Enhance Corporate Accountability Research Articles

Hardening corporate accountability in commodity supply chains under the European Union Deforestation Regulation

AbstractThe European Union (EU) has recently introduced the Deforestation Regulation to close regulatory gaps in the sustainability and legality of global forest and agricultural commodity supply chains. We analyze this regulatory policy change by drawing on accountability scholarship and institutionalist theories of regulation. Our results show that the Regulation aims to enhance corporate accountability mechanisms through mostly state‐based hard regulation of commodity supply chains, reducing the role of market incentives and private regulation. This policy change is found to be the result of strategic policy‐oriented learning from perceived accountability failures of existing soft market‐based instruments, voluntary trade agreements, and experience with market‐correcting EU timber legality trade rules in a politically favorable context. The institutionalization of new forest‐risk commodity supply chain accountability norms in new EU trade rules would, by design, harden foreign corporate accountability for negative socio‐environmental externalities. However, the de‐facto hardening will depend on the final regulatory design, acceptance, compliance, implementation, enforcement improvements, and avoidance of leakage effects.

Determinants and consequences of corporate social responsibility disclosure: A survey of extant literature

AbstractThis paper systematically analyzes and synthesizes the literature on the determinants and consequences of corporate social responsibility (CSR) disclosure. The study is unique in that it synthesizes based on the geographical setting of the original research. We analyzed 135 empirical studies published in Chartered Association of Business Schools (ABS) ranked journals from 1982 to 2020. The results reveal that various global, country‐specific, market‐specific, and firm‐specific factors are important in determining a firm's CSR disclosure policies. These factors are consistently relevant in both developed and developing economies. Furthermore, the synthesis shows that companies achieve various CSR disclosure‐related benefits in the form of a better reputation, enhanced financial performance, better access to external finances, better stakeholder management, and enhanced corporate accountability. In terms of theories, we observe a high heterogeneity among various studies examining the same empirical phenomenon. Based on the analysis and review results, we identify avenues for future research.

Corruption disclosure practices of Islamic and conventional financial firms in Bangladesh: the moderating role of Big4

PurposeCorporate corruption reporting (CCR) is an emerging issue of the corporation for measuring transparency, integrity and accountability to the stakeholders and society. The purpose of this paper is to examine the role of CCR and financial management responsibility regarding the issue of corruption control.Design/methodology/approachTo explore the influences of corruption disclosure, this study considers the keywords-based content analysis of the listed financial firms of the Dhaka Stock Exchange in Bangladesh for 2012–2016. The research considers stakeholders and theoretical legitimacy lens for discussing corporate corruption disclosure. This study identified 143 self-driven keywords by classifying, analyzing and selecting the appropriate large set of keywords from the prior literature. This study examines 247 firm-year observations of all financial firms in Bangladesh using secondary data sources.FindingsThe results of the hierarchical regression analysis report that financial firms following Sharia principles have a negative and significant association with CCR, while Big4 has a positive and significant influence. Moreover, the interaction effect of Big4 on the relationship between Sharia principles and CCR is negative and insignificant. The findings reported that Islamic financial firms disclose less corruption information than conventional financial firms in Bangladesh.Practical implicationsThis study findings are expected to significantly impact corporate management and policymakers of developing and highly corrupted economies to enhance corporate accountability, transparency and reputation. The regulatory body can consider the findings to promulgate anti-corruption reporting rules and regulations.Originality/valueThe authors believe the theoretical lens used to support the method and findings of this paper are unique and novel.

Foreign corporate accountability: The contested institutionalization of mandatory due diligence in France and Germany

AbstractIn the recent past, European states have adopted mandatory due diligence (MDD) laws for holding companies accountable for the environmental and human rights impacts of their supply chains. The institutionalization of the international due diligence norm into domestic legislation has, however, been highly contested. Our contribution analyzes the discursive struggles about the meaning of due diligence that have accompanied the institutionalization of MDD in Germany and France. Based on document analysis and legal analysis of laws and law proposals, we identify a state‐centric, a market‐based, and a polycentric‐governance discourse. These discourses are based on fundamentally different understandings of how the United Nations Guiding Principles on Business and Human Rights should be translated into hard law. By outlining these discourses and comparing the related policy preferences, we contribute with a better understanding of different ways in which MDD is institutionalized, with important consequences for the possibilities to enhance corporate accountability in global supply chains.

The development and application of a decision-useful measure of environmental best practice for the mining industry

PurposeThe failure of environmental reporting to meet the needs of stakeholders is partly due to the gap, or inconsistency, between information disclosed in corporate reports and the underlying quality of environmental management. Within the context of the mining industry, this paper present a novel approach to close this gap. By measuring and reporting the comprehensiveness of environmental management – in a manner consistent with the qualitative characteristics applied within financial reporting – this paper contends that stakeholders can, as a result, better assess the environmental risk of mining operations and hold organisations more accountable for their environmental commitments.Design/methodology/approachUsing interviews and surveys, this paper draws on the knowledge of experienced environmental practitioners to measure the otherwise intangible quality of “environmental management”. The accounting metric developed is then used to quantify the comprehensiveness of environmental management of thirty Australian-based mine sites.FindingsThe findings suggest: (1) the accounting metric presented in this paper could better inform the decisions of both internal and external stakeholders; (2) significant variation in the comprehensiveness of environmental management exists within corporate entities and across the mining industry; (3) ISO 14001 is generally an indicator – but not a guarantee – of strong environmental management and (4) ISO 14001 self-declarations are largely symbolic.Originality/valueThe accounting metric presented in this paper could better inform user decisions, enhance corporate accountability and drive continuous improvement in environmental management. It could also provide a foundation for similar customised metrics in other industries and across other areas of sustainability.

Transnational Migration of Laws and Norms in Corporate Governance: Fiduciary Duties and Corporate Codes

This paper explores the intersection of transnational law with contemporary corporate governance laws and principles. Transnational law, it must be said, is a far from settled concept. There is uncertainty as to what the term actually means, and how it differs from other concepts, such as national legal ordering or global law. For early theorists, the essence of transnational law was whether it regulated conduct or events that crossed national boundaries. More recent scholarship, however, has focused not on what is being regulated, but rather on how laws and norms are transmitted between supranational and local levels.Corporate governance, with its complex array of public and private actors, fits naturally within the modern conception of transnational law as a species of law that “can no longer be viewed through a purely national lens”. Financial markets today are global and interconnected and events, such as the 2007-2009 global financial crisis and the current COVID-19 crisis, exemplify the risk of contagion across those markets.Not only can corporate governance problems transcend national boundaries, so too can their solutions, which often involve regulatory efforts that operate at a transnational level. In this environment, the corporation has taken on a greater societal role. Indeed, according to The British Academy’s influential Future of the Corporation project, the main purpose of business today is “to solve the problems of people and planet profitably”.This paper explores, from a transnational perspective, the transmission of laws and norms that are designed to constrain directors’ conduct and enhance corporate accountability. It focuses on two key examples of such accountability mechanisms —fiduciary duties and corporate codes.The paper begins with a comparative and historical examination of directors’ fiduciary duties in the United States, the United Kingdom and Australia, analyzing the extent to which the transfer of fiduciary law to these common law jurisdictions has resulted in a unified approach to directors’ duties, as is often assumed by studies such as the law matters hypothesis. The paper then moves on to discuss the modern phenomenon of codes, such as corporate governance codes and shareholder stewardship codes. Corporate codes originated in the United Kingdom in the early 1990s, but have subsequently spread throughout the world. The paper explores the global transmission of these codes, which constitute powerful “norm creators”. The rise of corporate codes epitomizes the fact that transnational legal ordering occurs “multi-directionally and recursively up from and down to the national and local levels”. It also demonstrates the importance of “who writes the rules”, because this can affect the substance of those rules and result in significant divergence between national codes.The paper assesses these various developments against the backdrop of convergence and path dependence theories in corporate governance.

Managing Corporate Social and Environmental Disclosure: An Accountability vs. Impression Management Framework

Institutional environment demands from organizations to be accountable for their social and environmental actions and to provide information allowing the assessment of their long-term prospects for profitability may lead organizations to adopt Impression Management (IM) tactics to manage perceptions. Consequently, organizations may provide accounts demonstrating that they are good corporate citizens and possess the intangible assets required for future good financial performance. Although organizations have increased their corporate social reporting, the quality and reliability of those reports have been questioned. The literature suggests that these disclosures tend to be selective and biased, and do not enhance corporate accountability. This study proposes a formal conceptual framework linking IM, social and environmental accountability, financial performance, and organizational legitimacy. The arguments in this study are of economic, societal, and ethical concern, as IM behaviors may undermine the transparency of social and environmental reporting, and the decoupling between the economic and social image offered by companies through reporting and the reality. These insights also point at the complexities for organizations in dealing with accountability to all stakeholders. The conceptual framework proposed is useful for future studies aiming at understanding how organizations use IM in their corporate social reporting in the accountability process.

The Rana Plaza disaster seven years on: Transnational experiments and perhaps a new treaty?

AbstractThis article examines several noteworthy initiatives that were implemented following the deadly 2013 Rana Plaza disaster in Bangladesh. They broke new ground in transnational labour law. The ILO‐backed initiatives were largely successful but remain insufficient to achieve lasting change in the ready‐made garment industry, where global brands’ supply chain buying practices constrain investment in occupational safety and health. A proposed United Nations treaty on business and human rights now seeks to enhance corporate accountability. Although promising, as part of a smart mix of multi‐level public and private solutions, the treaty needs fine‐tuning in the light of lessons learned from post‐Rana Plaza experiments.

Convergent Insights for Sustainable Development and Ethical Cohesion: An Empirical Study on Corporate Governance in Romanian Public Entities

The global financial crisis was decisive in reanalyzing the role of corporate governance based on the accountability and ethics of governance practices and its impact on sustainable development. The study aims to analyze the relevance of and the interdependencies between financial governance assessment indicators and income efficiency with synergetic effects on sustainable development and social cohesion, offering a distinct contemplation on errors in governance and financial reporting. Deviations concerning the accuracy of financial statements, flaws in the process of budget creation and budgetary execution, poor implementation of internal control systems, non-compliance with procedures of public procurement contracts, and ineffectiveness in sound financial management represent barometers for assessing managerial accountability in the public sector. This study is based on data reported by the Romanian Court of Accounts processed with the principal component analysis and proposes a global efficiency index as a benchmark indicator barometer in order to analyze the influence of managerial accountability and sustainable reporting compliance on revenue reported by public institutions in Romania. The results of the study are of empirical importance and explore the constant need to evaluate managerial accountability and ethics, with an emphasis on error, in order to improve public governance and enhance corporate accountability.

Harmonising non-financial reporting regulation in Europe

PurposeMotivated by the new European Union Directive 2014/95 on non-financial and diversity information, this paper aims to develop a future research agenda to conduct pragmatic, theory-oriented research into the Directive and corporate sustainability reporting.Design/methodology/approachDrawing upon the relational dynamics between states, firms and society in regulating non-financial reporting (NFR), this essay frames and analyses the Directive and its grand theories, as unproven theories, by discussing its practical concerns and reviewing the academic literature.FindingsThe Directive is an act of policy to legitimise NFR that encompasses two grand theories: improve the comparability of information and enhance corporate accountability. From a pluralist perspective, companies can rest assure that their compliance with the Directive will be perceived as socially desirable, proper and appropriate. However, some of the forces involved in translating the Directive into actionable policies operate contra to the Directive’s goals and, instead, act as barriers to its grand theories. In addressing these barriers, a research agenda is proposed that both traces backward to re-examine the foundational theories of the past and looks forward to explore alternative possibilities for achieving these goals.Research limitations/implicationsThis paper provides researchers with a practical-driven and theory-oriented agenda for future research in light of the rising academic interest in the Directive.Practical implicationsThe barriers to the Directive’s grand theories help policymakers and practitioners to understand the practical concerns about the implementation of the Directive and other mandatory NFR policies.Originality/valueThis paper enriches the emerging debate on the Directive and highlights future possibilities for fruitful empirical research by developing a research agenda.

Integrated reporting and narrative accountability: the role of preparers

PurposeThe International Integrated Reporting Council claims that integrated reporting (IR) can enhance corporate accountability, yet critical and interpretative studies have contested this outcome. Insufficient empirical research details how preparers experience accountability while constructing IR; to fill this gap, the purpose of this paper is to analyse how the preparers’ mode of cognition influences the patterns of accountability associated with IR.Design/methodology/approachA functionalist approach to narratives helps elucidate the role that the IR preparers’ narrative mode of cognition plays on accountability towards stakeholders. The empirical analysis particularly benefits from in-depth interviews with the IR preparers of a global insurer that has used IR since 2013.FindingsThe preparers’ narrative mode of cognition facilitates dialogue with IR users. It addresses accountability tensions by revealing the company’s value creation process. Preparers’ efforts to establish a meaningful dialogue with a growing variety of stakeholders through broader and plainer messages reveals the potential of IR as a narrative source of a socializing form of accountability. However, financial stakeholders remain the primary addressees of the reports.Research limitations/implicationsThis paper focusses on preparers’ views; further research should integrate users’ accountability expectations.Originality/valueThis paper offers new insights for dealing with corporate reporting and accountability in a novel IR setting.

Have labour practices and human rights disclosures enhanced corporate accountability? The case of the GRI framework

This paper critically evaluates Transnational Corporations’ (TNCs) claimed adherence to the Global Reporting Initiative (GRI)’s ‘labour’ and ‘human rights’ reporting guidelines and examines how successful the GRI has been in enhancing comparability and transparency. We found limited evidence of TNCs discharging their accountability to their workforce and, rather, we found evidence to suggest that disclosure was motivated more by enhancing their legitimacy. TNCs failed to adhere to the guidelines, which meant that material information items were often missing, rendering comparability of information meaningless. Instead, TNCs reported large volumes of generic/anecdotal information without acknowledging the impediments they faced in practice.

Corporate accountability in the Samarco chemical sludge disaster

PurposeThe purpose of this paper is to explore avenues of corporate accountability in disasters, using the Samarco chemical sludge disaster, which took place in 2015 in Brazil, as case study.Design/methodology/approachThe paper considers possible ways of enhancing corporate accountability in disasters, focusing on one particular international mechanism on multinational enterprises (MNEs), which addresses both human rights and environmental issues. The research is based on the location and assessment of a variety of written sources (i.e. normative instruments, academic literature, publications by practitioners, civil society organizations, and the media). The paper makes suggestions on the potential of using existent international accountability mechanisms in similar disasters.FindingsThe paper identifies key measures taken by national authorities to address the disaster. It also considers how the Organization for Economic Cooperation and Development Guidelines for MNEs could be used to pursue corporate accountability.Research limitations/implicationsThis is a desk-based research, chiefly conducted on documental analysis rather than fieldwork.Practical implicationsThe paper might provide useful insights for organizations and communities facing similar challenges linked to multinational corporate activities that adversely affect human rights and the environment.Originality/valueThe study brings to attention normative standards relatively unknown to the disaster community, which may help raise interest on them, and lead to their potential use in future disaster situations. Furthermore, to date the Samarco chemical sludge has received scant attention from the academic literature.

Corporate Criminal Liability under International Law: The New TV S.A.L. and Akhbar Beirut S.A.L. Cases at the Special Tribunal for Lebanon

Relying on the Tribunal’s inherent powers, the Appeals Panel of the Special Tribunal for Lebanon decided in two cases, New TV S.A.L. and Akhbar Beirut S.A.L., that the Tribunal has jurisdiction over corporations for the offence of contempt. They decided so despite the absence of a clear provision explicitly granting such jurisdiction. This is the first time an international criminal tribunal asserts jurisdiction over legal persons. The article critically presents the Appeals Panel’s findings and places them in their historical and international context. Although limited in scope, the decisions are of great significance as business and human rights developments at the international level have emphasized the need for enhanced corporate accountability.

Corporate environmental responsibility and accountability: What chance in vulnerable Bangladesh?

Bangladesh has recently been enjoying significant economic growth mainly arising from an export led development strategy. However, in that process its natural environment has been degraded and become more vulnerable in geophysical terms (e.g. environmental pollution). Much of the Bangladeshi population are also vulnerable in socio-economic terms due primarily to widespread poverty. In this context we ask, albeit sceptically, whether there is any chance of holding corporations to account for their environmental responsibilities. Using the notions of vulnerability and ecological rifts we answer this question by providing evidence from published sources and a series of 32 semi-structured interviews with Bangladeshi stakeholder groups. Key findings include, inter alia, corporate reluctance to take responsibility for the environmental impact of their activities. Our interviewees discuss the possibility of a role for mandatory corporate reporting in enhancing corporate accountability and we argue that this is essential if the contradictions and irrationalities of the globalized capitalist system are to be made visible. Achieving such accountability, however, will not be easy due to a lack of political will and the prohibitive costs involved. Incurring such costs could raise the dangerous prospect of Bangladesh losing business to other, less regulated, economies.

Privatisation, empowerment and accountability: What are the policy implications for establishing effective farmer organisations?

Weak institutional development and information flows have constrained the extent to which the smallholder farming sector in developing countries can significantly drive growth and poverty reduction. This is despite widely implemented economic liberalisation policies focussing on market efficiency. Farmer organisations are viewed as a potential means of addressing public and private institutional failure but this has frequently been limited by inequalities in access to power and information. This article investigates two issues that have received little research attention to date: what role downward accountability plays in enabling farmer organisations to improve services and markets, and what influences the extent to which downward accountability is achieved. Kenya Tea Development Agency (KTDA), one of the largest farmer organisations in the world (>400,000 farmers) is examined alongside wider literature. Mixed methods were used including key informant interviews, and eight months of participant observation followed by a questionnaire survey. The article concludes that without effective downward accountability farmer organisations can become characterised by institutions and mechanisms that favour elites, restricted weak coordination and regulation, and manipulated information flows. This in turn reduces individuals’ incentives to invest. If farmer organisations are to realise their potential as a means of enabling the smallholder sector to significantly contribute to economic growth and poverty reduction, policy and research needs to address key factors which influence accountability including: how to ensure initial processes in formation of farmer organisations establish appropriate structures and rules; strong state regulation to enhance corporate accountability; transparent information provision regarding actions of farmer organisation leaders; and the role independent non-government organisations can play. Consequently attention needs to focus on developing means of legitimising rights, building poor people's capacity to challenge exclusion, and moving from rights to obligations regarding information provision.

Technical Note: Company Risk-related Disclosures in a Code Law Country: A Synopsis

This synopsis provides a concise historical contextualisation of current risk disclosure issues, highlights major factors influencing contemporary risk reporting practices, and engages in a reflective overview of four recently published papers on aspects of corporate risk-related disclosures in a code law country, Portugal. The breadth and depth of our analysis is modest. Nonetheless we report findings indicating that risk-related disclosures are inadequate, lack transparency, and compound the difficulty of assessing the risk profile of a company. We contend that recent regulation initiatives have been of dubious effectiveness in improving the quality of risk information disclosed. In respect of the Portuguese context, we find that companies disclose risk-related information principally to reduce agency costs and to enhance corporate reputation. We contend that enhanced corporate accountability would be more likely to ensue if further disclosures of relevant risk-related information were mandated. One mechanism to do so would be through regulations recommended by the International Integrated Reporting Committee (IIRC).

Enhancing Corporate Accountability for Human Rights Violations: Is Extraterritoriality the Magic Potion?

The United Nations Guiding Principles on Business and Human Rights, resulting from the work of John Ruggie and his team, largely depend on state action and corporate good will for their implementation. One increasingly popular way for states to prevent and redress violations of human rights committed by companies outside their country of registration is to adopt measures with extraterritorial implications, some of which are presented in the article, or to assert direct extraterritorial jurisdiction in specific instances. Some United Nations human rights bodies and non-governmental organisations are clearly supporting the use of extraterritoriality and have argued that international human rights law places an obligation on states to embrace extraterritoriality so as to better control the activities of companies registered on their territories. In this context, the article aims to determine whether extraterritoriality is the magic potion that will help enhance corporate accountability for human rights violations committed overseas. The article explores whether such obligation exists and, beyond this, whether extraterritoriality should be further encouraged.

Enhancing Corporate Accountability under the Criminal Code through Enforcing Corporate Social Responsibility

Domestic and international legislation and jurisprudence continues to recognize the prominent role that corporations play in, and the significant impact they have on, contemporary society. As a result, in Canada, corporations are subject to multifarious regulation and penalties for noncompliance, which traditionally result in substantial fines against corporate entities and, more rarely, piercing of the corporate veil to impose individual liability. However, it is widely recognized that those directly responsible for the offending behaviour often go unpunished, or that the fines and punishment are simply the cost of doing business. This approach to sentencing is of limited effect in curbing recidivism and promoting respect for the law and the maintenance of a just and safe society. In this paper, I seek to draw attention to and expand on the paucity of legal scholarship and jurisprudence considering whether greater emphasis on rehabilitation and corrective sentencing for corporate offenders under the Criminal Code would be more consistent with the legislated objectives of sentencing and good corporative citizenship. Ultimately, I take the position that a more principled approach to sentencing, which would utilize, for example, the existing probation and policy-making powers where appropriate, would result in more meaningful sentencing process and effective sanctions to combat corporate accountability and achieve corporate social responsibility in greater accord with the public interest. Part one of the paper outlines the purpose and objectives of sentencing under the Criminal Code of Canada and examines why a narrow approach of deterrence is not effective in achieving corporate accountability. Part two explains the concept of CSR and how it accords with the sentencing objectives and considerations for corporate offenders. Finally, part three provides practical examples of how CSR principles have and can be employed by courts to more effectively achieve corporate accountability.

Social and environmental report assurance: Some interview evidence

The steady growth of social and environmental reporting (SER) is being accompanied by an increase in social and environmental reporting assurance (SERA). The existing literature on SERA suggests that it is necessary to build credibility and trust among corporate stakeholders. Prior work has also found evidence of managerial and professional capture of SERA. In this paper, we present empirical evidence from interviews with corporate social responsibility representatives from 20 UK listed companies on whether they consider SERA to be necessary. We believe this to be the first research into SERA that uses an interview method. Our interviews revealed mixed feelings. Half of the respondents believed that external SERA would enhance credibility and trust which confirmed the prior literature. However, the other half believed that external SERA was not necessary, believing that internal assurance was sufficient. This was because they saw SERA as predominantly a managerial tool, useful for checking the efficiency of internal management control systems, rather than as a mechanism for enhancing corporate accountability to stakeholders and building credibility and trust. The potential for SERA to be a mechanism whereby greater dialogue is created between companies and their stakeholders on social and environmental issues is not being harnessed. This paper thus demonstrates a fundamental difference between the external prior normative literature and the managerial motivation in the SERA area.