LOCATION4th Floor
Call No. K1322 .A96 2011
Author Amao, Olufemi.
Title Corporate social responsibility, human rights, and the law : multinational corporations in developing countries / Olufemi Amao.
Location Volume/Copy Barcode Status
 4th Floor  K1322 .A96 2011    3500501350771.  
 Forewordxi
 Table of casesxiii
 Acknowledgementsxx
 List of abbreviationsxxi
 Introduction1
1.Multinational corporations, states and international regulation: historical background6
 Introduction 6 
 What are "multinational corporations"'?6
 Multinational corporations and states8
 Explaining the relationship between the states of the North and MNCs: the mercantilist origin of the multinational corporation8
 Corporations and the transatlantic slave trade10
 Corporate colonialism12
 Multinational corporations in the Second World War17
 Multinational corporations and the nascent states of the South after independence: changing roles20
 Summary22
2.Major attempts at the international level to control multinational corporations23
 MNCs and international law23
 International human rights instruments25
 International institutions28
 The special representative of the secretary general on the issue of human rights and transnational corporations and other business enterprises44
 Developments in international environmental law: a brief discussion49
 Summary54
3.Corporate social responsibility and its relationship to law55
 Introduction55
 Evolution of the CSR concept55
 The emergence of CSR in the United States56
 CSR in the United Kingdom61
 CSR in Europe61
 CSR in the context of developing countries66
 Defining CSR67
 CSR and the law: how should the law respond to the CSR concept?70
 CSR and the law: perspectives74
 Theoretical justification for CSR77
 Understanding the emerging responsibilities of modern corporations: a social contract approach80
 What questions does CSR raise for law?81
 The shortcomings in the understanding of the nature of the corporation by ethicists and philosophers and the problem of ascribing morality to the corporation83
 The modern corporation and legal theories87
 How are corporations conceived of today?94
 The autonomy of the corporation95
 The social contract as justification for CSR97
 The social contract: Donaldson's approach98
 Criticisms of Donaldson's analysis100
 The social contract, morality and corporations: a different approach101
 The social contract, the law and international human rights law106
 Summary109
4.Legal and institutional framework and the control of multinationals in developing countries with a focus on Nigeria110
 MNCs and CSR in Nigeria111
 Colonial administration and the oil industry112
 Legal developments after Nigeria's independence and the indigenisation policy: a synopsis113
 The Nigerian context in modern times116
 Nigerian company law and the control of MNCs118
 Domestic tort law and MNCs129
 MNCs and human rights in Nigeria132
 The criminal liability of corporations under Nigerian law141
 Workers'protection and MNCs142
 MNCs and anti-corruption laws147
 Controlling MNCs under host state law: possibilities in Nigeria152
 Some suggestions for reform in Nigeria163
 Other areas166
 Recent development: the Nigerian Corporate Social Responsibility Bill 2008167
 Summary169
5.Regional human rights system and multinational corporations: the case of the African regional human rights system170
 Introduction170
 State responsibility in context: state responsibility for human rights violations by private actors under international law171
 The African regional human lights system177
 The African Charter on Human and Peoples' Rights and Private Parties/MNCs179
 The African Commission on Human and Peoples' Rights, the African Charter and multinational corporations181
 The African Court on Human and Peoples' Rights (ACrtHPR)195
 The African Court of Justice and Human Rights: potential implications200
 The African Union Convention on Preventing and Combating Corruption and MNCs202
 Summary206
6.The European Union and corporate responsibility in vulnerable states207
 Introduction207
 The European Union, human rights and CSR207
 The EU and developing countries208
 CSR as a strategy within Europe and its external dimensions209
 Trade and human rights215
 Can the EU pursue human rights objectives in its trade arrangements in view of World Trade Organization's rules?216
 The EU, trade agreements and human rights225
 The significance of human rights clauses227
 Human rights clauses as a strategy in EUExternal relations227
 EU competence to include human rights clauses in international agreements228
 The example of the ACP--EU agreements: legal issues231
 ACP and the EU233
 Tite application of the human rights clauses and multinational corporations240
 Economic Partnership Agreements and human rights clauses242
 Summary248
7.Judicial process as a means of promoting corporate responsibility abroad: extraterritoriality249
 The concept of extraterritoriality249
 The possibility of judicial oversight of MNCs in the EU259
 Summary273
8.The foundation for a global company law for multinational corporations: the complementary role at the international level274
 MNCs and domestic company law paradigm274
 Delineating regulatory space at the international level276
 Corporate autonomy: Hansmann and Kraakman, and Iwai's propositions and Backer's analysis276
 The Norms: a disguise for an "international company law"?279
 The Norms and the regulatory space at the international level279
 An innovative framework for regulating the global corporations: a proposal282
 Summary 285 
 Conclusions286
 Selected bibliography288
 Index291
Published Milton Park, Abingdon, Oxon ; New York : Routledge, 2011.
Description xxiii, 300 p. ; 24 cm.
Series Routledge research in corporate law
Routledge research in corporate law.
Summary "The control of multinational corporations is an area of law that has attracted immense attention both at national and international level. In recognition of the importance of the subject matter, the United Nations Secretary General has appointed a special representative to work in this area. The book discusses the current trend by MNCs to self regulate by employing voluntary corporate social responsibility (CSR) strategy. Olufemi Amao argues that the CSR concept is insufficient to deal with externalities emanating from MNCs' operations, including human rights violations. Amao maintains that for CSR to be effective, the law must engage with the concept. In particular, he examines how the law can be employed to achieve this goal. While noting that the control of MNCs involves regulation at the international level, it is argued that more emphasis needs to be placed on possibilities at home, in States and host States where there are stronger bases for the control of corporations. This book will be useful to academic scholars, students, policy makers in developing countries, UN, UN Agencies, the African Union and its agencies, the European Union and its agencies and other international policy makers"-- Provided by publisher.
Bibliography Includes bibliographical references (p. [288]-290) and index.
Contents Multinational corporations, states and international regulation : historical background -- Major attempts at the international level to control multinational corporations -- Corporate social responsibility and its relationship to law -- Legal and institutional framework and the control of multinationals in developing countries with a focus on Nigeria -- Regional human rights system and multinational corporations : the case of the African regional human rights system -- The European Union and corporate responsibility in vulnerable states -- Judicial process as a means of promoting corporate responsibility abroad : extraterritoriality -- The foundation for a global company law for multinational corporations : the complimentary role at the international level.
Subject International business enterprises -- Law and legislation -- Developing countries.
Corporate governance -- Law and legislation -- Social aspects.
Social responsibility of business -- Developing countries.
ISBN 9780415597852 (hardback)
0415597854 (hardback)
9780203815557 (ebk)
0203815556 (ebk)
OCLC No. or Control No. 642845723