From Corporate Social Responsibility to Corporate Social Liability

PART I ON THE LIMITS OF LAW AND A LIMITLESS GLOBALISED MARKET 1. Introduction I. Meet Corporate Social Liability II. Why Corporate Social Liability? III. What does Corporate Social Liability Cover? IV. The Book’s Approach and Methods V. Structure of the Book 2. Setting the Stage: Corporate Responsibility in Context I. The Corporate Responsibility Debate in its Historical Context II. Ideational Context: The Impact of the Washington Consensus III. Economic Context: Centre, Semi-Periphery and Periphery of Global Value Chains IV. Organisational Context: Global Value Chain Governance V. Social Context: CSR Standards for and within Global Value Chains VI. The Advent of International Standards VII. The Many Shades of Voluntary Standards and Corporate Self-Regulation VIII. The Rise and Fall of CSR PART II THE SHORTCOMINGS OF CORPORATE RESPONSIBILITY AND OBSTACLES TO CORPORATE LIABILITY 3. National Law: Shades of Publicness in Private Regulation I. Corporate Law II. Tort Law and Contract Law III. Commercial Law 4. Post-national Law: Mandatory Disclosure, Environmental and Human Rights Due Diligence, and Supply Chain Liability I. Supranational Law II. International Law PART III CORPORATE LIABILITY IN THEORY AND PRACTICE: RECENT APPROACHES AND AN INTRODUCTION TO CORPORATE SOCIAL LIABILITY 5. Corporate Liability in International Comparison 9 I. Legislative Landscape II. Litigation Landscape 6. Analysis of Avenues for Corporate Social Liability in Global Value Chains I. Common Criteria for Founding Liability: An Overview II. Further Criteria for Founding Liability: Various Relevant Practices III. Conceptual Prospects for Corporate Social Liability in Global Value Chains PART IV PITFALLS AND THE FUTURE OF CORPORATE SOCIAL LIABILITY IN GLOBAL VALUE CHAINS 7. Liability through Judicialisation, Legalisation, and Alternative Dispute Settlement I. General Direct Liability II. A(n) (Im)Possibility of Judicial Assertiveness: A General Duty of Care for Global Value Chains III. Legalisation through Legislation: Liability Disciplines in Current French and Dutch Law IV. Transnational CSL Legalisation: Bangladesh Accord and Bangladesh Alliance V. Alternative Dispute Resolution through International Investment Arbitration VI. Enforcing Corporate Social Liability ex ante 8. The Reality and Prospects of European and International Law of Corporate Liability in Global Value Chains I. European Law II. International Business and Human Rights Framework: Guiding or Binding the Global Business? 9. On the Gap-filling Corporate Social Liability (and its Gaps) I. The Pitfalls of International Arbitration for Realising Transnational CSL II. The Limits and Opportunities of the Interface of Domestic Private Law with Public International Law III. Whither Corporate Social Liability? Conclusion: Where Do We Stand and Is There a Way Forward? I. Where Do We Stand? 3 II. The Way Forward III. Final Concluding Remarks