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Incremental Institutionalisation of Csr Regime

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Chapter Summary

The 'business and human rights' literature usually proposes the adoption of laws that assign liability to businesses for harms produced. The analysis in this chapter builds an understanding on promoting compliance that is alternative to models of deterrence based solely on public regulation and public enforcement; the causality is complex and a range of intermediary variables are at work. The chapter discusses the role of private sectors in the regulatory regime as well as the discretion that law deliberately leaves to private actors. Various bodies of law have accumulated experience in how to handle this discretion, what are the potential solutions and their limitations. In the UK, company laws now require directors to report on several issues relevant to corporate social responsibility (CSR). The courts of Canada and New Zealand declined to adopt the incremental approach and stuck to two-stage test on grounds of 'justice/not tolerating injustice'.

Keywords:corporate social responsibility (CSR) regime; private actor

10.1163/ej.9789004163928.i-374.28
/content/books/10.1163/ej.9789004163928.i-374.28
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