Corporate Social Responsibility (CSR) appears to be a well-settled concept, albeit without precis... more Corporate Social Responsibility (CSR) appears to be a well-settled concept, albeit without precise definitions, with several multinational companies acceding to its components. Against this background, this paper explores two main issues. The first is whether the main components of CSR are being practiced in reality by these companies in developing countries? Secondly, has the focus on CSR made companies the
Since the Stockholm Conference, there has been an increasing use of law as a tool for promoting s... more Since the Stockholm Conference, there has been an increasing use of law as a tool for promoting synergy between environment and other sectoral policies at both the international and national levels. One area which has recorded a marked increase in legislation has been the integration of environment considerations into development projects in order to address the apparent conflict between environment and development policy. However, the existence of several laws has not been matched by a corresponding positive impact on the environment in several developing countries. Using both qualitative and quantitative research methodology, the paper uses the petroleum industry in Nigeria, as a case study, to answer the questions whether this is merely a problem of law enforcement or whether there are wider issues of policy involved. The paper argues that while ineffective laws and/or inefficient enforcement is largely the apparent cause, yet, this is not just a failing of the enforcement proces...
One of the key features which characterise the severe pollution and degradation of the Niger Delt... more One of the key features which characterise the severe pollution and degradation of the Niger Delta environment from oil industry activities has been the absence of justice for the victims. The failure on the part of the regulatory agencies to hold perpetrators accountable for environmental pollution is linked to weak and ineffective legislative and institutional frameworks. To this end, a lot of attention has been paid to the need for review of specific laws. However, while conceding the need for review of various laws, this paper argues that the challenge to enforcement transcends merely ‘fixing’ individual laws, to the Federal Constitution upon which the overall framework for regulation and enforcement is based. Specifically, the paper analyses the allocation of legislative competence between various levels of government under the Federal Constitution and the implications of this for effective environmental enforcement. The analysis draws from experiences in other countries - the ...
... Indeed, 48 per cent of the inflows went to six oil-producing countries Algeria, Chad, Egypt... more ... Indeed, 48 per cent of the inflows went to six oil-producing countries Algeria, Chad, Egypt, Equatorial Guinea, Nigeria and ... This definition of expropriation, together with stabilisation clauses in most international contracts, aims to protect the foreign investor from legislative or ...
Journal of Sustainable Development in Africa, 2009
Corporate Social Responsibility (CSR) appears to be a well-settled concept, albeit without precis... more Corporate Social Responsibility (CSR) appears to be a well-settled concept, albeit without precise definitions, with several multinational companies acceding to its components. Against this background, this paper explores two main issues. The first is whether the main components of CSR are being practiced in reality by these companies in developing countries? Secondly, has the focus on CSR made companies the obvious scapegoats, while national governments have been allowed to abdicate their traditional responsibility to its citizens? In essence, what is the relationship between CSR and the social responsibility of governments? Furthermore, what is the role of national governments in ensuring that companies operate in a socially responsible manner? In answering these questions, the paper focuses mainly on the operations of the oil industry in the Niger Delta of Nigeria.
The current global financial crisis has necessitated a questioning of some of the fundamental the... more The current global financial crisis has necessitated a questioning of some of the fundamental theories and assumptions, particularly the free-market theory, on which regulationofbusinessenterprises,includingmultinationalcorporations(MNCs),havebeen based.Specifically,intheareaofcorporatesocialresponsibility(CSR),thispaperexplores two crucial issues. The first is the implication for our understanding of the obligations of corporations to CSR in light of the scale of impacts on ordinary citizens, and their role in bailing out failed banks which owed them no direct legal obligations. The second is the continued reliance on a voluntary framework for CSR. Just as the financial crisis resulted from the largely unregulated nature of global financial institutions, this paper demonstrates, through various country examples in the resources sector, that the unregulatednatureofCSRobligationsonMNCshashaddireeffects,comparabletothatof the financial crisis, on populations. If corporations have, through personal greed and irresponsibility,evidentlyfailedtoeffectivelyregulatethemselvesevenintheircoreareas ofbusinessnecessaryfortheirownsurvival,howmuchlessdoweexpectofeffectiveself-regulationintheareaofCSR?
ABSTRACT Purpose - CSR within a purely voluntary context has so far not made meaningful contribut... more ABSTRACT Purpose - CSR within a purely voluntary context has so far not made meaningful contributions to the problem of corporate environmental and human rights abuses in Africa. The paper therefore aims to improve the effectiveness of CSR in the continent by making companies accountable for the veracity of statements they have voluntarily put out in the public domain. Design/methodology/approach - The paper adopts the stakeholder and legitimacy theories and information regulation as its framework of analysis. Following a discourse on the developments in and limitations of sustainability, the papers constructs an argument in line with these theories how these reports can still be utilised to make meaningful contribution towards strengthening CSR through accountability for false and misleading statements. Findings - Corporations have a stake in information in sustainability reports with regards to their corporate image and reputation. Therefore under the appropriate framework, utilising corporate accountability for false and misleading statements by companies has promise for making CSR more effective. Research limitations/implications - The main limitations of this research is the political will of national governments in Africa to undertake such an exercise and the relative ability of civil society groups in light of the power of corporations to effectively hold them to account through the models proposed. Originality/value - The paper is interdisciplinary, drawing upon both management and legal theories. A significant contribution of this research is its pragmatic approach which goes beyond calling for legal platform for CSR by recommending a model for accountability within the existing voluntary CSR framework.
ABSTRACT The quest for environmental protection alongside economic development has been one of th... more ABSTRACT The quest for environmental protection alongside economic development has been one of the prominent themes of political and legal discourse for several decades. This paper examines the extent to which the principle of sustainable development, introduced under the Rio Declaration 1992, as a conceptual framework for balancing these competing goals has been integrated within the international investment law regime. It does this by examining decisions of investment tribunals on disputes relating to the legitimacy of government measures on environmental grounds. The analysis evidenced a lack of clear principles and mechanisms for balanced consideration of all competing interests; with the outcome being generally the subordination of environmental concerns to the protections of investors’ economic interests under international investment law. This supports criticisms that although sustainable development has become one of society’s most keenly sought-after goals, progress towards achieving this has been frustratingly slow. Against this background, the paper went on to determine whether the outcomes from the hugely anticipated Rio+20 Conference provided a framework or mechanisms that could promote sustainability integration in investment arbitrations. The paper finds that while the Outcome Document from the main Rio+20 Conference did not provide such a framework, the Declaration from the Judge’s Conference, which was organised by UNEP and held simultaneously in Rio provided some principles and mechanisms that if fleshed out can contribute towards better integration of sustainability in the investment regime.
Corporate Social Responsibility (CSR) appears to be a well-settled concept, albeit without precis... more Corporate Social Responsibility (CSR) appears to be a well-settled concept, albeit without precise definitions, with several multinational companies acceding to its components. Against this background, this paper explores two main issues. The first is whether the main components of CSR are being practiced in reality by these companies in developing countries? Secondly, has the focus on CSR made companies the
Since the Stockholm Conference, there has been an increasing use of law as a tool for promoting s... more Since the Stockholm Conference, there has been an increasing use of law as a tool for promoting synergy between environment and other sectoral policies at both the international and national levels. One area which has recorded a marked increase in legislation has been the integration of environment considerations into development projects in order to address the apparent conflict between environment and development policy. However, the existence of several laws has not been matched by a corresponding positive impact on the environment in several developing countries. Using both qualitative and quantitative research methodology, the paper uses the petroleum industry in Nigeria, as a case study, to answer the questions whether this is merely a problem of law enforcement or whether there are wider issues of policy involved. The paper argues that while ineffective laws and/or inefficient enforcement is largely the apparent cause, yet, this is not just a failing of the enforcement proces...
One of the key features which characterise the severe pollution and degradation of the Niger Delt... more One of the key features which characterise the severe pollution and degradation of the Niger Delta environment from oil industry activities has been the absence of justice for the victims. The failure on the part of the regulatory agencies to hold perpetrators accountable for environmental pollution is linked to weak and ineffective legislative and institutional frameworks. To this end, a lot of attention has been paid to the need for review of specific laws. However, while conceding the need for review of various laws, this paper argues that the challenge to enforcement transcends merely ‘fixing’ individual laws, to the Federal Constitution upon which the overall framework for regulation and enforcement is based. Specifically, the paper analyses the allocation of legislative competence between various levels of government under the Federal Constitution and the implications of this for effective environmental enforcement. The analysis draws from experiences in other countries - the ...
... Indeed, 48 per cent of the inflows went to six oil-producing countries Algeria, Chad, Egypt... more ... Indeed, 48 per cent of the inflows went to six oil-producing countries Algeria, Chad, Egypt, Equatorial Guinea, Nigeria and ... This definition of expropriation, together with stabilisation clauses in most international contracts, aims to protect the foreign investor from legislative or ...
Journal of Sustainable Development in Africa, 2009
Corporate Social Responsibility (CSR) appears to be a well-settled concept, albeit without precis... more Corporate Social Responsibility (CSR) appears to be a well-settled concept, albeit without precise definitions, with several multinational companies acceding to its components. Against this background, this paper explores two main issues. The first is whether the main components of CSR are being practiced in reality by these companies in developing countries? Secondly, has the focus on CSR made companies the obvious scapegoats, while national governments have been allowed to abdicate their traditional responsibility to its citizens? In essence, what is the relationship between CSR and the social responsibility of governments? Furthermore, what is the role of national governments in ensuring that companies operate in a socially responsible manner? In answering these questions, the paper focuses mainly on the operations of the oil industry in the Niger Delta of Nigeria.
The current global financial crisis has necessitated a questioning of some of the fundamental the... more The current global financial crisis has necessitated a questioning of some of the fundamental theories and assumptions, particularly the free-market theory, on which regulationofbusinessenterprises,includingmultinationalcorporations(MNCs),havebeen based.Specifically,intheareaofcorporatesocialresponsibility(CSR),thispaperexplores two crucial issues. The first is the implication for our understanding of the obligations of corporations to CSR in light of the scale of impacts on ordinary citizens, and their role in bailing out failed banks which owed them no direct legal obligations. The second is the continued reliance on a voluntary framework for CSR. Just as the financial crisis resulted from the largely unregulated nature of global financial institutions, this paper demonstrates, through various country examples in the resources sector, that the unregulatednatureofCSRobligationsonMNCshashaddireeffects,comparabletothatof the financial crisis, on populations. If corporations have, through personal greed and irresponsibility,evidentlyfailedtoeffectivelyregulatethemselvesevenintheircoreareas ofbusinessnecessaryfortheirownsurvival,howmuchlessdoweexpectofeffectiveself-regulationintheareaofCSR?
ABSTRACT Purpose - CSR within a purely voluntary context has so far not made meaningful contribut... more ABSTRACT Purpose - CSR within a purely voluntary context has so far not made meaningful contributions to the problem of corporate environmental and human rights abuses in Africa. The paper therefore aims to improve the effectiveness of CSR in the continent by making companies accountable for the veracity of statements they have voluntarily put out in the public domain. Design/methodology/approach - The paper adopts the stakeholder and legitimacy theories and information regulation as its framework of analysis. Following a discourse on the developments in and limitations of sustainability, the papers constructs an argument in line with these theories how these reports can still be utilised to make meaningful contribution towards strengthening CSR through accountability for false and misleading statements. Findings - Corporations have a stake in information in sustainability reports with regards to their corporate image and reputation. Therefore under the appropriate framework, utilising corporate accountability for false and misleading statements by companies has promise for making CSR more effective. Research limitations/implications - The main limitations of this research is the political will of national governments in Africa to undertake such an exercise and the relative ability of civil society groups in light of the power of corporations to effectively hold them to account through the models proposed. Originality/value - The paper is interdisciplinary, drawing upon both management and legal theories. A significant contribution of this research is its pragmatic approach which goes beyond calling for legal platform for CSR by recommending a model for accountability within the existing voluntary CSR framework.
ABSTRACT The quest for environmental protection alongside economic development has been one of th... more ABSTRACT The quest for environmental protection alongside economic development has been one of the prominent themes of political and legal discourse for several decades. This paper examines the extent to which the principle of sustainable development, introduced under the Rio Declaration 1992, as a conceptual framework for balancing these competing goals has been integrated within the international investment law regime. It does this by examining decisions of investment tribunals on disputes relating to the legitimacy of government measures on environmental grounds. The analysis evidenced a lack of clear principles and mechanisms for balanced consideration of all competing interests; with the outcome being generally the subordination of environmental concerns to the protections of investors’ economic interests under international investment law. This supports criticisms that although sustainable development has become one of society’s most keenly sought-after goals, progress towards achieving this has been frustratingly slow. Against this background, the paper went on to determine whether the outcomes from the hugely anticipated Rio+20 Conference provided a framework or mechanisms that could promote sustainability integration in investment arbitrations. The paper finds that while the Outcome Document from the main Rio+20 Conference did not provide such a framework, the Declaration from the Judge’s Conference, which was organised by UNEP and held simultaneously in Rio provided some principles and mechanisms that if fleshed out can contribute towards better integration of sustainability in the investment regime.
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Papers by Engobo Emeseh