JJUA55122U Corporate Social Responsibility

Corporate Social Responsibility (CSR) is not a soft-law or a marketing concept anymore. CSR touches on a variety of legal issues that any lawyer in 21st century should be aware of. CSR translates social values, such as respect for human rights, employees' dignity, environmental protection or business
integrity into law through diverse legal tools. Decades ago these values remained theoretical and often voluntary, yet this is not the case anymore. Over the past decade, the international community and in some cases also the national legislators have made significant advances in examining and clarifying the links between corporations and CSR. International organizations and governments have laid down regulatory frameworks, guidelines, monitoring and reporting procedures that corporations are required to follow. Furthermore, corporations themselves have adopted codes of conduct and internal procedures in order to adhere to the above stated standards and rules. These tools combined with evolving jurisprudence effectively render CSR in many cases an enforceable law.

The course is divided into two parts. The first part provides students with the historical, economical and theoretical background of the emergence of responsibility and accountability pertaining to national and international businesses. The first part represents an introduction to the relevant terms and concepts, while understanding diverse narratives that have surrounded the development of the CSR as a legal
subject. The second part of the course focuses on international and national legal frameworks and existing legal tools such as reporting duties, tort law liability and contract law requirements applying and enforcing the protection of human rights, labor rights, the environment and anti-corruption
regulation. Also public procurement law and WTO law topics are covered. The students will analyze diverse challenges for businesses in regard to carrying out business activities with governments and other business partners in other jurisdictions, while being aware of different cultural and legal challenges. With a focus on practical examples, students will analyze the spectrum and the extent to which businesses today do and possibly should play a role in the protection of human rights, the environment and labor rights and additional societal values that develop as the society does.

It is advisable for the students to be aware (have basic knowledge) of the company law, corporate governance and public international law.

Main topics covered are the following:

• CSR legal frameworks, international, European, national
• CSR and its relevance for business
• UN Global Compact, UN Sustainability Goals, OECD Guidelines, ISO 26000
• CSR and government, NGO's position and influence
• Obligations for corporations stemming from the legal framework on human rights, the environment, labor rights and anti-corruption
• CSR and tort law liability
• CSR and contract law
• CSR and public procurement law
• CSR and the law of WTO
• Strategies of compliance development
• Lawyers active role in broad due diligence