Balancing Power Interests in Reflexive Law Public-Private CSR Schemes: The Global Compact and the EU’s Multi-Stakeholder Forum on CSR

Abstract

The past decade has witnessed the emergence of multi-stakeholder public-private regulatory forums on corporate social responsibility (CSR). The process of the United Nations (UN) Special Representative of the Secretary-General (SRSG) on business and human rights is one such forum. The 2002–2004 EU Multi-Stakeholder (MSF) on CSR is another; the UN Global Compact a third. These are all set within institutional frameworks of intergovernmental organizations. The processes and outputs complement the formal law-making of the UN and the EU. This chapter deals with these types of forums. Set up under intergovernmental auspices, they differ from others, such as development of the ISO 26000 Social Responsibility Standard and the Forest Stewardship Council (FSC) labelling and certification scheme, which function more independently from public bodies. All the above may be considered types of responses to difficulties which formal law-making capacities of international law face with regard to regulation of global sustainability concerns, especially as these are related to human rights abuses or other types of negative impact caused by business action.