YOUTH UNEMPLOYMENT: WHAT ROLE CAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PLAY IN CURBING THIS SOCIAL ILL IN SWAZILAND (ESWATINI) AND SOUTH AFRICA?

Pretoria Student Law Review ◽

10.29053/pslr.v12i.1890 ◽

2018 ◽

Author(s):

Simangele D. Mavundla

Keyword(s):

South Africa ◽

Human Rights ◽

Corporate Social Responsibility ◽

Social Responsibility ◽

International Law ◽

Youth Unemployment ◽

Youth Employment ◽

African Youth ◽

Corporate Social

This profound academic opinion advocates for youth employment by clearly arguing that even though the African Youth Charter (AYC) is not binding on states in as much as on corporates/businesses, at international law these same corporates/businesses have a role to play in ensuring that youth unemployment is curbed through invoking Corporate Social Responsibility (CSR). It will be argued that CSR is no longer only associated with philanthropy, but it is now part and parcel of promoting and protecting human rights in communities where businesses operate, such that they cannot turn a blind eye to social ills such as youth unemployment.

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Derecho Internacional, Responsabilidad Social Corporativa Y Derechos Humanos (International Law, Corporate Social Responsibility and Human Rights)

SSRN Electronic Journal ◽

10.2139/ssrn.3766366 ◽

2018 ◽

Author(s):

Ignacio Forcada Barona

Keyword(s):

Human Rights ◽

Corporate Social Responsibility ◽

Social Responsibility ◽

International Law ◽

Derechos Humanos ◽

Corporate Social

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Reflections on how to Address the Violations of Human Rights by Extractive Industries in Africa: A Comparative Analysis of Nigeria and South Africa

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2014/v17i1a2255 ◽

2017 ◽

Vol 17 (1) ◽

pp. 519

Author(s):

Serges Djoyou Kamga ◽

Ogehcukwu O Ajoku

Keyword(s):

South Africa ◽

Human Rights ◽

Corporate Social Responsibility ◽

Social Responsibility ◽

Extractive Industries ◽

International Human Rights Law ◽

International Human Rights ◽

Transnational Companies ◽

International Human ◽

Corporate Social

Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating TNCs’ obligations in terms of human rights are non-binding. Consequently, the state in which TNCs operate remains the only duty bearer of human rights and should ensure that companies under its jurisdiction comply with human rights. The aim of this article is to examine the extent to which Nigeria and South Africa comply with their obligations to ensure that TNCs in extractive industries operating within their borders promote and respect human rights. Ultimately it is argued that the legal architecture in the countries under study does not satisfactorily shield people from the actions of TNCs. In an attempt to remedy the situation, it is suggested that a way forward could be constructed on the following pillars: inserting human rights clauses into international trade and investment agreements; raising awareness of and sensitization on the importance of corporate social responsibility as a "profit maximising mechanism"; turning corporate social responsibility into binding human rights obligations; and using international human rights monitoring mechanisms. Though the points made in this article generally engage the human rights impacts of extractive industries in Nigeria and South African, the proposed solutions are generalisable to other societies in which these industries operate.

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Rise of the Corporation and Corporate Social Responsibility: The Case for Corporate Customary International Law

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/cyl.2017.11 ◽

2017 ◽

Vol 54 ◽

pp. 276-308

Author(s):

KIRSTEN STEFANIK

Keyword(s):

Human Rights ◽

Corporate Social Responsibility ◽

Social Responsibility ◽

International Law ◽

Customary International Law ◽

Legal Obligations ◽

The Social ◽

Legal Effect ◽

Corporate Social ◽

International Systems

AbstractCorporations have taken on an expansive role in the global community with transnational operations, extensive resources, power and influence, and significant environmental and human rights impacts. While corporate social responsibility (CSR) has developed standards and practices aimed at addressing the social responsibility of corporations, its legal effect, if any, is unclear. In part, this can be linked to the lack of status and direct accountability for corporations in international law. This article seeks to carve out a space for corporations in which the realities of their power and impact can be acknowledged, addressed, and managed. It suggests that this can be accomplished through the recognition of corporate customary international law. This corporate customary international law would apply the well-developed law-creation processes of traditional state-based customary international law to businesses. Employing CSR as a practical example, the article suggests that not only is corporate customary international law a theoretical possibility, but its elements can already be seen in the development of CSR. Ultimately, this article aims to show how customary international law, which is an existing tool of international law formation, can be used to bridge the gap between the traditional and contemporary international systems and increase opportunities for businesses to fulfil ethical and legal obligations and to be held accountable for environmental and human rights harms.

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