French law on CSR due diligence paradox

2020 ◽  
Vol 15 (2) ◽  
pp. 125-143
Author(s):  
Guillaume Delalieux ◽  
Anne-Catherine Moquet

Purpose The purpose of this paper is to analyze the functioning of the French Law No 2017-399 relating to the duty of vigilance of parent companies and ordering companies, a law defended by labor unions and non-governmental organizations (NGOs) as an answer to the ineffectiveness of corporate social responsibility (CSR) mechanisms of multi-national corporation. Design/methodology/approach The authors try to determine to what extent the new mechanisms brought by this law could improve or not the failure of existing CSR mechanisms. Findings The authors find out that internal weaknesses of the law, which is based on voluntary CSR instruments and without penalties, internal mechanisms of the French judicial system or external economic factors, might considerably limit the effectiveness of the law. Originality/value Even if for the first time, French judges might be asked to evaluate the reasonableness of the CSR practices of firms, one of the paradoxical effects of this law might be to institutionalize soft law mechanisms such as CSR certification or reporting, the proponents of this law precisely wanted to get rid of at the origin.

2014 ◽  
Vol 10 (3) ◽  
pp. 516-536 ◽  
Author(s):  
Lars Moratis ◽  
Alice Tatang Widjaja

Purpose – This article aims to report on original empirical research on the comprehensive corporate social responsibility (CSR) standards International Organization for Standardization (ISO) 26000 and the CSR Performance Ladder and identifies determinants for the adoption of CSR standards. In addition, it reviews and adds to literature on CSR standards adoption. Design/methodology/approach – The empirical data were derived from interviews with CSR experts in The Netherlands. Findings – The findings of our research show that the demands and wishes of customers, the attitude of a company’s management, the market position of the standard-developing organization and several tangible and intangible characteristics of the standard itself are particularly relevant for the adoption of CSR standards. Research limitations/implications – The article aimed at reaching analytical generalization instead of statistical generalization and was focused on The Netherlands. Differences across industries and sectors were not taken into account in this exploratory study. Having said this, we still think the article provides valuable insights. Practical implications – Our research identifies “buttons” for policymakers trying to stimulate business to engage with CSR. It may help predict which CSR standards may surface as dominant and can also be used to inform the design and development of new CSR standards. Finally, it may also serve as input for (marketing) strategies by standardization organizations worldwide and other organizations that have taken CSR standardization initiatives as well as non-governmental organizations and even consultancies to spur the adoption of CSR standards as a means of CSR implementation. Originality/value – The article presents original empirical material on CSR standards adoption and contributes to the literature on this topic with insights on determinants’ CSR standards adoption.


2019 ◽  
Vol 14 (1) ◽  
pp. 112-127 ◽  
Author(s):  
Caroline Hussler ◽  
Marielle Payaud

PurposeThis paper aims to investigate whether and how cross-sector partnerships (a growing yet controversial phenomenon) contribute to both non-governmental organizations (NGOs) and multinational companies (MNCs) political powers.Design/methodology/approachThe method consists of a single case study on a partnership involving a large MNC and a small NGO, in the delivery of lighting and cooking devices to BoP (bottom of the pyramid) populations.FindingsThanks to economic compromises and structural arrangements, both partners succeed to take advantage of the partnership to strengthen their respective (local and transnational) political power and to serve deprived populations’ needs.Research limitations/implicationsThis paper contributes to the political corporate social responsibility (CSR) literature by presenting cross-sector partnerships as a potential means to reconcile the “brother enemies” and increase both firms’ and nonprofit organizations’ political roles.Practical implicationsThe results help both NGOs and MNCs in understanding the political stakes of cross-sector partnerships and in envisioning mechanisms to handle those collaborations so as to deepen their respective goals and build public goods.Originality/valueWhile most of the literature focuses on the strategic rationales, this paper provides political rationales for cross-sector partnerships linking MNCs and NGOs.


2015 ◽  
Vol 6 (2) ◽  
pp. 148-162 ◽  
Author(s):  
Theresa Bauer

Purpose – The purpose of this paper is to examine the impact of the institutional context on the awareness and practice of responsible lobbying and to compare relevant factors in the USA and the EU. This paper aims at integrating corporate social responsibility (CSR) and lobbying research. Design/methodology/approach – A conceptual framework is presented and exemplified by the USA and the EU context. The research is informed by institutional theory that points to external factors creating profoundly different contexts in which firms operate. Findings – The degree of responsible lobbying is likely to vary across nations and regions, particularly due to factors that impact responsible lobbying by shaping the relation between the state and firms, i.e. type of government and lobbying system as well as degree of government intervention, and factors that have indirect effects by shaping the degree to which stakeholders such as employees, consumers and non-governmental organizations push responsible lobbying. Originality/value – The link between lobbying and CSR has been long neglected by scholars and practitioners, but is now gaining more attention. Research on this topic is valuable because it helps to ensure the credibility of CSR and alleviate public criticism of lobbying.


2015 ◽  
Vol 35 (5/6) ◽  
pp. 390-402 ◽  
Author(s):  
Ghada Barsoum ◽  
Sara Refaat

Purpose – The purpose of this paper is to highlight the competing and overlapping discourses on corporate social responsibility (CSR) in Egypt, a setting with a serious knowledge gap on CSR. Design/methodology/approach – This study is based on semi-structured in-depth interviews with key players in the field of CSR in Egypt conducted in the fall of 2013 and early 2014. Informants included in this study were CSR staff members at major multinational enterprises (MNEs) operating in Egypt, key partner non-governmental organizations (NGOs) operating in the field of CSR, media and public relations agents that are partners with MNEs in launching CSR media campaigns about CSR activities. Findings – The paper identifies three themes in the discourse on CSR among some of the key field players including CSR practitioners at MNEs, NGOs and media specialists. First, CSR is seen as a western version of a long standing philanthropic tradition, that is rooted in religion. The comparison between CSR and indigenous religious practices discredits CSR as a vulgarized form of giving that seeks to take more than give. Second, the surmount challenges of poverty and unemployment place heightened expectations on CSR to seriously address these challenges. It is in view of these challenges that CSR is accused of doing “bad” development, which is the third theme identified in the data. Research limitations/implications – There is a dearth of research on CSR in Egypt, which largely remains a setting less explored in terms of CSR. This paper problematizes the connection between CSR and development. It also highlights the importance of studying CSR in different contexts. Practical implications – The findings in this paper are relevant for the design of CSR programs in contexts of countries in the south. Social implications – CSR is a normative practice, understanding the views of its practitioners and criticisms of the field is central to its development and maturity. Originality/value – Paper builds on original data collected by the authors. It addresses a lacuna of research on CSR in the Middle East region, particularly Egypt.


Author(s):  
Mohammed Ali Al-Awlaqi ◽  
Ammar Mohamed Aamer

Purpose The purpose of this paper is to discover the most important productivity determinants of Yemeni microfinance institutions. In addition, this study tests the most appropriate tool to measure productivity in such unique industry. Design/methodology/approach The authors applied data envelopment analysis (DEA) with the variable return to scale after testing the technology return to scale assumption. Then, they used DEA with bootstrapping technique to overcome the borne biasness in the conventional DEA analysis. Finally, the authors presented the Hicks–Moorsteen (total factor productivity [TFP]) as the most suitable tool for the technology presented in this study. Findings In this paper, the authors found a prolonged deterioration in the productivity scores of microfinance institutions in Yemen. This study highlights the importance of operating in rural areas to improve micro finance institutions’ (MFIs’) productivity. In contrast, they found no significant differences in productivity, neither between microfinance banks and non-governmental organizations nor between Islamic and non-Islamic MFIs. Research limitations/implications This study extends previous research in the area of productivity and its determinants. It also adds to the body of productivity knowledge and methodology within the context of the microfinance industry in Yemen. Originality/value The study discovered new productivity determinants and re-assessed the importance of some already known ones. These determinants have been studied for the first time in Yemen’s microfinance industry and have contributed to answer the question of what is the most suitable productivity method that should be used. This study proved that the Hicks–Moorsteen TFP and the variable return to scale assumption are the only suitable methods to study productivity in the microfinance industry.


2019 ◽  
Vol 5 (2) ◽  
pp. 200-218 ◽  
Author(s):  
Emily Maureen Schneider

Purpose Scholarship on the contact hypothesis and peacebuilding suggests that contact with marginalized ethnic and racial groups may reduce prejudice and improve opportunities for conflict resolution. Through a study of dual-narrative tours to Israel/Palestine, the purpose of this paper is to address two areas of the debate surrounding this approach to social change. First, past research on the effectiveness of contact-based tourism as a method to change attitudes is inconclusive. Travel to a foreign country has been shown to both improve and worsen tourists’ perceptions of a host population. Second, few scholars have attempted to link contact-based changes in attitudes to activism. Design/methodology/approach Through an analysis of 218 post-tour surveys, this study examines the role of dual-narrative tours in sparking attitude change that may facilitate involvement in peace and justice activism. Surveys were collected from the leading “dual-narrative” tour company in the region, MEJDI. Dual-narrative tours uniquely expose mainstream tourists in Israel/Palestine to Palestinian perspectives that are typically absent from the majority of tours to the region. This case study of dual-narrative tours therefore provides a unique opportunity to address the self-selecting bias, as identified by contact hypothesis and tourism scholars, in order to understand the potential impacts of exposure to marginalized narratives. Findings The findings of this study suggest that while these tours tend to engender increased support for Palestinians over Israelis, their most salient function appears to be the cultivation of empathy for “both sides” of the conflict. Similarly, dual-narrative tours often prompt visitors to understand the conflict to be more complex than they previously thought. In terms of activism, tourists tend to prioritize education-based initiatives in their plans for post-tour political engagement. In addition, a large number of participants articulated commitments to support joint Israeli–Palestinian non-governmental organizations and to try to influence US foreign policy to be more equitable. Originality/value These findings complicate debates within the scholarship on peacebuilding as well as within movements for social justice in Israel/Palestine. While programs that equate Israeli and Palestinian perspectives are often criticized for reinforcing the status quo, dual-narrative tours appear to facilitate nuance and universalism while also shifting tourists toward greater identification with an oppressed population. Together, these findings shed light on the ability of tourism to facilitate positive attitude change about a previously stigmatized racial/ethnic group, as well as the power of contact and exposure to marginalized narratives to inspire peace and justice activism.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S. ◽  
Zahid Hussain

Purpose The applications of artificial intelligence (AI) in different sectors have become agendas for discussions in the highest circle of experts. The applications of AI can help society and can harm society even by jeopardizing human rights. The purpose of this study is to examine the evolution of AI and its impacts on human rights from social and legal perspectives. Design/methodology/approach With the help of studies of literature and different other AI and human rights-related reports, this study has taken an attempt to provide a comprehensive and executable framework to address these challenges contemplated to occur due to the increase in usage of different AI applications in the context of human rights. Findings This study finds out how different AI applications could help society and harm society. It also highlighted different legal issues and associated complexity arising due to the advancement of AI technology. Finally, the study also provided few recommendations to the governments, private enterprises and non-governmental organizations on the usage of different AI applications in their organizations. Research limitations/implications This study mostly deals with the legal, social and business-related issues arising due to the advancement of AI technology. The study does not penetrate the technological aspects and algorithms used in AI applications. Policymakers, government agencies and private entities, as well as practitioners could take the help of the recommendations provided in this study to formulate appropriate regulations to control the usage of AI technology and its applications. Originality/value This study provides a comprehensive view of the emergence of AI technology and its implication on human rights. There are only a few studies that examine AI and related human rights issues from social, legal and business perspectives. Thus, this study is claimed to be a unique study. Also, this study provides valuable inputs to the government agencies, policymakers and practitioners about the need to formulate a comprehensive regulation to control the usage of AI technology which is also another unique contribution of this study.


2017 ◽  
Vol 28 (4) ◽  
pp. 438-457 ◽  
Author(s):  
Andrea Chiarini ◽  
Emidia Vagnoni

Purpose There are different ways of implementing a corporate social responsibility (CSR) system. One interesting way of implementing a CSR system is based on standards such as SA8000 and ISO 26000. The purpose of this paper is to investigate the differences brought by the two standards in European manufacturing in CSR implementation using a survey. Design/methodology/approach Eight hypotheses were derived from an analysis of the implementation pattern for a CSR management system revealed from a review of the literature as well as from the actual two investigated standards. A questionnaire based on these hypotheses was administered to the CSR managers of 326 European manufacturing companies. A χ2 and Cramer’s V-tests were used to validate the results. The CSR managers also added comments to their responses. The qualitative results gathered from the respondents’ comments helped the authors’ to better understand the quantitative data. Findings The results showed differences in how the standards affect strategies, economic and financial issues, stakeholders involved, environmental management, customer and market issues, supply chain management and CSR key performance indicators. The results indicated that it is not clear how production and technical departments can be involved in and committed to such standards or, in general, to a CSR system. Research limitations/implications The research is based on a sample of European manufacturing managers and limited to the implementation of two specific CSR standards. Practical implications The differences between the standards should be interesting to practitioners who are thinking of implementing a CSR system in a manufacturing context and weighing the pros and cons of each standard. Originality/value This research analyses, for the first time, the differences in CSR implementation brought by SA8000 and ISO 26000 in manufacturing and, in particular, in production and technical departments.


2018 ◽  
Vol 9 (4) ◽  
pp. 372-387 ◽  
Author(s):  
Mohammed Aboramadan

Purpose From one year to another, more researchers join in the ever-growing field of interest of non-governmental organizations (NGOs). Nevertheless, the literature on NGOs management is not as rich as what has been developed for private companies and bodies in the business world. The purpose of this paper is to propose a framework for managing NGOs effectively. Design/methodology/approach Reviewing the literature on NGOs management from different areas, the paper proposes a conceptual framework. Findings The paper provides a conceptual framework on how different management functions are involved in a mutual framework for managing NGOs. Research limitations/implications The author needs to empirically test the suggested framework using qualitative and qualitative techniques. Originality/value The author’s perspective on NGOs management is a subject of great interest for different NGOs stakeholders including: donors, communities, volunteers, managers and policy-makers.


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