Corporations, CSR and Self Regulation: What Lessons from the Global Financial Crisis?

Author:

Emeseh Engobo,Ako Rhuks,Okonmah Patrick,Obokoh ,Ogechukwu Lawrence

Abstract

The current global financial crisis has necessitated a questioning of some of the fundamental theories and assumptions, particularly the free-market theory, on which regulation of business enterprises, including multinational corporations (MNCs), have been based. Specifically, in the area of corporate social responsibility (CSR), this paper explores two crucial issues. The first is the implication for our understanding of the obligations of corporations to CSR in light of the scale of impacts on ordinary citizens, and their role in bailing out failed banks which owed them no direct legal obligations. The second is the continued reliance on a voluntary framework for CSR. Just as the financial crisis resulted from the largely unregulated nature of global financial institutions, this paper demonstrates, through various country examples in the resources sector, that the unregulated nature of CSR obligations on MNCs has had dire effects, comparable to that of the financial crisis, on populations. If corporations have, through personal greed and irresponsibility, evidently failed to effectively regulate themselves even in their core areas of business necessary for their own survival, how much less do we expect of effective self-regulation in the area of CSR?

Publisher

Cambridge University Press (CUP)

Subject

Law

Reference146 articles.

1. See Muzaffer Eroglu, Multinational Enterprises and Tort Liabilities: An Interdisciplinary and Comparative Examination 70 (2008). For instance in Nigeria, under the first indigenous Companies Act of 1968, enacted after independence, foreign corporations are required to reincorporate as Nigerian companies before they are allowed to operate in Nigeria. This is still a requirement even under the new Companies and Allied Matters Act, Chapter C20, Laws of the Federation of Nigeria, 2004, section 54 thereof. See generally Olufemi Amao, Corporate Social Responsibility, Multinational Corporations and the Law in Nigeria: Controlling Multinationals in Host States, 52 Journal of African Law 1, 89 (2008). For a comprehensive treatment of Nigeria's foreign investment regime, see Khrushchev Ekwueme, Nigeria's Principal Investment Laws in the Context of International Law and Practice, 49 Journal of African Law 2,177–206 (2005).

2. Oxford Dictionary of Law, 3rd Edition, 207–208 (E Martin ed., 2002).

3. In Swedish NGOs v. Sandvik (06/05), Sandvik was alleged to have supplied gold mining equipment to Ashanti Goldfields Company, which violated human rights and environment. The Swedish NCP conducted fact-finding mission but refused to meet with Ghanaian NGOs.

4. For instance, the plaintiffs in the Wiwa case are represented by New York-based Centre for Constitutional Rights (CCR), Washington, D.C.-based EarthRights International, Seattle University law professor Julie Shapiro, and Paul Hoffman.

5. 28 U.S.C. § 1350 (1999).

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