CSR and Codes of Business Ethics in the USA, Austria (EU) and China and their Enforcement in International Supply Chain Arbitrations PDF Download

Author: Adolf Peter
Publisher: Springer Nature
ISBN: 9813360739
Category : Business & Economics
Languages : en
Pages : 225

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Book Description
This book analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. The book demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain. This book introduces an ethics and CSR system recommending a reward-based whistleblowing mechanism, internal oversight by a CSR and Ethics Committee comprised of independent board members and at least one sustainability expert, and an external, independent and comprehensive assurance of CSR reports provided by auditing firms or newly formed governmental agencies consisting of certified CSR experts. The author emphasizes the significance for supply chain leaders to ensure contractual enforcement of their codes of business ethics and conduct along the supply chain. Against this background, the author created a comprehensive fictitious case scenario covering a supply chain dispute arising from the breach of the supply chain leader’s code of business conduct and ethics by a lower-tier supply chain member. The author acknowledges the fact that in most of the cases the governing law of international supply chain contracts is English law or law based on English law. Thus, the author discusses potential contractual claims for damages arising from a loss of profits caused by a loss of reputation resulting from violations of core provisions of the chain leader’s supplier code of conduct pursuant to English law. As international supply chain disputes usually involve more than two parties, and international arbitration is the ideal means for the resolution of these disputes, the book compares the arbitration rules for consolidations and joinders of some of the most significant international arbitration institutions: SIAC, ICC, AIAC, ICDR, VIAC, CIETAC and HKIAC. The book is directed at legal practitioners, legislators of various jurisdictions, board members of corporations, ethics and compliance officers, academics, researchers and students. It is the author’s main goal that the book serves as an inspirational source for the establishment or the improvement of a corporate ethics and CSR system preventing window-dressing and greenwashing and covering the entire supply chain. Furthermore, it is intended that students develop a deeper understanding for the enforcement of corporate ethics and CSR policies.

Author: Ivanka Mamic
Publisher: Routledge
ISBN: 1351280708
Category : Business & Economics
Languages : en
Pages : 451

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Book Description
At the start of the 21st century manufacturing is in the midst of a major transformation, with goods moving from factories in São Paulo, Ho Chi Minh and Guanzhou to the shelves of stores in New York, Hamburg and Sydney. As production of goods has become increasingly global, with an impact on workers and societies around the world, the ILO has sought to answer the challenging question: how best to implement voluntary corporate initiatives in value chains that stretch around the globe from a constantly changing supply base of factories both large and small? In order to address growing pressures from stakeholders, a number of global companies have adopted codes of conduct with the aim of influencing the practices of their suppliers in less-developed countries and providing a baseline of expected standards. Typically, codes of conduct draw on international labour standards, setting guidelines on a range of issues, including child labour, forced labour, wages and benefits, working hours, disciplinary practices, the right to freedom of association, health and safety, and environmental practices. Notwithstanding the array of initiatives that has emerged, anecdotal evidence suggests that, in many cases, managers both at the company and supplier level have struggled and continue to struggle with the issue of how to implement their codes of conduct. Based on interviews with hundreds of managers, activists, government officials, factory workers and workers' representatives, Implementing Codes of Conduct represents the most extensive research conducted to date into the emerging nature of corporate social responsibility and global supply chains. Its objective is to provide useful examples and lessons learned to companies, policy-makers and others interested in implementing their own code of conduct or who are actively involved in this field. This book has broad implications for firms that are serious about seeing the social and environmental objectives expressed in their corporate codes become a reality at the supplier level – implications that stretch from the boardroom to the factory floor. The book presents a model that maps a route from the creation of a vision to its implementation at the operational level. Based on research conducted in the sports footwear, apparel and retail sectors, this book provides a detailed account of the approaches currently used by leading brands and retailers and practical suggestions for other companies to follow in addressing social pressures. Given an increasingly clear link between corporate social responsibility and profits, this book serves as an invaluable tool in assisting those interested in balancing the complex demands of society and competitive concerns.

Author: Maria Alejandra Gonzalez-Perez
Publisher: Emerald Group Publishing
ISBN: 1781906254
Category : Business & Economics
Languages : en
Pages : 283

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Book Description
This is the first in a two volume study of Corporate Social Responsibility and corporate behaviour from around the world, taking in viewpoints from five continents and over ten countries. These case studies present a detailed analysis of best practice in the corporate world in the areas of social ethics and community engagement.

Author: Matjaž Mulej
Publisher: Springer Nature
ISBN: 3030441725
Category : Business & Economics
Languages : en
Pages : 316

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Book Description
This book illustrates how CSR can be used as a tool to improve corporate governance in organizations and improve the relationship between business and society. Connecting corporate social responsibility (CSR) with corporate governance (CG) is a 21st century challenge, and the book argues that CSR and CG should be addressed together in synergy in the management literature. Linking these two crucial business functions, it describes the preconditions for successful integration and the tools for practical implementation. Volume 1 covers corporate governance from the perspective of CSR, where responsible and sustainable business is a common goal and the tasks are to create core values, business policy and organizational strategies.

Author: Anonym
Publisher: GRIN Verlag
ISBN: 3656694206
Category : Business & Economics
Languages : en
Pages : 16

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Book Description
Seminar paper from the year 2013 in the subject Business economics - Business Ethics, Corporate Ethics, grade: 1,7, The FOM University of Applied Sciences, Hamburg, language: English, abstract: Corporate social responsibility (CSR) has become an important and much discussed topic of the 21st century, both in academic research and public media. Corporate leaders increasingly realize that their responsibilities are not limited to shareholders, but extend to the communities in which their companies operate. Exercising this responsibility, particularly concerning social and environmental issues, has consequently become more crucial to many companies. However, this has brought new reporting challenges because the successes of CSR are often difficult to quantify. Companies have to account for the social and environmental consequences of their activities. CSR has emerged as an inescapable priority for business leaders in every country because many organizations rank companies on the performance of their CSR and these rankings attract considerable publicity. An example of the rising influence of social issues on economic performance is the consumer boycott of Nike products in the early 1990s after the New York Times and other media outlets reported abusive labor practices at some of its Indonesian suppliers. This behavior of consumers demonstrates how intense economic consequences of social issues could be, even if those corporations actually have had little impact on the problem at hand.

Author: Catherine A. Rogers
Publisher: Oxford University Press, USA
ISBN: 9780198713203
Category : Law
Languages : en
Pages : 0

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Book Description
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

Author: Christiane Prange
Publisher: Springer Nature
ISBN: 3030196623
Category : Psychology
Languages : en
Pages : 267

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Book Description
Asia is a continent of contradictions and boundaries; it offers exciting business opportunities, but is also characterized by unpredictability and conflict. While flexibility and creativity are in the DNA of many startups in China, major players like Xiaomi and Alibaba have also emerged as global giants, challenging established global competitors. The authors of this book show that these companies are crossing various boundaries – between cultures, mindsets, and perspectives. At the same time, Western companies entering Asian markets face challenges that are very different from those on their home turf. This book addresses the needs of current and future managers doing business in Asia, who need to understand the individual, social and business challenges that can arise from crossing boundaries. The respective case studies provide essential insights on how several Asian companies have made impressive strides towards becoming established players; how the revival of local brands and growing pride in local products has become a major challenge for global competition; how the need to actively practice corporate social responsibility in Asian markets is currently challenging many companies; and how the need for individual and team coaching among the members of management to support a company’s development has grown tremendously, calling for new solutions.

Author: Régis Bismuth
Publisher: Taylor & Francis
ISBN: 1000389820
Category : Law
Languages : en
Pages : 585

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Book Description
The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

Author: Juan José Álvarez Rubio
Publisher: Taylor & Francis
ISBN: 1351979159
Category : Law
Languages : en
Pages : 159

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Book Description
The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Author: Yuliya Chernykh
Publisher: BRILL
ISBN: 9004414703
Category : Law
Languages : en
Pages : 629

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Book Description
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.