Monday, April 28, 2008
[IWS] IILS: GOVERNANCE, INTERNATIONAL LAW & CORPORATE SOCIAL RESPONSIBILITY [2008]
IWS Documented News Service
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
International Institute for Labour Studies (IILS) at the (ILO)
Research Series 116
Governance, International Law & Corporate Social Responsibility [2008]
http://www.ilo.org/public/english/bureau/inst/download/116.pdf
[full-text, 222 pages]
[excerpt]
There has been heated debate in recent years regarding the extent
to which corporate social responsibility (CSR) may contribute
to the promotion of core workers' rights, as embodied in ILO conventions
or national law. The purpose of this volume is to contribute to this
debate by discussing the legal dimensions of the issue.
In particular, an analysis the legal character of CSR is presented.
Some authors argue that CSR involves "soft law" with limited effects on
working conditions and workers' rights. They base this judgement on the
fact that CSR does not involve any legal commitment on behalf of the
enterprise. Others, on the contrary, consider that CSR is more appropriate
than traditional legal instruments in view of today's globalised
economies. Indeed, CSR would provide the kind of flexibility that firms
need in order to adapt to globalisation, while still protecting workers adequately.
Still others stress that soft and hard law are not mutually exclusive
and that CSR can add a layer to the basic rights and protection provided
by hard law.
The volume also discusses the possible legal consequences of the
proliferation of private voluntary initiatives. In particular, if an increasing
number of enterprises develop their own codes, the issue arises of
whether there is a need for harmonising the different initiatives and for
protecting the principle of predictability of law.
Another question discussed in the volume relates to the notions of
"sphere of influence" and "complicity", as defined by the Global Compact.
One of the principles of CSR lies indeed in the recognition by the
corporations of the consequences of their actions outside of the company
itself (environment, local communities, supply chain, etc.) and in their
liability for these actions. Following the same idea, the question of complicity
arises when the corporation is not directly responsible for a human
rights violation but, in a way or another, is proven to be indirectly
involved in it. These two notions are strongly debated when referring to
CSR, and it is the ambition of this book to participate in the discussion.
In sum, highly qualified researchers and officials from different
backgrounds present here their views on CSR, the nature of the phenomenon,
the factors behind its rapid growth the possible normative
consequences.
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
International Institute for Labour Studies (IILS) at the (ILO)
Research Series 116
Governance, International Law & Corporate Social Responsibility [2008]
http://www.ilo.org/public/english/bureau/inst/download/116.pdf
[full-text, 222 pages]
[excerpt]
There has been heated debate in recent years regarding the extent
to which corporate social responsibility (CSR) may contribute
to the promotion of core workers' rights, as embodied in ILO conventions
or national law. The purpose of this volume is to contribute to this
debate by discussing the legal dimensions of the issue.
In particular, an analysis the legal character of CSR is presented.
Some authors argue that CSR involves "soft law" with limited effects on
working conditions and workers' rights. They base this judgement on the
fact that CSR does not involve any legal commitment on behalf of the
enterprise. Others, on the contrary, consider that CSR is more appropriate
than traditional legal instruments in view of today's globalised
economies. Indeed, CSR would provide the kind of flexibility that firms
need in order to adapt to globalisation, while still protecting workers adequately.
Still others stress that soft and hard law are not mutually exclusive
and that CSR can add a layer to the basic rights and protection provided
by hard law.
The volume also discusses the possible legal consequences of the
proliferation of private voluntary initiatives. In particular, if an increasing
number of enterprises develop their own codes, the issue arises of
whether there is a need for harmonising the different initiatives and for
protecting the principle of predictability of law.
Another question discussed in the volume relates to the notions of
"sphere of influence" and "complicity", as defined by the Global Compact.
One of the principles of CSR lies indeed in the recognition by the
corporations of the consequences of their actions outside of the company
itself (environment, local communities, supply chain, etc.) and in their
liability for these actions. Following the same idea, the question of complicity
arises when the corporation is not directly responsible for a human
rights violation but, in a way or another, is proven to be indirectly
involved in it. These two notions are strongly debated when referring to
CSR, and it is the ambition of this book to participate in the discussion.
In sum, highly qualified researchers and officials from different
backgrounds present here their views on CSR, the nature of the phenomenon,
the factors behind its rapid growth the possible normative
consequences.
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
# posted by SBasefsky : 6:16 AM
