Social Responsibility of Mutinational Enterprises: Critical Analysis and Legal Prospective - 中欧社会论坛 - China Europa Forum

Social Responsibility of Mutinational Enterprises: Critical Analysis and Legal Prospective

published in Spanish under the title “Responsabilidad social de las empresas transnacionales: Análisis crítico y prospectiva jurídica”

Authors: Isabelle Daugareilh

Date: 2009

Published by Cuadernos de relaciones laborales, #1, vol.27

Corporate Social Responsibility has developed in the specific context of economic globalisation, and in the same time in a legal context that is inaccurate for this globalisation. Although they are sometimes more powerful than states, multinational companies have nor legal entity nor legal mandate with respect to human rights. To bridge this gap, various international institutions have developed soft law instruments that are limited in nature, scope and legal effectiveness. In this economic and legal context, CSR can be considered as an answer to the lack of legal regulation of multinational enterprises with respect to human rights. Against all odds, auto-regulation CSR norms developed by companies point out with acuteness the question of the legal framework that applies to multinational enterprises. Soft law, on which CSR builds, allows exploring new possibilities for legal provisions. In the same time, it expresses the international community consciousness of the need for legal regulation of multinational enterprises. CSR appears thus as a field for legal innovation in the context of economic globalisation.

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