A global regulatory framework

Home Up Contents Status of business and consumer rights  ] New way of doing business  ] Guidelines and criteria for projects  ] A global regulatory framework  ] Corporate social responsibility  ] Code of conduct for corporations  ] Business responsibility for sustainable development  ] Preventive actions against polluters  ] Corporate accountability  ] Projects and programs  ]

There is a need for international standards on labour and environment to be supported by intergovernmental agreements—as are property rights, tax liability and competition rules (however imperfectly). Reliance on the presumed effect on asset (brand) value of consumer awareness of production conditions in developing countries is not sufficient.


A better approach would be a multilateral definition of the obligations of international firms that is explicitly linked to the guarantee of property rights. These obligations might reasonably include international taxation, competition rules and stakeholder issues such as employment conditions and environmental protection.

In a democratic market-based society, investors have legally enforceable rights but must also obey laws designed to protect workers, consumers and the environment. Competition regulations are designed to counter market power and business taxes ensure the provision of public goods.

The Global Community proposes to institutionalize a global regulatory framework for capitals and corporations that emphasizes global corporate ethics, corporate social responsibility, protection of human and Earth rights, the environment, community and family aspects, safe working conditions, fair wages and sustainable consumption aspects, and getting ride of corruption in all its forms, including extortion and bribery.

There is a broad range of regulatory initiatives that relate to the social, environmental and human rights responsibilities and regulation of transnationals corporations (TNCs). This project contains three main sections:

A)     industry self-regulation (such as the Business Charter for Sustainable Development and the Responsible Care Ethic and Codes of Practice)

B)     multilateral regulation (which discusses major UN and ILO conventions amongst others that have impacts upon big business)

C)     civil regulation (initiatives such as The Forest Stewardship Council and SA8000).

This project is useful to anyone involved or interested in issues of corporate responsibility and regulation. While new initiatives are proposed every day, this Resource Guide gives a comprehensive overview of the main types of corporate regulation to date. 

Thinking and policy on corporate regulation have been in flux during recent decades. Whereas the neoliberal discourse of the 1980s emphasized deregulation and corporate rights, the corporate social responsibility agenda of the 1990s stressed corporate self-regulation and voluntary initiatives involving, for example, codes of conduct, improvements in occupational health and safety, environmental management systems, social and environmental reporting, support for community projects and philanthropy. As the limits of self-regulation became apparent, and as the regulatory capacity or willingness of developing country governments, international bodies and trade unions continued to decline, alternative regulatory approaches have emerged. These have centred on coregulation, in which a combination of government, multilateral, civil society and business interests engage in public-private partnerships and multistakeholder initiatives associated with standard setting, reporting, monitoring, auditing and certification. More recently there have been increasing calls for corporate accountability and a renewed interest in international regulation of transnational corporations. From the perspective of development and good governance, how effective are these different approaches?

This project explores the existing arrangements for multilateral regulation of large firms, and makes the case for balancing strengthened global corporate property rights with more explicit and enforceable social obligations. In a democratic market-based society, investors have legally enforceable rights but must also obey laws designed to protect workers, consumers and the environment. Competition regulations are designed to counter market power and business taxes ensure the provision of public goods. Strengthened multilateral co-operation in three related areas—investment, tax and competition—is under way. Although progress is slow and contested, the distinct interests of host and home countries are clear and the "development dimension" is broadly recognized. In marked contrast, corporate conduct on labour and environmental issues is still almost exclusively regulated at the national level. Moreover, external standards of international corporate responsibility in developing countries are set by voluntary initiatives, with market incentives rather than legal requirements constituting the basis for compliance.

Codes of conduct and other voluntary initiatives, however, have two weaknesses. First, to avoid the "free rider" problem, they should cover the entire sector, which would require an element of compulsion. Second, there must exist some plausible penalty for breaking rules—these can only be applied by governments or by legislation that empowers civil organizations, such as trade associations, to apply such penalties. In other words, if they are to be effective there is a need for international standards on labour and environment to be supported by intergovernmental agreements—as are property rights, tax liability and competition rules (however imperfectly). Reliance on the presumed effect on asset (brand) value of consumer awareness of production conditions in developing countries is not sufficient.

A better approach would be a multilateral definition of the obligations of international firms that is explicitly linked to the guarantee of property rights. These obligations might reasonably include international taxation, competition rules and stakeholder issues such as employment conditions and environmental protection. The ongoing process of regional integration—particularly in Europe—could present an opportunity for such a definition.

It is clearly incorrect to regard large international firms as effectively "unbridled". There already exist strong measures between OECD countries to regulate these firms in the fields of investment rights, tax burdens and competition rules. The problem is that these systems have not yet been extended to cover developing countries in a way that supports development. There is therefore an urgent need to define what a desirable regulatory regime might look like from the point of view of both middle-income and low-income developing countries.

 

 

 

 

 

Back to top of page

 

 

Global governance ] Reforming the United Nations ] Global ministries ] Earth security ] Global Community Assessment Centre ] Greenhouse gas emissions ] Global warming ] Climate change adaptation ] Global response to events ] Global co-operation ] Models of global governance ] Restoration of the planet, our home ] Universal health care ] Employment for every global citizen ] Education for all global citizens ] Drinking water, clean air and food for all ] Eradicating poverty ] Earth environmental governance ] Our overpopulated planet ] Global economy and trade ] Earth Court of Justice ] Corporate social responsibility ] [ A global regulatory framework ] Mgmt of world financial institutions ] New way of doing business ] Global tax ] Settling of disputes between nations ] Abolition of weapons of mass destruction ] Management of Earth resources ] Global warning systems ] Preventive actions against  polluters ] Agriculture and needs of the G. C. ] Cattle and beef industry ] Forest industry and paper manufacturing ] Profit-based conservation strategies ] Cities: power, rights and responsibilities ] Projects and programs ] Code of conduct for corporations ] Media ownership and global regulation ] Corporate accountability ] Crude oil future ] Fossil fuels ] Alternative energy ] Genetically modified foods ]

 

 

 

Back to top of page

Send email to gdufour@globalcommunitywebnet.com with questions or comments about this web site.


Copyright © 2004 Global Community WebNet Ltd.