授業の目的 【日本語】 Goals of the Course(JPN) | | |
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授業の目的 【英語】 Goals of the Course | | his seminar will serve as a forum of students who are interested in corporate social responsibility (CSR) and international principles. The aim of this course is for students to obtain both the knowledge of principles on corporate responsibility and the skills which will enable them to analyze how to secure responsible conduct of corporations – both MNEs and SMEs – as well as analyse the role of these corporations in achieving sustainable development. |
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到達目標 【日本語】 Objectives of the Course(JPN) | | |
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到達目標 【英語】 Objectives of the Course | | Students will obtain a good understanding of the history, background and development of the concept of CSR in the interntional law context. Students will also be able to critically analyse the reasons for the lack of effective mechanism to control the conduct of MNEs in the international community. |
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授業の内容や構成 Course Content / Plan | | Structure of the Course / Schedule授業の構成・計画
Unless agreed otherwise in the first session, this seminar will be structured as follows.
1. Understanding the concept of CSR in international law (5 sessions)
This includes examination of the following materials.
- Draft United Nations Code of Conduct on Transnational Corporations
- The OECD Guidelines for Multinational Enterprises
- Ten Principles of the UN Global Compact
- The ILO Declaration
- OHCHR, Guiding Principles on Business and Human Rights
2. Examination and discussion on how to make corporations accountable to their conduct in domestic law (5 sessions)
These sessions discuss, in particular, US cases under the Alien Tort Statute (ATS) in which attempts to pursue MNE’s responsibilities in US courts have been made (and mostly failed). These sessions also examine the following materials:
- David Scheffer and Caroline Kaeb, ‘The Five Levels of CSR Compliance: The Resiliency of Corporate Liability under the Alien Tort Statute and the Case for a Counterattack Strategy in Compliance Theory’ 29(1) Berkeley Journal of International Law (2011) pp. 334-397
- Ronen Shamir, ‘Between Self-Regulation and the Alien Tort Claims Act: On the Contested Concept of Corporate Social Responsibility’ Law & Society Review, Vol. 38, No. 4 (Dec., 2004), pp. 635-664
3. Examination and discussion on how to make corporations and states accountable to the conduct of corporations in international law (5 sessions)
These sessions examine the current development concerning corporate (private persons) responsibility in international law, in particular the drafting process of the so-called “zero draft” within the UN. International cases in the European Court of Human Rights, the African Commission on Human and Peoples’ Rights and the Inter-American Court of Human Rights in which the court/commission found the relevant state’s responsibility arising from its failure to regulate corporations’ activities which caused human rights violations will be also discussed. |
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履修条件・関連する科目 Course Prerequisites and Related Courses | | There is no precondition to take this course. |
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成績評価の方法と基準 Course Evaluation Method and Criteria | | Presentation: 50%, Contribution to discussion: 50%.
Credit is given to C- or C (where applicable) or higher grade for each criterion.
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教科書・参考書 Textbook/Reference Book | | Crane, A., et al. The Oxford Handbook of Corporate Social Responsibility (OUP, 2008)
Other reading materials will be given during the course.
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課外学習等(授業時間外学習の指示) Study Load(Self-directed Learning Outside Course Hours) | | Students are required to prepare for and make presentations on specific topics in each session. Topics will be decided on consultation with students and will be related to each student's master/doctor thesis. |
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注意事項 Notice for Students | | |
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使用言語 Language(s) for Instruction & Discussion | | |
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授業開講形態等 Lecture format, etc. | | |
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遠隔授業(オンデマンド型)で行う場合の追加措置 Additional measures for remote class (on-demand class) | | |
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