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Question: What is the role of disclosure requirements in regulating corporate social responsibility? Critically discuss the strengths and limitations of the current disclosure landscape.

03 Apr 2023,5:01 PM

 

What is the role of disclosure requirements in regulating corporate social responsibility? Critically discuss the strengths and limitations of the current disclosure landscape.

In lectures 8 and 9, we will focus on the following:

  • Corporate Social Responsibility
  • Business and Human Rights
  • Sustainability
  • Future Directions

 

Reading: 

 

Surya, D. E. V. A., Anita Ramasastry, Florian Wettstein, and Michael Santoro, "Business and Human Rights Scholarship: Past Trends and Future Directions" Business and Human Rights Journal 4, no. 2 (2019): 201-212.

 

Choudhury, B. (2018). ‘Balancing soft and hard law for business and human rights’ International & Comparative Law Quarterly, 67(4), 961-986.

 

O. Martin-Ortega and J. Hoekstra, ‘Reporting as a Means to Protect and Promote Human Rights? The EU Non-Financial Reporting Directive’ (2019) 44 European Law Review 622.

 

Further Reading

 

Arnold, D.G., ‘Corporations and Human Rights Obligations’ (2016) 1(2) Business and Human Rights Journal 255.

 

Buhmann, K., ‘Corporate Social Responsibility: What Role for Law? Some Aspects of Law and CSR’ (2006) Corporate Governance 188.

 

Carroll, A. B., ‘A three-dimensional conceptual model of corporate performance’ (1979) 4 Academy of Management Review 497.

 

Carroll, A. B., ‘Corporate Social Responsibility: Evolution of a Definitional Construct’ (1999) 38 Business & Society 268.

 

Carroll, A. B., ‘The pyramid of corporate social responsibility: Toward the moral management of organizational stakeholders’ (1991) 34 Business Horizons 39.

 

Kinley, D. and Tadaki, J., ‘From Talk to Walk: The Emergence of Human Rights Responsibilities for Corporations at International Law’ (2004) 44 Virginia Journal of International Law 831.

 

McCorquodale, R. et al. ‘Human Rights Due Diligence in Law and Practice: Good Practices and Challenges for Business Enterprises’ (2017) 2(2) Business and Human Rights Journal 19.

 

Banerjee, Subhabrata Bobby. "Corporate social responsibility: The good, the bad and the ugly." Critical Sociology 34.1 (2008): 51-79.

Buhmann, K., Jonsson, J., & Fisker, M. (2019). Do no harm and do more good too: Connecting the SDGs with business and human rights and political CSR theory. Corporate Governance: The International Journal of Business in Society.

 

Schönherr, N., Findler, F., & Martinuzzi, A. (2017). Exploring the interface of CSR and the Sustainable Development Goals. Transnational Corporations, 24(3), 33-47.

 

Jones, B., & Nisbet, P. (2011). Shareholder value versus stakeholder values: CSR and financialization in global food firms. Socio-Economic Review, 9(2), 287-314, available at https://www.researchgate.net/profile/Bryn_Jones5/publication/274520117_Shareholder_value_versus_stakeholder_values_CSR_and_financialization_in_global_food_firms/links/58a1ace6aca272046aafb0b0/Shareholder-value-versus-stakeholder-values-CSR-and-financialization-in-global-food-firms.pdf

 

Sharma, J. P., & Khanna, S. (2014). Corporate social responsibility, corporate governance and sustainability: Synergies and inter-relationships Indian Journal of Corporate Governance, 7(1), 14-38.

 

Toft, K. H. (2020) ‘Climate Change as a Business and Human Rights Issue: A Proposal for a Moral Typology’ Business and Human Rights Journal, 5(1), 1-27.

 

A. Johnston, R. Belinga and B. Segrestin ‘Governing institutional investor engagement: from activism to stewardship to custodianship?’ (2021) Journal of Corporate Law Studies, DOI: 10.1080/14735970.2021.1965338

 

Nina Boeger, ‘Sustainable Corporate Governance: Trimming or Sowing?’ in Pieraccini and Novitz (eds) Legal Perspectives on Sustainability (2020, Bristol University Press)  (pp. 101-124)

 

T. Iqbal, “The Efficacy of the Disclosure Requirement under Section 54 of the Modern Slavery Act” (2018) 39 Company Lawyer 3.

 

T. Iqbal and A. Keay, “An Evaluation of Sustainability in Large British Companies” (2019) Common Law World Review. doi: 10.1177/1473779519839611.

Expert answer

In recent years, corporate social responsibility (CSR) has emerged as an important concept in the business world, which refers to a company's obligation to act in the interest of society as a whole. The focus on CSR has been driven by a growing recognition of the impact that businesses have on society and the environment, and the need for companies to be accountable for their actions. Disclosure requirements play a critical role in regulating CSR as they provide information to stakeholders about a company's social and environmental performance. This paper critically discusses the strengths and limitations of the current disclosure landscape in regulating CSR, based on insights from scholarly sources.

Disclosure Requirements and CSR

Disclosure requirements refer to the legal obligations of companies to provide information to stakeholders, including investors, employees, customers, and the wider public, about their social and environmental performance. Disclosure can take various forms, including financial reporting, sustainability reporting, and voluntary reporting. The purpose of disclosure is to enhance transparency and accountability, and to enable stakeholders to make informed decisions about the company's performance and future prospects.

In the context of CSR, disclosure requirements are crucial as they enable stakeholders to assess the company's impact on society and the environment, and to hold the company accountable for its actions. For example, sustainability reporting enables companies to report on their environmental performance, such as greenhouse gas emissions, water use, and waste generation, as well as their social performance, such as labor practices, human rights, and community engagement. This information can be used by stakeholders to evaluate the company's overall sustainability performance and to compare it with other companies in the same industry.

The strengths of Disclosure Requirements in Regulating CSR

Disclosure requirements have several strengths in regulating CSR. Firstly, they provide a mechanism for companies to demonstrate their commitment to CSR. By disclosing their social and environmental performance, companies can signal to stakeholders that they take CSR seriously and are willing to be held accountable for their actions. This can enhance the company's reputation and build trust with stakeholders, which can have positive effects on the company's financial performance.

Secondly, disclosure requirements can facilitate dialogue and engagement between companies and their stakeholders. By providing information about their social and environmental performance, companies can invite feedback and input from stakeholders, which can inform the company's decision-making and improve its CSR performance. For example, a company may receive feedback from stakeholders on its labor practices, which can prompt the company to improve its policies and practices in this area.

Thirdly, disclosure requirements can enhance the comparability and benchmarking of companies' CSR performance. By providing standardized information about their social and environmental performance, companies can be compared and benchmarked against each other, enabling stakeholders to identify leaders and laggards in the industry. This can incentivize companies to improve their CSR performance in order to remain competitive and attract investment.

The limitations of Disclosure Requirements in Regulating CSR

Despite the strengths of disclosure requirements in regulating CSR, there are also several limitations that need to be addressed. Firstly, disclosure requirements may not be sufficient to ensure that companies are acting in the interest of society and the environment. Companies may comply with disclosure requirements without making substantive changes to their policies and practices, or may use disclosure as a means of greenwashing, i.e. making their social and environmental performance appear better than it actually is. This can mislead stakeholders and undermine the credibility of CSR reporting.

Secondly, disclosure requirements may not capture all aspects of a company's social and environmental performance. For example, a company may disclose its greenhouse gas emissions, but not its water use or waste generation, which are also important environmental impacts. Similarly, a company may disclose its policies on human rights, but not its actual practices, which can differ significantly. This can limit the ability of stakeholders to evaluate the company's overall CSR performance.

Thirdly, disclosure requirements may be subject to voluntary compliance, which can

limit their effectiveness. Although some disclosure requirements are legally mandated, many are voluntary, which means that companies can choose whether or not to disclose certain information. This can result in incomplete or inconsistent reporting, as companies may choose to disclose only favorable information or may omit information that is unfavorable or controversial. Moreover, even when disclosure is mandatory, enforcement and monitoring of compliance can be weak, which can limit the effectiveness of disclosure requirements in regulating CSR.

Fourthly, disclosure requirements can impose significant costs on companies, particularly small and medium-sized enterprises (SMEs), which may not have the resources or expertise to prepare and report on their social and environmental performance. This can create a barrier to entry for SMEs, which can limit competition and innovation in the industry. Moreover, the costs of preparing and reporting on CSR performance can divert resources away from other important activities, such as research and development, marketing, and employee training.

Lastly, disclosure requirements may not adequately address the needs and interests of all stakeholders. For example, investors may prioritize financial performance over social and environmental performance, and may not use CSR reporting as a basis for investment decisions. Similarly, customers may be more interested in the price and quality of products than in the social and environmental performance of the company that produces them. This can limit the effectiveness of disclosure requirements in promoting CSR, as companies may not see a financial incentive to invest in CSR.

Conclusion

Disclosure requirements play a critical role in regulating corporate social responsibility by providing information to stakeholders about a company's social and environmental performance. The strengths of disclosure requirements include enhancing transparency, facilitating dialogue and engagement, and improving comparability and benchmarking of CSR performance. However, the limitations of disclosure requirements include the potential for greenwashing, incomplete reporting, voluntary compliance, high costs for SMEs, and limited stakeholder interest in CSR. To address these limitations, there is a need for stronger regulation and enforcement of disclosure requirements, standardization and harmonization of reporting frameworks, increased stakeholder engagement and awareness, and incentives for companies to invest in CSR. By addressing these challenges, disclosure requirements can play an important role in promoting sustainable and responsible business practices.

 

 

References:

  1. Gray, R. H., Kouhy, R., & Lavers, S. (1995). Corporate social and environmental reporting: A review of the literature and a longitudinal study of UK disclosure. Accounting, Auditing & Accountability Journal, 8(2), 47-77.

  2. Kolk, A. (2008). Sustainability, accountability and corporate governance: exploring multinationals' reporting practices. Business Strategy and the Environment, 17(1), 1-15.

  3. Larrinaga-González, C., & Bebbington, J. (2001). Accounting change or institutional appropriation? A case study of the implementation of environmental accounting. Critical Perspectives on Accounting, 12(3), 269-292.

  4. Lyon, T. P., & Maxwell, J. W. (2011). Greenwash: Corporate environmental disclosure under threat of audit. Journal of Economics & Management Strategy, 20(1), 3-41.

  5. Schreck, P. (2015). Corporate social responsibility and corporate governance: An analysis of the literature. Journal of Business Ethics, 126(2), 251-269.

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