The social responsibility of corporations has become a topical issue. This is particularly so in relation to the ways and means of achieving harmony and congruency with social expectations. With the growing importance that corporations now place on meeting contemporary demands for extra-commercial engagement placed on them by society, regulating corporate activity in this area has come under intense public and legal scrutiny. In what can be described as a departure from the norm, the use of legislation to mandate and govern corporate social responsibility (CSR) is becoming increasingly perceived as an effective regulatory method in emerging economies. India, Mauritius, Indonesia and the Philippines have adopted legislation with regard to CSR. In Nigeria, however, several attempts at legislating on CSR have failed. This study shows that a multiplicity of factors is responsible for this development. This thesis posits that while the adoption of international CSR standards is encouraged through various international activities, only an autochthonous approach which recognises the peculiarities of the Nigerian state can promote the desired legislative objective on mandating CSR. This study explores the prospects of mandating CSR by legislation in Nigeria and suggests reforms deemed necessary for achieving the objective of mandatory CSR.

This thesis uses document analysis and semi-structured personal interviews to look at current strategies and policies of major companies to manage the life cycle environmental risks associated with their products and processes, which I refer to as corporate environmental responsibility (CER); The thesis also explores what some national governments are and could be doing to encourage greater environmental responsibility from companies. As environmentalists and climate scientists have been warning for decades, and now world leaders are coming to realise, the world faces serious environmental challenges, none more urgent than climate change. A failure to act to mitigate the risks associated with this one challenge, as Stern (2006, pii) asserts �could create risks of major disruptions to economic and social activity�. A major proportion of the world�s environmental problems can be attributed directly to production, use and disposal of products (Tukker & Jansen, 2006), and as this thesis will argue, national government policies to encourage or force greater environmental responsibility from producers are required to reduce risks and mitigate impacts. In recent decades national governments have been reluctant to intervene in the market place, preferring to rely on voluntary mechanisms, but as will be discussed in greater detail, there is now an increasingly critical voice (Zarsky, Roht-Ariaza & Brottem, 2002; Hirschland, 2003; Archer & Piper, 2003; Vogel 2005; Hay et al, 2005) that questions the effectiveness of voluntary corporate responsibility as it is currently practiced, which subsequently raises the question: what role national governments, and international governance should take? The primary data sources for this thesis are personal interviews with senior business leaders from 25 major companies, recorded public speeches, both web and non-web based corporate public relations material, and personal interviews with key academics in the field, environmentalists and corporate analysts, conducted mainly between 2002 and 2004. The analysis of this data has sought to investigate the attitudes of major companies to: - corporate environmental responsibility, though some interrelated aspects of social responsibility are also considered; - what drives them to take greater responsibility to reduce their environmental risks; - government policies, especially possible legislation to encourage and/or force CER. In addition through case studies of: - one industry sector - two major companies, and - one industry sector pilot study; as well as secondary research on several other companies, this thesis investigates what some companies are saying and doing about corporate environmental responsibility. This will lead to a short discussion of the degree to which these companies� rhetoric of responsibility matches their actions � that is how much they are �walking the talk�. The thesis also looks at the current potential of national governments in encouraging and/or forcing greater CER, then contrasts the development and implementation of national policies for CER in Australia with those in Europe, focussing on CER as it relates to products in the electrical and electronics industry. The thesis concludes with some observations and suggestions on policies of major companies and of national governments, as well as international governance, to encourage greater CER.

I investigate whether corporate accountability reporting and assurance help protect firm value. Specifically, I examine: 1) whether corporate accountability reporting helps firms prevent the occurrence of high-profile misconduct (bribery, kickbacks, discrimination, etc.), and 2) when high-profile misconduct does occur, does prior corporate accountability reporting reduce the negative stock price reaction. Using propensity-score matching to address self-selection, I find that on average firms that report on their corporate accountability activities are less likely to engage in high-profile misconduct, consistent with the reporting process helping firms manage their operations better. Additionally, I find that when high-profile misconduct does occur, firms that have previously issued corporate accountability reports experience a less negative stock price reaction, consistent with corporate accountability reports influencing perceptions of managerial intent, which in turn influences expected punishments. Lastly, I find no evidence that external assurance of corporate accountability reports decreases the likelihood of high-profile misconduct occurring, nor does it reduce the stock price hit when high-profile misconduct occurs, consistent with concerns raised about the value of this new form of assurance.

Calls for more responsible companies, have led to initiatives and legislations of sustainability reporting, in order to improve corporate transparency and accountability regarding companies economic, environmental and social impact. The aim of the research was to explore records roles in corporate sustainability reporting, which is discussed from an archives and information science perspective. Records are regarded as evidence of business activities and therefore crucial to accountability and decision-making processes. A sustainability report is a record, and records are also used to create a sustainability report. The thesis is based on a qualitative explorative methodology with interviews as data gathering technique. Interviews were carried out with four employees at three different companies who work with sustainability reporting, a sustainability consultant who works with sustainability reporting, and an auditor who assesses the  companies´ annual and sustainability reports. The interviews have addressed records’ role in different aspects of sustainability reporting, exploring how sustainability reports are created, used and pluralized. As well as how the records, generated as an effect of the reporting process, are used, what impact they have on the business and efficiency of the process. The thesis also explore respondents´ perspectives on reliability and credibility of the reports in relation to records qualities. Results from the interviews have been analysed with the lens of Records Continuum Model and the ISO standard for records management, ISO 15489-1:2016. Results show that records are key assets that provide evidential information that enables different functions and benefits –both to companies that report and to stakeholders. Primary benefits of the reporting that have been emphasized are that it enables transparency and accountability, informed decision-making, management of risks, compliance with legislation, ability to demonstrate corporate responsibility and meeting sustainability goals, greater business efficiency, evidence-based analysis and development activities, formation of business culture and identity, and protection of corporate and collective memory about the corporates’ work regarding sustainability. Records are also valuable assets for governance and continuous improvements. It enables to monitor trends and assessment on how the company meets its targets. The thesis gives an increased understanding of records’ role in a socio-economic context. It also suggests some areas for further research and development in order for sustainability reporting to further support a sustainable development. One of the major tasks would be to make pluralization of sustainability-related records more efficient, in order to facilitate further utilization of the information. This may enhance corporate accountability and decision making based on sustainability criteria, and would make the work more efficient for companies. The global records governance environment can be improved further, in order to support  global sustainable development. Important is also to raise awareness about the role of trustworthy records.

Thesis submitted in fulfilment of the requirements for the degree of (PhD) in the School of Law at the University of the Witwatersrand School of Law Faculty of Commerce, Law and Management University of the Witwatersrand, Johannesburg / Since the 1970s, when third world countries challenged the market-dominated international trade regime, the United Nations (UN) has been engaging without relent on how to fill the gap in business and human rights governance. The gap exists in countries with relaxed domestic regulatory regimes, where multinational corporations commit human rights violations without regional and institutional mechanisms to hold them accountable. From the draft codes, to the Global Compacts and the UN Draft Norms, the search failed to yield the desired result. In 2005, another move was made that produced a compendium of UN Guiding Principles on Business and Human Rights (UNGP) which was unanimously endorsed by the UN Human Rights Council (UNHRC) in May 2011. Although it has been argued that the endorsement fills the gap that has been missing in the quest for global corporate accountability, the search continues unabated at the UN forum albeit without the support of some powerful nations for a ‘binding international legal instrument’ that will regulate the activities of corporations with regard to human rights. However, while awaiting the outcome of the recent interrogation on the issue, the UNHRC passed a resolution that the implementation of the UNGP should commence. Since Africa is one of the continents greatly affected by this problem, this thesis considers how the African Union (AU) can develop a framework for corporate human rights responsibility and accountability in line with the UNGP. To this end this thesis proposes a mechanism that will engender a proper implementation of the UNGP; it argues that a new treaty process and implementation of the UNGP are simply different sides of the same coin and that they serve the same purpose. The thesis also considers the adequacy of the existing regulatory framework for corporate human rights accountability in Africa and explores the creation of an appropriate forum for the implementation of the UNGP. Choosing the AU as the suitable forum, this thesis endeavours to examine how some legal and policy-making institutions in the AU can be rejuvenated, overhauled and re-positioned in order to perform effective corporate accountability oversight to support the domestic and sub-regional systems. Furthermore, it attempts to provide possible remedies to victims of corporate human rights violations in Africa.

For over a century, corporations engaged in the extractive industries in Africa have operated without ethical rules. They have been notoriously fingered for rampant environmental, labour, health and human rights violations, including land despoliation, forced displacement, environmental pollution, cultural infringements and, sometimes, deaths. While the responsibility for regulating companies and protecting human and peoples’ rights primarily rests with states, they have often been unable or unwilling to do so effectively. Amidst these persisting challenges, the phenomenal rise of transnational corporations in the global economy have rendered more complex the gaps in global governance by presenting new challenges that make territorial regulation by single countries impracticable. While victims groan, contestations about the human rights obligations of corporations have allowed extractive and other companies to fly below the radar of accountability; thereby, enabling extractive businesses to ride roughshod over communities and the environment. After several United Nations-led initiatives to address the adverse impacts of corporations, they have proven insufficient to hold companies accountable for violations in the extractive sector. This thesis, therefore, is a dispassionate attempt to explore the role of the African regional human rights system as an important complementary level of normative and institutional governance for regulating abusive corporate conduct and advancing human rights accountability in the extractive industries. It adopts an African approach to corporate human rights accountability in critically evaluating the contours of the corporate accountability discourse. It problematises the near-total reliance on inadequate domestic action in host states for regulating powerful corporate conglomerates in this age of globalisation and highlights the limits of extraterritorial regulation by home states in addressing transborder abuses. After a careful assessment, it finds that African human rights norms and regional mechanisms can play a key part in regulating abusive corporate practices and protecting the human rights and environmental wellbeing of resource-rich communities affected by the extractive industries in Africa. / Thesis (LLD)--University of Pretoria, 2021. / German Academic Exchange Service (Deutscher Akademischer Austauschdienst - DAAD) / Centre for Human Rights / LLD / Unrestricted

The thesis answers the following research question: what is the extent of the influence of international law on the construction and application of corporate codes of conduct, what factors determine this influence and through which processes does it occur? The thesis uses a mix of methods: a content analysis study, used to measure the extent to which codes of conduct incorporate international labour standards and the degree to which they have changed over time in this respect; legal research on whether corporations can be liable for violating their codes and how this risk factors in the drafting of codes; and case studies of fifteen retailer corporations, which examine how their codes were created and how they are being applied. The study's findings show there is an influence of international law on the construction and, to a far smaller degree, on the application of codes. The creation and application of codes is a politicised and contested process and codes are based on international law principally due to the pressure exerted by trade unions and NGOs, but also due to reputational risk, commercial pressure and mimicry by corporations. This influence has been selective, with corporations applying provisions in their codes that protect the rights carrying the biggest reputational risks. These findings show the flaws in the current international framework for corporate accountability, which is based on self-regulation through codes and audits. They also raise issue of whether changes, such as a binding international treaty or the creation of more collaborative and inclusive programmes to oversee the application of codes, may be required in order to ensure wider respect for labour rights of workers.

Mining depletes, processes, and relocates mineral resources while profoundly changing landscapes and socio-economic patterns of affected regions and communities. For millennia these impacts have been “accepted” by society because of minerals’ many benefits, but the growing environmental crisis is pushing up demand for socially responsible and ecologically viable mining practices. In reaction to these pressures, large mining corporations have been increasingly trying to make the business case for a sustainable mining industry. To demonstrate progress towards this “case”, companies have started to publish sustainability reports based on a sustainability assessment and reporting tool called the Global Reporting Initiative (GRI) Framework. Many scholars have contested the effectiveness of that framework and argued that GRI-based reports can mislead decision-makers concerned with sustainability, or even camouflage unsustainable practices, particularly at the site level. Few scholars, however, have gone far beyond the realm of criticism to understand how to enhance that framework. This thesis addresses this gap. More specifically it sets out to answer the following questions: 1) what needs to be changed in mining corporations’ approaches to assessing and reporting sustainability for the purpose of promoting more meaningful and reliable disclosures? And 2) what are the key practical and conceptual barriers to implementing those changes? This research adopted a qualitative grounded theory approach underpinned by systems theories to answer the questions. Data were collected through extensive literature reviews, 41 semi-structured interviews and content analyses. The evaluation of data included software-aided techniques such as iterative coding, memo-writing, and diagramming. The four main contributions are as follows. First, the thesis presents an evaluation of the extent to which mining corporations’ approaches to sustainability reporting meet eight principles (the BellagioSTAMP) of sustainability assessment and communication. In light of the identified gaps, the thesis outlines a number of specific changes that should be promoted in mining corporations’ sustainability frameworks. Second, a critical evaluation is provided of the limitations of an industry initiative that is pushing for stronger GRI reporting. Proponents of that initiative are trying to standardize and enforce external verification of sustainability reports among large mining corporations, but, in doing so, they may reinforce a limited approach to sustainability reporting. Third, the thesis identifies and discusses the barriers that may emerge in the implementation of six additional guidance elements in the GRI framework that could promote sounder sustainability assessment and reporting processes. The many barriers are broadly categorized as motivational, structural and specific. Finally, the thesis specifies research implications for key stakeholder groups involved in sustainability reporting: standard-setters, industry associations, mining companies, external verifiers, investors, local communities, and scholars. Overall, this thesis corroborates the view that meaningful and reliable standardized disclosures of contributions to sustainability are unlikely to emerge any time soon. The geographical dispersion of mining corporations’ facilities imposes substantial barriers to the contextualization and systematization of sustainability evaluations and communications. These barriers can be overcome with additional indicator systems and partnerships, but standard-setters, industry associations, and governments do not seem motivated to take up this challenge soon. This situation opens opportunities for individual mining corporations to enhance their particular approaches. This thesis provides important information that should be considered in the development of a much needed long-term strategy for stronger sustainability reporting in the sector.

Mining depletes, processes, and relocates mineral resources while profoundly changing landscapes and socio-economic patterns of affected regions and communities. For millennia these impacts have been “accepted” by society because of minerals’ many benefits, but the growing environmental crisis is pushing up demand for socially responsible and ecologically viable mining practices. In reaction to these pressures, large mining corporations have been increasingly trying to make the business case for a sustainable mining industry. To demonstrate progress towards this “case”, companies have started to publish sustainability reports based on a sustainability assessment and reporting tool called the Global Reporting Initiative (GRI) Framework. Many scholars have contested the effectiveness of that framework and argued that GRI-based reports can mislead decision-makers concerned with sustainability, or even camouflage unsustainable practices, particularly at the site level. Few scholars, however, have gone far beyond the realm of criticism to understand how to enhance that framework. This thesis addresses this gap. More specifically it sets out to answer the following questions: 1) what needs to be changed in mining corporations’ approaches to assessing and reporting sustainability for the purpose of promoting more meaningful and reliable disclosures? And 2) what are the key practical and conceptual barriers to implementing those changes? This research adopted a qualitative grounded theory approach underpinned by systems theories to answer the questions. Data were collected through extensive literature reviews, 41 semi-structured interviews and content analyses. The evaluation of data included software-aided techniques such as iterative coding, memo-writing, and diagramming. The four main contributions are as follows. First, the thesis presents an evaluation of the extent to which mining corporations’ approaches to sustainability reporting meet eight principles (the BellagioSTAMP) of sustainability assessment and communication. In light of the identified gaps, the thesis outlines a number of specific changes that should be promoted in mining corporations’ sustainability frameworks. Second, a critical evaluation is provided of the limitations of an industry initiative that is pushing for stronger GRI reporting. Proponents of that initiative are trying to standardize and enforce external verification of sustainability reports among large mining corporations, but, in doing so, they may reinforce a limited approach to sustainability reporting. Third, the thesis identifies and discusses the barriers that may emerge in the implementation of six additional guidance elements in the GRI framework that could promote sounder sustainability assessment and reporting processes. The many barriers are broadly categorized as motivational, structural and specific. Finally, the thesis specifies research implications for key stakeholder groups involved in sustainability reporting: standard-setters, industry associations, mining companies, external verifiers, investors, local communities, and scholars. Overall, this thesis corroborates the view that meaningful and reliable standardized disclosures of contributions to sustainability are unlikely to emerge any time soon. The geographical dispersion of mining corporations’ facilities imposes substantial barriers to the contextualization and systematization of sustainability evaluations and communications. These barriers can be overcome with additional indicator systems and partnerships, but standard-setters, industry associations, and governments do not seem motivated to take up this challenge soon. This situation opens opportunities for individual mining corporations to enhance their particular approaches. This thesis provides important information that should be considered in the development of a much needed long-term strategy for stronger sustainability reporting in the sector.

Thesis (M.Dev.(Plannng and Management )) -- University of Limpopo, 2020 / The purpose of this study was to analyse the local perception of the Corporate Social Responsibility (CSR) of the mining companies on local community development in Fetakgomo-Tubatse Local Municipality, Limpopo, South Africa, adopting a qualitative research method. Interview transcripts and field notes represented the primary data from which thematic analyses, labelling and organising evidence in themes and categories as they emerged out of the data rather than being imposed on research participants prior to data collection and analysis. The findings revealed that mining companies are partially contributing to the development of the communities where they do their operations and their impact is minimal. Their CSR projects lack sustainability and are not primarily changing the lives of the people due to high levels of under-development, illiteracy levels, lack of skills, unemployment and structural abject poverty in their mining communities.