Taking Corporate Codes Seriously: Towards Private Law Enforcement of Voluntary Corporate Social Responsibility Codes
Promovendus: Mw. Dr. A. Beckers
Promotores: Prof.Dr. G. Teubner, Mw. Dr. N. Kornet
Duur: 1/6/2010 - 31/5/2014
Promotie: Maastricht, 16/10/2014
The thesis will analyse the regulatory potential of private and public actors with regard to human and labour rights and particularly deal with the legal and constitutional quality of corporate codes of conduct. It will be based on the dogmatic question whether these informal standards have legal effects with regard to unfair competition and contract law. The main part will consist an analysis from a legal theory perspective and examine whether these privately negotiated codes of conduct show a shift towards a transnational juridification. Theoretical research will be based on systems theory approach. After analysing whether these informal rules can be regarded as a form of private self-regulation, the focus will be set on the concept of societal constitutionalism. Do these legal structures fulfil genuine constitutional functions and have to be accepted by private law as legitimate sources?