ABSTRACT:This article assesses the proliferation of international accountability standards (IAS) in the recent past. We provide a comprehensive overview about the different types of standards and discuss their role as part of a new institutional infrastructure for corporate responsibility. Based on this, it is argued that IAS can advance corporate responsibility on a global level because they contribute to the closure of some omnipresent governance gaps. IAS also improve the preparedness of an organization to give an explanation and a justification (...) to relevant stakeholders for its judgments, intentions, acts and omissions when appropriately called upon to do so. However, IAS also face a variety of problems impeding their potential to help address social and environmental issues. The contribution of the four articles in this special section is discussed in the context of standards’ problems and opportunities. The article closes by outlining a research agenda to further develop and extend the scholarly debate around IAS. (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)

ABSTRACT:This article examines the presuppositions and theoretical frameworks of the “new-wave” “Post-Westphalian” approach to international business ethics and compares it to the more philosophically oriented moral theory approach that has predominated in the field. I contrast one author’s Post-Westphalian political approach to the human rights responsibilities of transnational corporations (TNCs) with my own “Fair Share” theory of moral responsibility for human rights. I suggest how the debate about the meaning of corporate human rights “complicity” might be informed by the fair (...) share theory. While I point out that Post-Westphalians and moral philosophers may have fundamental disagreements about basic concepts such as legitimacy, justice, and democratic deliberation, I conclude that the Post-Westphalians have made a major contribution to the expansion of the field by presenting business ethicists with an opportunity to inform and guide debates about the potential future course of transnational governance. (shrink)

The United Nations Global Compact is with currently more than 6,000 voluntary participants the world’s largest corporate citizenship initiative. This article first analyzes three critical allegations often made against the Compact by looking at the academic and nonacademic literature. (1) The Compact supports the capture of the United Nations by “big business.” (2) Its 10 principles are vague and thus hard to implement. (3) The Compact is not accountable due to an absence of verification mechanisms. This article discusses these three (...) allegations and argues that they rest on a misunderstanding of (a) the nature of the Compact as well as its mandate and (b) the goals it tries to achieve. From this discussion of what the Compact is not, the article then outlines a perspective that classifies the initiative as a necessary supplement to incomplete state and nonstate regulatory approaches in order to illustrate what the Compact is. (shrink)

Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members (...) of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy. (shrink)

The present study complements current firm—nongovernment organization (NGO) literature by emphasizing the influence of managerial cognition on organizational behavior. In particular, I find that NGOs confront or seek to collaborate with other NGOs or with firms to appear as legitimate actors before selected third parties and as a way to access various sources of funds. By contrast, firm managers interacting with these NGOs are fundamentally concerned with achieving social stability so that their organizations can operate undisturbed. These different goals give (...) rise to considerably dissimilar mental representations of the same reality—representations that subsequently inform strategic action by both types of actors. (shrink)

This review shows how the relationship between nongovernmental organizations and businesses has been examined in business and society, management, and international business literatures. Altogether 88 relevant studies have been identified through the analysis of article abstracts from 11 leading journals in these fields. The articles have been classified into three categories according to their focus: NGO—business interface, NGO—business— government interface, and NGOs as one of many corporate stakeholders. Six main themes are identified: Activism and NGO influence, dyadic partnership , cross-sector (...) partnership , global governance and standardization, national-level governance, and stakeholder management. The state of the research topic is assessed, and implications and avenues for further research are provided. (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 structure of world order fromthe perspective of the Treaty of Westphalia, which is treated asthe benchmark for the emergence of the modern system of sovereignstates. Emphasis is placed on Westphalia as historical event, ideaand ideal, and process of evolution, and also on developments thatsupersede this framing of world politics, especially, globalizationand the megaterrorist challenge of September 11, 2001. At issue is whether the state system is resilient enough to adapt to new globalconditions or is in the (...) process of being supplanted, and whether thesequel to Westphalia is moving toward humane global governance orsome dysutopic variant, or both at once. (shrink)

Globalization has increased the economic power of the multinational corporation (MNC), engendering calls for greater corporate social responsibility (CSR) from these companies. However, the current mechanisms of global governance are inadequate to codify and enforce recognized CSR standards. One method by which companies can impact positively on global governance is through the mechanism of Global Public Policy Networks (GPPN). These networks build on the individual strength of MNCs, domestic governments, and non-governmental organizations to create expected standards of behaviour in such (...) areas as labour rights, environmental standards, and working conditions. This article models GPPN in the issue area of CSR. The potential benefits of GPPN include better overall coordination among industry and government in establishing what social expectations the modern MNC will be expected to fill. (shrink)

This article applies the main findings of actor—network theory to the outcomes of international environmental negotiations on technological issues. Taking the Convention on Biodiversity (CBD) as a case study, and more precisely its developments on biotechnology and bioprospecting applications, the research identifies three successive stages in the negotiation of technological issues under the biodiversity treaty: (i) their emergence on the agenda of the CBD, (ii) the development of two sociotechnical networks in favor of biotechnology and bioprospecting applications, and (iii) the (...) failure of these networks to influence the international agreement. These successive stages are the result of the mobilization of diverse actor networks, arising from the intersection of technological findings on the one hand and the interests of particular businesses, governments, and environmental NGOs with regard to these technological applications on the other hand. Closer scrutiny of these actor networks reveals that coherence between actors’ intentions and actions is a key element for their successful influence on international negotiations. (shrink)