Responsabilidad social de las empresas transnacionales: análisis crítico y prospectiva jurídica

Abstract

Corporate social responsibility developed in the specific context of economic globalisation, within a legal framework that had failed to adapt to the changing situation. Although they are sometimes much more powerful than States, transnational companies have no legal personality, nor any legal obligation to protect human rights at work. To remedy this legal anomaly, several international institutions have adopted soft law instruments, which have, however, significant limitations due to their type, scope of application, and legal impact. In this economic and legal context, CSR may be considered to provide a response to the lack of legal regulation on human rights, applicable to transnational companies. Analysis revealed that, contrary to expectations, the transnational self-regulation norms created by enterprises under the heading of CSR emphasised the desperate need of a legal framework for transnational companies. The soft law on which corporate social responsibility is based not only expresses the international community's awareness of the need for legal regulation of globalised businesses, but also offers a new field for legal regulation to explore. CSR is thus, quite clearly, a propitious area for legal innovation in a context of economic globalisation.