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Can norms regulating businessimpact on society may be developed through public-private regulation? Whenenforcement institutions are weak, a rule’s effectiveness may depend on‘compliance pull’ that may be enhanced by legitimacy. Looking at United Nationsand EU cases of co-regulation of CSR, this work explores conditions for effectivenessand legitimacy for both process and output.
A pragmatic combination oflegal and discourse theory and theory on legitimate law-making is adopted toanalyse the construction of CSR normativity and discuss prospects. The analysisis based on four cases: the UN Global Compact; the development of the UN ’ Protect, Respect and Remedy ’ Frameworkon Business and Human Rights (‘the Ruggie Framework’); the EU MultistakeholderForum on CSR; and the EU's CSR Alliance. All are approached as reflexive lawand analysed as to strategies and results for norms on CSR and business impacton human rights. Reflexive law theory’s gap as to handling power disparitiesbetween participants is found to call for proceduralisation to equalizeparticipation. This may enhance legitimacy for the purpose of process andoutput effectiveness and a compliance pull.
The thesis offers new insight through its combination of reflexive lawand discourse theory to frame the analysis, exploration of negotiationstrategies on CSR normativity, and recommendations of strategy,proceduralisation and processes for broad stakeholder participation (includingthrough IT) for developing norms in the sustainability field.
This Post-Doc. thesis has been accepted byRoskilde University for defense for the degree Dr.Scient.Adm.