Privatization and the law of the future By Marieke Klompe, 24 June 2011
Nov 21, 2014
Privatization and the law of the future
By Marieke Klompe, 24 June 2011
Faculty of Law
Outline
• Defining the trend of privatization
• Forms of Corporate Social Responsibility
• Conclusion
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Definition
• Privatization of law
• Corporate Social Responsibility
• Codes of conduct and soft law
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Trend: privatization
• Business
• Development of role of private actors?
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Why is this a trend?
• Increase social media
• More involvement of the public
• More pressure of the public
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Why is this a trend? More Pressure!
• Moral character
• See beyond own wishes
• If not; social media; more pressure
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What happens judicial?
- No good judicial system
- uncertainty: - Who can sue? - At which court? - On what ground – law? - Costs?
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Solutions CSR
• Codes of Conduct • Soft law
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Codes of Conduct
• Made by multinationals • Companies’ policy statements• Voluntary • Credibility – inform the public • Who is going to monitor?
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Codes of Conduct
• More harmonized
• Credibility -> feel pressure
• General Codes of Conduct (ILO – OECD – UN – UNNCTAD)
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Codes of Conduct – future
• Increase codes of conduct
• More institutions and general codes of conduct (for each sector) – Control mechanism – Infringe code? Pressure!
• So: harmonization
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Soft Law
• Not binding• Performs important functions• Overcome deadlocks • Can be made into hard law • Set up institutions for infringements • So: just a phase
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THANK YOU FOR YOUR ATTENTION