Updated: Oct. 25, 2017 (Initial publication: May 27, 2016)
► Full Reference: Frison-Roche, M.-A., Globalization from the point of view of Law, working paper, May 2017.
🎤 This working paper initially served as a basis for a synthesis report made in French in the colloquium organized by the Association Henri Capitant in the International German Days on the subject of "Le Droit et la Mondialisation" (Law and Globalization).
📝 it serves as a second basis for the article (written in English, with a Spanish Summary) to be published in the Brezilian journal Rarb - Revista de Arbitragem e Mediação (Revue d`Arbitrage et Médiation).
► Summary of the Working: Globalization is a confusing phenomenon for the jurist. The first thing to do is to take its measure. Once it has been taken, it is essential that we allow ourselves to think of something about it, even if we have to think about it. For example, on whether the phenomenon is new or not, which allows a second assessment of what is taking place. If, in so far as the law can and must "pretend" to defend every being, a universal claim destined to face the global field of forces, the following question - but secondary - is formulated: quid facere? Nothing ? Next to nothing ? Or regulate? Or can we still claim that the Law fulfills its primary duty, which is to protect the weak, including the forces of globalization?
read the Working Paper below⤵️
May 11, 2017
Reference : Frison-Roche, M.-A., Le contrat est-il l'instrument optimal de la RSE ? ("Is the Contract the optimal instrument of CSR?") in Trébulle, F.-G. (modérateur), Les instruments de la RSE : le contrat (The instruments of CSR"), cycle of conferences organized by the Cour de cassation (French Civil Supreme Court and the Universities of Paris-Dauphine, Paris VIII and Paris I),Cour de cassation, Paris, 11 mai 2017.
Corporate Social Responsibility belongs to Economic Law. It thus enters into its logic of efficiency, leading to apprehend any legal mechanism as an instrument, the contract as the others. This does not mean that everything is only an instrument, on the contrary. Economic Law, when it takes the form of Regulation Law, places the principles in the aims pursued. It is in these principles that it can meet CSR if the goals are the same.
In view of these aims, everything is an instrument. On the scale of goals which are "monumental"
New laws, such as in France in 2016 the Sapin 2 law or in 2017 the law establishing a "duty of vigilance" with uncertain contours, may use the contract only as a vehicle for legal obligations to be performed by the company
But the contract can also be chosen as an instrument by the company in that it pursues the same goals of general interest, becoming global
In this, the contract converges towards what is being constructed: a Compliance Law.
For a whole demonstration, see Frison-Roche, M.-A.,From Regulation Law to Compliance Law, 2017.
On this notion of "global general interest", and maybe of "global public service", see Frison-Roche, M.A., From Regulation Law to Compliance Law, 2017 .
Dec. 17, 2014
Oct. 22, 2014
Thesaurus : 06.1. Textes de l'Union Européenne
Référence complète : Directive 2014/95/UE du Parlement européen et du Conseil du 22 octobre 2014 modifiant la directive 2013/34/UE en ce qui concerne la publication d'informations non financières et d'informations relatives à la diversité par certaines grandes entreprises et certains groupes