Privatization and the law of the future

By Marieke Klompe, 24 June 2011

Faculty of Law

Outline

• Defining the trend of privatization

• Forms of Corporate Social Responsibility

• Conclusion

Faculty of Law

Definition

• Privatization of law

• Corporate Social Responsibility

• Codes of conduct and soft law

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Trend: privatization

• Business

• Development of role of private actors?

Faculty of Law

Why is this a trend?

• Increase social media

• More involvement of the public

• More pressure of the public

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Why is this a trend? More Pressure!

• Moral character

• See beyond own wishes

• If not; social media; more pressure

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What happens judicial?

- No good judicial system

- uncertainty: - Who can sue? - At which court? - On what ground – law? - Costs?

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Solutions CSR

• Codes of Conduct • Soft law

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Codes of Conduct

• Made by multinationals • Companies’ policy statements• Voluntary • Credibility – inform the public • Who is going to monitor?

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Codes of Conduct

• More harmonized

• Credibility -> feel pressure

• General Codes of Conduct (ILO – OECD – UN – UNNCTAD)

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Codes of Conduct – future

• Increase codes of conduct

• More institutions and general codes of conduct (for each sector) – Control mechanism – Infringe code? Pressure!

• So: harmonization

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Soft Law

• Not binding• Performs important functions• Overcome deadlocks • Can be made into hard law • Set up institutions for infringements • So: just a phase

Faculty of Law

THANK YOU FOR YOUR ATTENTION