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From Compliance to Rulemaking: How Global Corporate Norms Emerge from Interplay with States and Stakeholders
   
The last two decades have seen a flood of initiatives for environmental and corporate social responsibility (CSR). Such initiatives have often been regarded as illustrations of competition, or even as substitutes for law. Yet, another strand of literature acknowledges CSR to complement public regulation in network governance. However, there are few detailed studies of the links and interrelations in the triangle of territorially based regulation, private self-regulation and moral claims of NGOs. Such studies could prepare the assessment of possibilities for the state to indirectly influence, supervise and orchestrate transnational norm development. For a closer look, the paper traces the interactions between different actors in the course of the policy cycle. As case studies show for the field of toxic risk management in chemical firms and in value chains of the consumer goods industry, most transnational corporate standards comply with and anticipate state regulation. Standardization processes are also commented on by experts and observed by civil-society, as non-governmental organizations (NGOs) monitor compliance and commitment to public goods. As a result, it is demonstrated here that transnational norms do not develop autonomously within the economic system, but are deeply embedded in a network of public expectations. The paper concludes by arguing that some typical pathologies of CSR, such as organizational hypocrisy, or the formalistic adherence to routines irrespective of the outcome, may be overcome by further strengthening embeddedness. Finally, the paper briefly suggests three specific remedies: keeping the ‘big stick’ of command-and-control in reserve, extending access to information, and safeguarding independent professionalism within the corporate sphere. (abstract from http://www.germanlawjournal.com/index.php?pageID=11&artID=1423)
Dilling, Olaf
2012
in: German Law Journal, Vol. 13, No. 05, p. 381-418


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