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Corporate Social Responsibility?Human Rights in the New Global Economy$
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Charlotte Walker-Said and John D. Kelly

Print publication date: 2015

Print ISBN-13: 9780226244273

Published to Chicago Scholarship Online: January 2016

DOI: 10.7208/chicago/9780226244440.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 23 October 2019

Sanction and Socialize

Sanction and Socialize

Military Command Responsibility and Corporate Accountability for Atrocities

Chapter:
(p.175) Chapter Eight Sanction and Socialize
Source:
Corporate Social Responsibility?
Author(s):

Scott A. Gilmore

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226244440.003.0008

The CSR movement faces a dilemma between the penal code of sanctions and the honor code of self-regulation. To escape this binary, this Chapter draws lessons from the laws of war. Mitigating the human rights impact of war and business are similar projects. Both graft humanitarian concerns onto hierarchical organizations whose missions seem contrary to human rights. But the laws of war offer a regulatory model: the doctrine of command responsibility. This regime fuses sanctions with socialization. It requires commanders to instill cultures of compliance, and it penalizes them for failing to prevent or punish human rights abuses committed by their subordinates. This Chapter argues that the CSR project should embrace corporate command responsibility to incentivize industry self-regulation.

Keywords:   corporate social responsibility, international criminal law, command responsibility, organizational theory, Alien Tort Statute

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