Melbourne Law School The Melbourne Law Masters

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Subjects 2009


Corporate Social Responsibility and the Law 732708

Objectives

A student who has successfully completed this subject should:

  • Achieve a general knowledge of debates concerning the nature and function of Corporate Social Responsibility (CSR) whereby corporations are increasingly seeking to demonstrate their concern for a range of matters such as the environment and respect for human rights and labour standards
  • Understand the relationship between CSR and the law
  • Understand how CSR mechanisms operate as forms of regulation both in a domestic context and on a transnational basis
  • Appreciate the potential role of legal advisers in promoting CSR as an aspect of lawyers’ ethics.
Syllabus

Principal topics are likely to include:

  • CSR debates and the relevance of law, with a focus on environment and labour standards
  • CSR against the law? Directors’ duties under Australian corporate law and CSR
  • Regulating for CSR:
    • Use of corporate law to achieve CSR aims (disclosure requirements, ethical investment, shareholder activism under corporate law)
    • Law and indirect government regulation for CSR domestically and transnationally – a case study of public finance, public procurement and CSR
    • The various forms of ‘soft law’ that are a source of CSR norms, including monitoring and enforcement of international and domestic voluntary CSR and multi-stakeholder arrangements such as the OECD Guidelines for Multinational Enterprises and the National Contact Point, the UN Global Compact and Corporate Codes of Conduct
  • The role of the corporate lawyer – legal ethics and CSR.