i.e. domestic regulation. It starts by analysing the transnational regulation of corporations and codes of conduct, and then puts forward a model code of conduct that can be used by corporations to help increase the protection of workers. Through this model's use of a monitoring scheme, shareholders, activists, and NGOs put pressure on the corporation to reform itself and enact a code which has obligations flowing both ways between the corporation and its employees. The book then looks at the expansions of fiduciary duties and changes to corporate governance, including Benefit Corporations and how they can be used to increase the rights of workers. It then discusses changes to standard union contracts before concluding with an assessment of the best way forward for workers’ rights. By providing a new contribution to the current dialogue on corporate social responsibility and codes of conduct, this book will be a valuable resource for academics working on labour, employment, and business law as well as corporate lawyers.
This book explores how increased regulation and governance of corporations can be used to help improve the workers' rights. It posits that soft law techniques, i.e. codes of conduct are more effective in protecting workers than 'hard law'.
The Corporate Responsibility Code Book has become the go-to guide for companies trying to understand the landscape of corporate responsibility and searching for their own, unique route towards satisfying diverse stakeholders. There is no one-size-fits-all approach. A company may face quite different challenges if it operates in more than one part of the world. And yet stakeholders, especially consumers and investors, are keen for some degree of comparability with which they can evaluate corporate performance. There are countervailing forces at work within corporate responsibility: on the one hand is the need for convergence in order to simplify the large numbers of codes and standards; and, on the other hand, the need to foster diversity and innovation. Many of the best codes of conduct and standards are not well known, while some CR instruments that are well disseminated are not terribly effective. Some comprehensive codes of conduct achieve nothing, while other quite vague codes of conduct become well embedded into the organization and foster innovation and change. This landmark book explains the best CR instruments available, and distils their most valuable elements. In the fully revised third edition, Deborah Leipziger widens her lens to provide detailedanalysis of the UN Guiding Principles on Business and Human Rights, the Gender EqualityPrinciples and ISO 26000 while updating other key tools such as the Equator Principles, the OECD guidelines and GRI’s new G4 framework. The codes in this book cover a wide range of issues, including human rights, labour rights,environmental management, corruption and corporate governance. The book also includeshow-to (or process) codes focusing on reporting, stakeholder engagement and assurance.
The emergence of voluntary corporate codes of conduct since the early 1990s is both a manifestation of and a response to the process of globalization. They have been part of a more general shift away from state regulation of transnational corporations towards corporate self-regulation in the areas of labour and environmental standards and human rights. This work provides a critical perspective on the growth and significance of corporate codes with a particular focus on working conditions and labour rights. It brings together work by academics, practitioners and activists.
For several decades now, publicly-held corporations have been adopting codes of conduct or corporate codes of ethics to further both federal law, as well as corporate goals and mandates. The implementation of such codes, however, is creating a legal conundrum for those firms seeking to operate transnationally and, in particular, in the European Union. At the heart of the problem are European perspectives on human rights and human dignity laws, as well as work and data protection laws created to protect the privacy of European workers. Recently, in three cases heard in France and one in Germany, the codes of conduct of U.S. companies were held to be in violation of such laws. This article examines in detail the conflict posited by compliance with both United States law and data protection and privacy laws in Europe. Part II reviews the history of U.S. corporate codes of conduct. Part III examines the legal derivation for certain provisions of corporate codes of ethics, examining the Federal Sentencing Guidelines and the Sarbanes Oxley Act. Part IV reviews privacy law in the European Union and analyzes in depth the four European cases that have been reported to date. And, finally, Part V makes recommendations as to how companies may satisfy the duality of compliance with SOX and with European laws.
What I liked in particular about the Handbook was that each chapter identified the issues within a theoretical context and then gave the historical perspective with an accurate account of the current legal position and set down clear markers on the issues likely to influence future developments in corporate responsibility. Phillip Taylor, The Barrister This book has drawn together a distinguished and international group of writers to provide a wide-ranging discussion of the responsibility of corporations to society in general, including discussion of the role of companies in promoting human rights, accomplishing sustainable development and restoring and keeping public trust . The contributors put calls for Corporate Social Responsibility into its legal framework and provide a wide range of possible solutions to perceived weaknesses in the law. The authors are to be congratulated for adhering to the editorial mandate to provide information in a succinct style which is comprehensible to the lay person as much as the well-informed . This work is an indispensable tool for anyone engaged in the globalisation debate. It gives valuable, international, multi-faceted insights on the current situation, on work-in-progress to create change and of the theoretical perspectives which inform both. Janet Dine, Queen Mary College, University of London, UK Finally a book that explores the legal considerations related to corporate responsibility, and does so from a global perspective with strong underpinnings of ethics. This book should prove a useful guide for those academics and managers interested in the historical and emerging legal framework that guides corporate decision making around responsibility. Sandra Waddock, Boston College, US This volume provides an invaluable collection of essays that consider diverse perspectives on the social responsibility of corporations. As such it provides a very satisfying and balanced combination of contributions that should be useful to any serious student either in practice or academe of the role of corporations in society. David Crowther, London Metropolitan University, UK The ever-important topic of corporate legal responsibility is deconstructed into many multifaceted components in this fascinating Handbook, which systematically examines each in turn and describes the contemporary legal position. The Research Handbook on Corporate Legal Responsibility considers general theory and basic concepts such as corporate legal personality, the doctrine of attribution, corporate governance and directors duties, and reviews the range of individuals to which corporations may be held responsible, particularly employees, suppliers, shareholders, stakeholders and women. The substantive grounds for corporate responsibility under civil and criminal law within the North American and Commonwealth jurisdictions are evaluated, and mechanisms of accountability such as novel regulatory processes (interactive regulation, codes of conduct and social reporting), risk management and the significant role of non-governmental organisations are identified. The thought-provoking chapters contained within this Handbook go on to present perspectives on topical international questions (corruption, labour standards, human rights, environmental protection and sustainable development) including an analysis of recent initiatives from several international organisations. Bringing together the work of around thirty leading academics, practitioners, campaigners and policymakers from North America, Europe and Australia, each chapter locates these issues within a theoretical context, giving an overview of its historical evolution, providing an accurate account of the current legal position and identifying policy issues likely to influence future developments.
The erstwhile unlikely coupling of human rights and corporations is now a typical feature of corporate/community relations. High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and on-going efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles the leading essays from this body of work. Together they frame the relationship between human rights and corporations by charting its history and salient features; tackle the conceptual perspectives of the relationship and detail the practice, problems and potential of the relationship.
This book provides a systematic and structured treatment of the responsibilities of corporations under the broad conception of international law emerging from these developments, gathered under the headings of environmental protection and sustainable development, international criminal law, corporate governance, labour standards, and human rights. Touching upon a variety of areas of law and legal process – including corporations law, tort law, criminal law, contract law, securities regulation, international trade, taxation, and accounting standards – the analysis emphasises the principal applicable international legal instruments and jurisprudence and the procedural mechanisms, processes, and fora by which corporations may be adjudged responsible. Each chapter goes on to identify practical considerations for corporations as well as for those who advise and manage them.
Learn how large corporations can make real improvements in their standard business practices without jeopardizing their competitiveness in the global marketplace. S. Prakash Sethi, a preeminent business scholar and researcher on the activities of multinational corporations and global business issues, outlines a number of highly effective approaches by which corporate leaders can improve their credibility and ensure the protection of the human and civil rights of their workers across the globe. Order your copy today!
