The authors analyze the impact of human rights conditions on foreign direct investment (FDI). Extant literature in this area raises conflicting expectations. Although the “conventional wisdom” posits that repression creates a stable, compliant, and relatively inexpensive host for FDI, there are contending arguments that the protection of human rights reduces risk and contributes toward economic efficiency and effectiveness. Moreover, the burgeoning “spotlight” regime may also punish firms who locate in repressive regimes. Conceptualizing FDI as a two-part process—the initial decision to (...) invest and the subsequent decision of investment amount—the authors assess human rights as a determinant of FDI. Using a two-stage model, they test their hypotheses across developing countries for the years 1980 to 2003. They find that human rights are a significant determinant of the amount of FDI inflows. (shrink)

This article explores the influences informing the voluntary initiatives undertaken by major mining companies to meet their environmental and social responsibilities. The framing by mining companies of their corporate social responsibility (CSR) policies in terms of sustainable development, as reflected in their stand-alone CSR reports, is a noteworthy feature of the mining industry. This article analyzes the process by which convergence occurred around the norm of sustainable development and examines the circumstances that led to the adoption of unilateral and collaborative (...) corporate voluntary initiatives to promote sustainable development in the mining sector. The author argues that the interaction of institutional dynamics with managerial preferences are key variables which can best be explained by institutional approaches in organization theory and international relations theory that draw attention to the global context and the dissemination of global norms. (shrink)

This article extends earlier research concerning the relationship between corporate social performance and corporate financial performance, with particular emphasis on methodological inconsistencies. Research in this area is extended in three critical areas. First, it focuses on a particular industry, the chemical industry. Second, it uses multiple sources of data-two that are perceptual based (KLD Index and Fortune reputation survey), and two that are performance based (TRI database and corporate philanthropy) in order to triangulate toward assessing corporate social performance. Third, it (...) uses the five most commonly applied accounting measures in the corporate social performance and corporate financial performance (CSP/CFP) literature to assess corporate financial performance. The results indicate that the a priori use of measures may actually predetermine the CSP/CFP relationship outcome. Surprisingly, Fortune and KLD indices very closely track one another, whereas TRI and corporate philanthropy differentiate between high and low social performers and do not correlate to the firm's financial performance. (shrink)

During the last years, there has been an increasing discussion on the role of business in human rights violations and an increase in human rights litigation against companies. The result of human rights litigation has been rather disillusioning because no corporation has been found guilty and most cases have been dismissed. We argue that it may nevertheless be a useful instrument for the advancement of the business and human rights agenda. We examine the determinants of successful human rights litigation in (...) terms of judicial, educational, and regulatory effects. This article reviews more than 40 corporate foreign direct liability cases and their effects on corporate human rights policies and conduct. The review shows that most corporations adjusted their human rights policies and adopted additional measures to cope with human rights issues during or shortly after the legal proceedings. Opening legal channels for human rights litigation may be one way for governments to incentivize firms to respect human rights. These findings have implications for the United Nations Guiding Principles on Business and Human Rights as well as on our interpretation of the most recent U.S. Supreme Court decision in Kiobel v. Shell. (shrink)

Multinational enterprises (MNEs) have long had a reputation of not doing enough for their host communities in developing countries. This study critically examines the role of MNEs in community development initiatives in developing countries, using the Nigeria oil industry and the South African mining industry as case study. Specifically, the study assessed the usefulness of MNE-supported community development projects as a means of demonstrating corporate social responsibility. The findings suggest that expectations for community development projects are greater in developing countries. (...) This study introduced new information on MNEs'local development programs that were drawn from interviews with MNEs'managers, government officials, and local communities. (shrink)

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and jurisdiction (...) and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

This article explores the influences informing the voluntary initiatives undertaken by major mining companies to meet their environmental and social responsibilities. The framing by mining companies of their corporate social responsibility (CSR) policies in terms of sustainable development, as reflected in their stand-alone CSR reports, is a noteworthy feature of the mining industry. This article analyzes the process by which convergence occurred around the norm of sustainable development and examines the circumstances that led to the adoption of unilateral and collaborative (...) corporate voluntary initiatives to promote sustainable development in the mining sector. The author argues that the interaction of institutional dynamics with managerial preferences are key variables which can best be explained by institutional approaches in organization theory and international relations theory that draw attention to the global context and the dissemination of global norms. (shrink)

Recent years have heralded increasing attention to the role of multinational corporations in regard to human rights violations. The concept of complicity has been of particular interest in this regard. This article explores the conceptual differences between silent complicity in particular and other, more "conventional" forms of complicity. Despite their far-reaching normative implications, these differences are often overlooked.Rather than being connected to specific actions as is the case for other forms of complicity, the concept of silent complicity is tied to (...) the identity, or the moral stature of the accomplice. More specifically, it helps us expose multinational corporations in positions of political authority. Political authority breeds political responsibility.Thus, corporate responsibility in regard to human rights may go beyond "doing no harm" and include apositive obligation to protect. Making sense of this duty leads to a discussion of the scope and limits of legitimate human rights advocacy by corporations. (shrink)

The combination of corporate-community conflicts and oil transnational corporations' (TNCs) rhetoric about being socially responsible has meant that the issue of community development and poverty reduction have recently moved from the periphery to the heart of strategic business thinking within the Nigerian oil industry. As a result, oil TNCs have increasingly responded to this challenge by adopting partnership strategies as a means to contribute to poverty reductions in their host communities as well as secure their social licence to operate. This (...) paper critically examines the strengths and weaknesses of the different community development partnership (CDPs) initiatives employed by Shell, Exxon Mobil and Total to contribute to poverty reduction within their host communities in the Niger Delta, Nigeria. Drawing on empirical data and critical analysis, the paper argues that while the CDP initiatives by SPDC, MPN and EPNL have the potential to contribute to community development, the failure to integrate negative injunction duties into existing partnerships means that the partnerships make no difference to how oil TNCs conduct their core business operation. Consequently, CDPs have had limited positive impact on poverty reduction in the Niger Delta. The paper concludes by examining the implications of the emerging issues for partnership and poverty reduction. (shrink)

The article assesses the achievements and limitations of the private regulation of global corporate conduct. Private regulation occurs through voluntary, private, nonstate industry and cross-industry codes that address labor practices, environmental performance, and human rights policies. The author argues that while private regulation has resulted in some substantive improvements in corporate behavior, it cannot be regarded as a substitute for the more effective exercise of state authority at both the national and international levels. Ultimately, private regulation must be integrated with (...) and reinforced by more effective state-based and enforced regulatory policies at both the national and international levels. (shrink)

In this introduction to the special issue of industry-specific corporate social responsibility, we develop our argument in three steps: Firstly, we elaborate on some theoretical perspectives for industry-specific CSR by referring to cultural business ethics, a theoretical approach which is located between purely business perspectives and purely normative perspectives on CSR. Secondly, we briefly introduce the papers of this special issue, which covers a wide range of theoretical approaches and empirical studies in the field of industry-specific CSR. Thirdly, we draw (...) attention to shortcomings of an industry-specific approach and sketch some theoretical—but also empirically applicable—perspectives for further research that stress cross-sectoral perspectives based on societal needs. (shrink)

Corporate social responsibility is a tortured concept. A number of alternative definitions of the construct exist at the theoretical level, and much debate surrounds the meaning of the term. Empirically, CSR research reaches few remarkable conclusions. In this article, the authors reconceptualize CSR into a number of discrete corporate social responsibilities , each of which can have a positive or negative social impact, and each of which has an endogenous managerially driven component and an exogenous stakeholder-driven component. Using an industry-level (...) sample drawn from the KLD database, the authors test the impact of hypothesized drivers of CSR on various CSRs. (shrink)

This article reviews the interdisciplinary literature on the UN Global Compact. The review identifies three research perspectives, which scholars have used to study the UN Global Compact so far: a historical perspective discussing the Global Compact in the context of UN-business relations, an operational perspective discussing the composition and impact of its participants, as well as a governance perspective discussing the constraints and opportunities of the initiative as an institutionalized arena for addressing global governance gaps. The authors contrast these three (...) perspectives and identify key empirical as well as conceptual scholarly contributions. The remainder of this article contains focused summaries of the articles selected for this Special Issue. All articles are introduced and evaluated against the background of the three research perspectives. (shrink)

This article examines the ethical characteristics of MNEs employee relations in developing countries. Specifically, it addresses various ethical issues relating to labour relations and trade unions in extractive industries in Nigeria, South Africa and Zambia. Data collected in these countries indicate that criticisms aginst MNEs relating to labour issues and labour practices in developing countries are not lessening. The discussion is lent focus and direction through the analysis of critical incidents from the perspectives of various stakeholders: government, oil and mining (...) companies, and leaders of trade unions. Tensions over pay, expatriate employments as against the locals, negotiation rights and employees well-being are evident. The argument advanced is that the MNEs operating in the extractive industries of Africa will have to improve their relations with local employees in order to bridge the legitimacy gaps that exist. An improved mutual understanding between the MNEs and trade unions is required for both actors to have a smooth working relationship. (shrink)

The macro-level debate on the economic impact of multinational enterprises (MNEs) is still unsettled. This article explores micro-level evidence by examining what Fortune Global 250 firms themselves report about their economic impact. Such reporting embodies corporate attempts to account for their economic implications, in addition to the environmental and social aspects of their activities that have traditionally received more attention in the context of corporate responsibility. Firms' reports turn out to provide a rich illustration of the mechanisms through which MNEs (...) (can) affect economic development (including sheer size, technology transfer, and backward linkages) and of how such impacts are being operationalized and measured. The authors test which MNEs are most likely to disclose information on the various mechanisms and find that it is influenced by region, sector, and size but not by profitability. Implications of this exploratory study for research and practice are discussed. (shrink)