Global Business Perspectives

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The Global Business Environment

LeCTURE 11

Challenges and responsibilities

Ethics and social responsibility

Businesses in the global economy: who are they serving?

Summary of contents

Ethics: principles and practices

Foundations of ethics

Ethics in business

Human rights

Social responsibility of the firm

Theories of corporate social responsibility

CSR in practice

CSR and corporate governance

The social enterprise

Challenges and responsibilities

Conclusions

Ethics: concepts and principles

Ethics focuses on systems of values by which judgments of right and wrong behaviour are made

Morality – standards of behaviour dictated by value systems

National cultures have differing value systems and norms of behaviour

Local law and values can conflict with ethical principles

A company can act within national law, and yet be accused of unethical behaviour

Foundations of ethics

Utilitarianism - focuses on the aggregate of individual goods

Individual pursuit of self-interest, with a minimum of government interference

Ethical relativism – holds that ethical principles are not absolute, but depend on the particular culture

Related to contextualism, which sees ideas of right and wrong in the context of a particular belief system

Are there universal ethical principles?

The categorical imperative (Kant) rests on the view that acting only for oneself is unethical, and the needs and wants of others should be taken into account

The individual and society

Utilitarian thinking underpins capitalist assumptions of the self-interested individual

Freedom in the negative sense – the absence of external constraints

Each person desires the maximum amount of freedom to act

Morality associated with membership of a society and its culture

Freedom in the positive sense – the importance of community and society as part of a person’s values

Lies behind the categorical imperative

Human rights

Human rights – basic universal rights that transcend social and cultural differences

Foundations in natural rights theories that emphasized the individual and negative freedom

Universal Declaration of Human Rights (UNDHR) encompassed both basic freedoms in the negative sense and social and economic rights, in the vein of positive liberty

Social and economic rights include right to a livelihood

UNDHR was followed up by two covenants that are part of international law, ratified by most countries

UDHR

How are human rights enforced?

Ratifying countries are obliged to incorporate the treaties into national law, but enforcement is often weak, e.g. child labour

How are MNEs affected?

Duty to abide by national law

MNEs should adhere to international law even where national authorities are lax

New UN protocol gives individuals redress for breaches of human rights

Individuals can take legal action in the European Court of Human Rights (ECHR) under the European Convention on Human Rights (ECHR)

Ethics in business

Arises in what the firm does, and how it does it

Many businesses are in sectors with a strong ethical dimension: gambling, alcoholic drinks, weapons

They are subject to strict laws in most countries

Law and ethics overlap – Legal regulation applies in many areas, such as health and safety, but this differs from country to country. Grey areas arise:

Outsourced production in developing countries

What is meant by legal compliance? Many companies use offshore and other devices to reduce tax liabilities which would arise where they operate

The duty of reasonable care is interpreted differently in different countries

Human rights and the workplace

Include terms of employment, decent treatment of employees, health and safety, and right to organize independent trade unions in the workplace

Many workers are at risk of human rights abuse:

Workers in outsourced manufacturing

Migrant workers in foreign countries, e.g. in the construction industry in Middle Eastern states

Also right to a fair wage and decent living

The zero-hours contract – one-sided in favour of the employer

Social responsibility of the firm

Corporate social responsibility (CSR) rests on the role of the firm in society, involving obligations to all stakeholders

Individualist countries have tended to focus on the economic role of the firm, but this is a narrow view

Markets underestimate human, community and environmental values

Global companies so large as to dwarf national economies; do firms use this power in socially responsible ways?

Perspective of shareholder value contrasted with a broader view of stakeholder concerns

Theories of CSR

A weak theory of CSR focuses on philanthropic contributions as an add-on to business activities

Associated with the concept of corporate citizenship, which emphasizes minimal legal obligations - obey the law and pay taxes

Stakeholder theory

Focuses on the many groups and interests that affect the company

Carroll’s model of CSR – recognizes four levels of CSR:

Economic, legal, ethical and philanthropic

The multinational enterprise

CSR in practice

The business case for CSR – business goals will be met more successfully in the long term through CSR approach rather than a narrow view of economic goals (short-termism)

The sustainable business model – taking into account climate change and environmental impacts

Voluntary codes of practice – relating to CSR, ethical and environmental practices the firm aspires to

Third-party verification – a stronger approach to back up the voluntary code

ESG reporting – takes in environmental, social and governance reporting

International standards

OECD Guidelines for MNEs – latest revision 2010

Highlights MNE role in supply chains

Addresses human rights

Environmental issues, such as ‘green growth’, sustainability

ILO Principles – in the following areas:

Employment practices, training, work conditions, industrial relations

Recognize the right of workers to join an independent trade union, and the role of collective bargaining

The UN Global Compact – Between governments, corporations and NGOs

CSR and corporate governance

A company’s corporate governance reflects its corporate culture and its assumptions about the role of the firm in society

Company directors owe fiduciary duty to act in the best interests of the company as a whole

Where ownership is concentrated in a few individuals, they dominate decision-making, and ordinary shareholders have little say

Excessive remuneration of executives: board oversight and also legislation in some countries

How accountable are directors?

Although most boards have independent (non-executive) directors, their monitoring role tends to be weak

The posts of chairman of the board and CEO are commonly combined, giving the CEO greater control over the board

Board committees, such as the remuneration committee, are dominated by insiders

Spiralling executive remuneration has occurred in the last decade, far outstripping pay of ordinary workers

Ordinary shareholders typically have little say in choosing candidates for directors or voting on them

The social enterprise

The social enterprise lies between a for-profits business and a not-for-profits organization

It makes profits, but uses them for social causes

Some operate in areas similar to government services, and are active in social-service sectors

Can be a registered charity or a community interest company (CIC)

In the UK, the CIC is a limited company which must adhere to social purposes

Social enterprise offers opportunities for the innovative entrepreneur, and many have sprung up in emerging economies

Challenges and responsibilities

Despite the existence of international law and ethical obligations, millions of workers worldwide endure working conditions that violate human rights

In many cases, well-known global companies are complicit in these violations

Governments are also to blame in many cases, for allowing poor conditions to continue, e.g. in textile factories

The narrow business-oriented view of CSR, based on voluntary initiatives, falls short of acceptance of social responsibility

Conclusions

The company’s role in society under the spotlight: positive obligations rather than economically self-interested behaviour

The stakeholder view of the company takes in workers in outsourced factories and in communities

The view of the company as maximizing shareholder value has dominated business and management thinking, but…

This view has failed at the level of social responsibility and ethics

A shift in corporate culture is needed to place societal goals at the heart of the business