1.3.2 Research questions

Interesting research questions presented themselves, such as: how did the concept of CSR develop and what does it entail? Is CSR a regional or an international phenomenon? Which actors are involved? Which legal notions are being influenced by CSR? How is it connected to corporate law, environmental law, sustainable development, international law and international politics? Which legal and semi-legal frameworks support CSR and how does that work in practice? Which legal tools and mechanisms are available to companies to assist them in implementing CSR? What instructions or standards apply to companies? Do existing legal structures need to be expanded or amended in order to facilitate the implementation of CSR? Furthermore, how does CSR influence legislative developments and impact legal notions? How do companies approach CSR? What are the developments around certain specific CSR themes such as corruption, human rights, international supply chain management, water and other ecosystem services? How can CSR be encouraged? By legislation, tax incentives, reputation impacts, additional profits? Which dilemmas and barriers prevent the immediate and full implementation of CSR? What are the directions for solutions?

The author has elected to examine CSR by first and foremost looking at tools and processes that facilitate CSR implementation. The questions concerning the background and the positioning of CSR are addressed in chapter 2 of this study. A discussion on the legal and semi-legal configurations that are relevant for CSR constitute the central part of the study (chapters 3-8). The last part of the book (chapters 9-13) comprises case studies to demonstrate how CSR works in practice.

The author has identified the following legal and semi-legal frameworks which are relevant for the development and implementation of CSR (section 1.8 infra will introduce them in more detail):

Following Porter's line of reasoning, it will be assessed whether these frameworks can be effectively used by companies for the CSR implementation process, or whether the frameworks need to be expanded in order to encompass CSR themes. Additionally, it will be explored whether these frameworks provide practical tools and mechanisms to companies to help them in their pursuit to operate in a sustainable fashion. A second focus of the research has been on developments in the law pertaining to these frameworks and on corporate best practices: how is the (legal) position of CSR developing, and how are companies practising CSR? The results thereof have been interwoven into the central part of the study.

This study has also mapped the developments around certain specific CSR themes such as corruption, human rights, international supply chain management, water, biodiversity and other ecosystem services. The first three subjects are first examined in relation to the corporate mechanisms listed above, respectively, internal control and management information processes, due diligence assessments, and providing information to consumers. They then re-surface in the case studies. The developments surrounding water and BES lie at the heart of the case studies in the last three chapters.