International Human Rights Due Diligence: An Evolving Concept With Legal Implications

Due diligence in respect of human rights risks is becoming particularly important for multinational corporations. The basis for human rights due diligence may arise from local laws, international law or custom, or the requirements of lenders and investors. Due diligence allows multinational companies to promote compliance with societal expectations and take precautions to avoid liability for human rights violations.
The purpose of this article is to review the elements of human rights due diligence for multinational corporations and discuss their legal implications.

Mining and Resources Newsletter

Ogilvy Renault's Quarterly Newsletter on Mining and Resource Law can be found here, with excellent articles (if I do say so, being one of the contributors!) on Bill C-300 and new disclosure obligations on Environmental Social and Governance indicators. 

Supply Chain Risk Insights - Responsibility

See a good Wall Street Journal article on the CSR risks inherent in supply chain relationships here.

The Role of Authority in Law and Business: Lessons from Google and China

The Google/China issue is a fascinating topic for legal counsel because it brings into stark terms the true challenge of corporate social responsibility (CSR) for business law.  At its essence, the question being debated by both sides of this issue is the proper role of "authority" as a guide for corporate conduct.  This is the focus of my graduate thesis, and I believe it is a central issue in understanding how corporations should navigate social expectations, be they legal, ethical, or CSR related - or as is most often the case, a tangled amalgam of each.

CSR and Pension Benefit Legacies

In a recent article of the Financial Times (full article here), it was noted that a pension scheme of a major food manufacturer was found to have a provision that prevents alteration of the pension plan insofar as such a change would be "unfair or materially detrimental" to the plan's beneficiaries. The article hypothesizes that the "unusual clause" could be linked to the company's "Quaker heritage" and "its doctrine of giving a fair deal to staff and suppliers". This raises some interesting legal issues, and reveals the potential for Corporate Social Responsibility (CSR) motivations to affect legal relations far into the future.

Social Entrepreurship: Legislative Innovations

This white paper, developed by the MaRS Discovery District, is part of a series that explores the opportunities and challenges supporting the growth of social ventures in Ontario.

Xinhua: "China says Google breaks promise, totally wrong to stop censoring"

Another article from a Chinese state run news agency, reflecting state position on Google move.  See article here.

WSJ: Google's Brin Talks About China Gamble

Another good article found here.

Google Blog - "A New Approach to China: An Update"

Interesting blog post by David Drummond, SVP, Corporate Development and Chief Legal Officer for Google, view here.

Grievance Processes for Internal and External Stakeholders

The purpose of this post is to consider the issue of internal and external stakeholder grievance mechanisms from a legal perspective.  The impetus was an interesting article I read by John Sherman, a senior fellow with the Corporate Social Responsibility Initiative of Harvard Kennedy School on the topic.

Law Times: Workplace death sparks charges

"Ontario’s first instance of criminal charges against a corporation under a recent federal law may be a signal authorities are taking a more aggressive approach to workplace safety following a recent public outcry."  See full article here.

Report: Nestle Cancels Sinar Mas Contract After Greenpeace Palm Oil Report

"Nestle has replaced the Indonesian company Sinar Mas as a supplier of palm oil with another supplier for further shipments. The Switzerland-based company has also committed to using only "certified sustainable palm oil" in its products by 2015."  See full article here.

FT: Google to shut China search engine

"Google has drawn up detailed plans for the closure of its Chinese search engine and is now “99.9 per cent” certain to go ahead as talks over censorship with the Chinese authorities have reached an apparent impasse, according to a person familiar with the company’s thinking."

See full article from Financial Times here.

Global CSR Monitor - First Issue Released!

Ogilvy Renault's "Global CSR Monitor", released this week...

Bill C-300 - Opposition Making Sense

While attending the Prospectors & Developers Association of Canada (PDAC) conference in Toronto Canada this week, I had some very interesting conversations regarding Bill C-300.

PDAC E3 Plus CSR Guidelines

I attended the Prospectors and Developers Association of Canada (PDAC) conference this week.  It is a huge conference that takes place every year in Toronto, Canada, a trade show for the exploration and development sector of the mining industry.  Corporate Social Responsibility (CSR) issues abounded throughout the conference, with interesting discussion of PDAC's E3 Plus Framework.

Globe & Mail: China sends Google stern warning

"Obey the law or ‘pay the consequences,' country's top Internet regulator says." Full article here.

This development puts starkly the question of how legal compliance fits with CSR practices.  What happens when they conflict?  The assessment of the Chinese official is factually correct - failure to comply with state requirements will result in sanctions.  Google has the choice of staying or going.  But, they also have the choice of staying and trying to maintain their integrity in terms of openness, transparency and non-censorship to the best of their ability, despite the inherent struggles and pressures they will face. I hope they pick the third option, and I look forward to seeing what creative ways they come up with to do so.  As noted in an earlier posting this might include working through supranational organizations to promote the transparency agenda.

How CSR Practice Can Create Legal Rights or Obligations

I have noted in previous postings that CSR standards, once adopted and consistently acted upon by organizations or industries, could become evidence of customary practice that might have legal implications.  The purpose of this post is to develop this thought and briefly discuss one way in which this could happen.

Wall Street Journal: Goldman Warns Investors That Bad PR Could Hurt Business

"Goldman Sachs Group Inc. (GS) has added something new to the laundry list of financial risks it faces: unflattering attention..." See full article here.

Globe & Mail: Syncrude asks court to drop charge in dead ducks trial

"Forcing oil sands company to face both federal and provincial charges at the same time would be akin to ‘double jeopardy,' lawyer argues." See full article here.