Corporate Social Responsibility and Law
Corporate Social Responsibility and Law
Question # 1 ( Min 200 words )
Can a corporation be moral ? and the Stakeholder / shareholder debate.
Based on the above 2 key matters, answer the below questions
A. Reflect where you stand on the 2 key questions
B. Are they the right questions
C. How are they relevant to your decision making process
D. How are they relevant to your day to day activities
Question # 2 ( Min 200 words )
A. Would you sign up to be a director?
B. Do the rewards outweigh the risks?
C. Would you be comfortable taking on the obligations and responsibilities of a director?
D. what’s your take on executive remuneration and the payment of bonuses – in particular the AIG case?
E. Do we need to rethink directors’ duties? Afterall, going back to the creation of the company, the whole purpose of incorporation is to allow the directors to take risks with investors’ money and limit their liability to their invested capital (Soloman v Soloman).
Question # 3 ( Min 200 words )
What does corporate governance mean to you in your capacity as a manager? As a shareholder? As a member of a superannuation fund? As a citizen? To what extent does good corporate governance require a stakeholder orientation? Or is it, in your view, the role of corporate governance to ensure that the bests
interests of shareholders is always paramount? How do the concepts of good governance and good corporate citizenship sit together in your view?
Question # 4 ( Min 200 words )
we’ve considered two sources of laws of obligations – contracts, being the ‘private laws’ that parties make in relation to their transactions and tort – the law
of wrongs, which provides for the compensation of victims of those who suffer damage as a consequence of the failures of others to maintain appropriate
standards of care. In this week’s conversation, consider how these aspects of the law impact your management decision making? To what extent are they relevant to the mitigation and management of risks? War stories are welcome…. reflect on your experience, report what happened, reconstruct the problem identifying the legal and, if relevant, ethical issues involved and reflect on how you might deal with this kind of issue with differently in the future. What might work and why? Are there different options?
Question # 5 ( Min 200 words )
The objective of the Australian Competition and Consumer Act is to enhance the welfare of all Australians. It seeks to do that by promoting competition (rather than protecting competitors) on one hand and then prescribing a set of minimum requirements to ensure that consumers are protected. It has been criticised – amongst other things – for its complexity and sheer volume, the enormous powers granted to its regulator (the ACCC). Research has demonstrated that many managers are not aware of the extent of its reach, believing that certain types of conduct (for example, area arrangements between competitors, requiring minimum pricing by retailers or exclusivity arrangements, loss leading pricing for the purpose of creating barriers to entry for competitors) were a necessary part of robust competitive rivalry in industries where in fact in many instances that conduct is illegal.
A. What are your thoughts about the breadth and extent of these laws?
B. Do you think that competition and consumer protection should be the subject of the same law?
C. How does compliance with these laws fit with your understanding of corporate social responsibility? Are the standards too high? To low?
Question # 6 ( Min 200 words )
As the world gets smaller and smaller, managers are more and more engaged internationally. However, as we cross boarders more than just the scenery changes – we encounter new languages, new cultures, new business structures, new laws and practices. How do ethics and culture relate to eachother? To what extent are our business practices a reflection of our culture? In the wake of recent economic crisis, how do cultures impact on the growth or decline of international commerce?
Question # 7 ( Min 200 words )
What is CSR(Corporate Social Responsibility), what contribution does it make, how do we know whether it’s worth it? Or are we too late? Perhaps CSR is dead, long live sustainability?
Question # 8 ( Min 200 words )
Enron was lauded for its CSR Activities prior to its collapse. In the 2008 article linked in the class materials Robert Murphy says:
“Now at this point, advocates of CSR and so-called sustainable energy policies might object. “No kidding,” they might say, “that the lying Enron also lied about its socially responsible policies. What else do you expect from greedy capitalists?” But there are two problems with this objection.
First, Enron really did engage in all of the “sustainable” practices that the environmental movement champions. Enron really did invest in wind and solar power, and really did lobby for renewable mandates and carbon dioxide emissions. So at the very least, Enron’s leftist critics should concede that it unwittingly did “the right thing,” though for ignoble reasons.
Second and more important, it wasn’t just Enron brochures that touted its green credentials. On the contrary, Enron received a climate protection award from the EPA, and a corporate conscience award from the Council on Economic Priorities. During the Kyoto meetings in 1997, Enron’s representative received an award from the Climate Institute on behalf of the company and CEO Ken Lay. To reiterate, the point isn’t that Enron fooled the genuine environmentalists, just as it had fooled investors. No, Enron really was doing everything that these activists desired from responsible businesses. Given their stated recommendations, these groups were correct to lavish praise on Enron.”
Is he right? Can Enron be seen as an ethical organisation? Reflect on the reasons for your response and what you have learned from considering the issues.
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