Abstract
Corporate Social Responsibility (CSR) has the potential to have a significant impact on the conduct of global business. Much has changed since Milton Friedman made the famous and oft-quoted statement that ‘there is one and only one social responsibility of business—to use its resources and engage in activities designed to increase its profits’ (Friedman 1962). The exponential growth of international trade and business activity, and greater awareness of the impact of corporate behaviour on all aspects of society, has led to an increased global focus on CSR. CSR is not always easy to define, but it is generally based on the notion that corporations should act ethically and aim to do good beyond the minimum requirements of the law (Zerk 2006). The concept of CSR has become a common catch-phrase in recent years. Many businesses now wish to be seen to act in a socially responsible manner and there are increased numbers of interested stakeholders seeking information about corporate activities and the opportunity to influence business practices. Two CSR issues of great significance to business are the public disclosure and reporting of issues that impact on CSR (CSR reporting) and the relationship between CSR and directors’ duties, due to the impact that it can have on the corporate decision making process. The issues of CSR reporting and CSR and directors’ duties have received prominent attention in Australia in recent times, largely due to public inquiries and reviews addressing the role of CSR in business and the possibility of legislating for CSR. This chapter will review the position in Australia in relation to CSR in this context, looking at the manner in which these issues have been dealt with, for the purpose of offering an example for those in other jurisdictions to consider. Since CSR issues impact and affect businesses internationally, these topics are of global relevance, particularly due to the global reach of transnational corporations.
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References
American Law Institute. (2001). Principles of corporate Governance: Analysis and recommendations. Philadelphia: American Law Institute-American Bar Association, s2.01.
Australian Securities Exchange Corporate Governance Council. (2003–2010). Corporate Governance principles and recommendations. Australian stock exchange listing rules.
Austin, R. P., & Ramsay, I. M. (2010). Ford’s principles of corporations law (14th ed.). London: Lexis Nexis Butterworths.
Baxt, B. (2000). Avoiding the rising floods of criticism: Do directors of certain companies owe a duty to the community?” Company Director 16, 42.
Bubna-Litic, K. (2007). Climate change and corporate social responsibility: The intersection of corporate and environmental law. Environmental and Planning Law Journal 24, 253.
Commonwealth of Australia, HIH Royal Commission. (2003). The failure of HIH insurance.
Corporations Act. (2001). (Cth). Australia.
Corporations and Markets Advisory Committee. (2006). The social responsibility of corporations. Sydney: Corporations and Markets Advisory Committee.
De Schutter, O. (2005). The accountability of multinationals for human rights violations in European law. In P. Alston (Ed.), Non State Actors and Human Rights. Oxford: Oxford University Press.
Elkington, J. (1997). Cannibal with forks: The triple bottom line of 21st Century business. Chichester: Capstone Publishing Limited.
Friedman, M. (1962). Capitalism and freedom. Chicago: University of Chicago Press.
German Stock Corporation Act (Atkiengesetz). (2010) The German Co-Determination Act (Mibestimmungsgesetz) and the German Corporate Governance Code (Deutscher Corporate Governance Kodex).
Horrigan, B. (2002). Fault lines in the intersection between corporate Governance and social responsibility. University of New South Wales Law Journal, 25, 515.
Klein, E., & du Plessis, J. J. (2005). Corporate donations, the best interest of the company and the proper purpose doctrine. University of New South Wales Law Journal, 28, 69.
KPMG. (2011). International survey of corporate responsibility reporting. Amsterdam: KPMG International.
Lumsden, A., & Fridman, S. (2007). Corporate social responsibility: The case for a self-regulatory model. Company and Securities Law Journal, 25, 147.
Lyster, R. (2007) Chasing down the climate change footprint of the private and public sectors: Forces converge. Environmental and Planning Law Journal, 24, 281.
Orts, E. W. (1992). Beyond shareholders: Interpreting corporate constituency statues. George Washington Law Review, 61, 14.
Parliamentary Joint Committee. (2006). Corporate responsibility: Managing risk and creating value. Canberra: Senate Printing Unit.
Sarre, R. (2002). Responding to corporate collapses: Is there a role for corporate social responsibility?” Deakin Law Review, 7, 1.
Wilson, M. (2003). Corporate sustainability: What is it and where does it come from? Ivey Business Journal, March-April, 1–5.
Zerk, J. (2006). Multinationals and corporate social responsibility. Cambridge: Cambridge University Press.
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Overland, J. (2014). Corporate Social Responsibility Reporting and Directors’ Duties: The Australian Experience. In: Yüksel Mermod, A., O.Idowu, S. (eds) Corporate Social Responsibility in the Global Business World. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-37620-7_7
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DOI: https://doi.org/10.1007/978-3-642-37620-7_7
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