The purpose of this paper is to conceptualise the extent to which partnerships with non-governmental organisations (NGOs) are a necessity for successful efforts of businesses in the area of corporate social responsibility (CSR). The main findings are based on an analysis of existing literature on NGO typologies and strategies for CSR and illustrated with examples from the Dutch National Research Program on CSR. Based on three different strategies towards CSR, the suggestion is that NGOs tend to become involved in partnerships with companies that have an interest in postponing concrete results, while partnerships with companies that have the potential for the biggest contribution to the ambitions of NGOs have the highest risk of diminishing NGO-legitimacy.
We aim to understand the interaction between shifting organizational field logics and field actors’ responses to reconcile logic plurality and maintain legitimacy through business model innovation. Drawing on a multimethod, longitudinal field study in the fashion industry, we traced how de novo and incumbent firms integrate circular logics in business models (for sustainability) and uncover how productive tensions in field logics lead to experimental spaces for business model innovation. Our findings showed a shift in the discourse on circular logic that diverted attention and resources from materials innovation (e.g. recycling) to business model innovation (e.g. circular business models). By juxtaposing the degree of field logic tension and the degree of business model innovation, we derive four types of business model hybridization responses that actors engaged in to maintain legitimacy – constrained, limited, integrated, and expanded. Our study generates new insights on business models for sustainability as vehicles for organizational field change.
This paper investigates the prospective application of arbitration by Transnational Private Regulation (TPR). It builds on the study of TPR developed by Fabrizio Cafaggi et al. TPR addresses the ever-increasing transfer of regulatory power from national to global levels, and from public to private regulators. TPR entails private regulatory co-operation be-yond the jurisdictional boundaries of States through voluntary standards. The regimes of TPR are built by a variety of actors, such as companies, NGOs, independent experts, and epistemic communities. Examples of TPR can be found in food safety, forestry management, trade, and derivatives, among other fields. More specifically, they concern private actors engaging in transnational coordination of standard setting such as the Forest Stewardship Council (FSC) that was developed to foster responsible management of the world’s forests. There are four main characteristics of TPR: legitimacy, quality, effectiveness, and enforcement. I will describe those four characteristics in brief here. First, the legitimacy of TPR is built around consent through voluntary entry, participation, and exit of regulated entities. Important to this contribution is that the legitimacy of TPR goes beyond its legal dimension, measured by purely legal standards. Hence, the legitimacy of TPR is largely determined by standards developed by social and economic institutions relevant to specific TPR regimes. The role of those institutions in standard settings is higher in private TPR regimes than private-public TPR regimes, where some forms of compliance are mandatory. Second, the quality of TPR corresponds to the ex ante and ex post evaluation cycle of regulatory processes. It is also linked with the transparency of TPR. Third, the effectiveness of TPR is measured according to the extent to which the objectives of TPR (or selected TPR regimes) are met. And finally, enforcement of TPRis understood as ‘ensuring compliance with commitments’. Enforcement of TPR can take place through courts, administrative agencies, and private dispute resolution—including the arbitration at the core of this contribution. Cafaggi’s study identified rather selective use of arbitration in TPR, but also recommended changes to make arbitration law more adaptable to TPR. Furthermore, the study recommended that more specialized dispute resolution institutions are created to exclusively serve TPR. Against this background, I shift the main focus of analysis from TPR to arbitration. Whereas Cafaggi argued that arbitration may be suitable for TPR as a means of private enforcement, in this paper I go even further, arguing that arbitration as a means of informal, out-of-court dispute resolution is well suited to strengthen the normativity of TPR. This is so because private arbitration actors (including, inter alia, arbitrators and arbitral institutions) are already equipped with the tools necessary to facilitate cross-border TPR, which is done through informal standards and procedures with origins in the communitarian values and reputational mechanisms used by different communities before the development of modern States. The roots of most private justice regimes—including arbitration—are informed by communitarian values such as collaboration, participation, and personal trust. Those values, together with other core characteristics of arbitration correspond to all core characteristics of TPR, making both systems comparable and complementary. The analytical framework incorporated in this paper follows the four core characteristics of TPR. Hence, the paper is organized into five sections. The first section contains the introduction. In the second section, I analyze the legitimacy of arbitration vis-à-vis the legitimacy of TPR. In the third section, I investigate the accountability of arbitration as a means of quality signaling vis-à-vis TPR. In the fourth section, I focus on the remedies available to arbitrators in a view of TPR’s effectiveness. Finally, in the fifth section, I analyze enforcement through arbitration and its impact on the exclusiveness versus complementarity of TPR regimes. Conclusions follow, including recommendations for future research. Part of topic "The blurring distinction between public and private in international dispute resolution"
The denim industry faces many complex sustainability challenges and has been especially criticized for its polluting and hazardous production practices. Reducing resource use of water, chemicals and energy and changing denim production practices calls for collaboration between various stakeholders, including competing denim brands. There is great benefit in combining denim brands’ resources and knowledge so that commonly defined standards and benchmarks are developed and realized on a scale that matters. Collaboration however, and especially between competitors, is highly complex and prone to fail. This project brings leading denim brands together to collectively take initial steps towards improving the ecological sustainability impact of denim production, particularly by establishing measurements, benchmarks and standards for resource use (e.g. chemicals, water, energy) and creating best practices for effective collaboration. The central research question of our project is: How do denim brands effectively collaborate together to create common, industry standards on resource use and benchmarks for improved ecological sustainability in denim production? To answer this question, we will use a mixed-method, action research approach. The project’s research setting is the Amsterdam Metropolitan Area (MRA), which has a strong denim cluster and is home to many international denim brands and start-ups.
