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12 German L.J. 1573 (2011)
Persuasive Authority beyond the State: A Theoretical Analysis of Transnational Corporate Social Responsibility Norms as Legal Reasons within Positive Legal Systems

handle is hein.journals/germlajo12 and id is 1600 raw text is: Persuasive Authority Beyond the State: A Theoretical Analysis of Transnational Corporate Social Responsibility Norms as Legal Reasons Within Positive Legal Systems By Michael Torrance A. Introduction The practice of law has been challenged by the promulgation of transnational norms associated with corporate social responsibility (CSR), arising beyond the State, with little or no connection to traditional sources of positive law. These phenomena, which we will refer to as transnational CSR norms, are increasingly important guides to behaviour for corporate actors, despite the fact that adherence to such norms is not required by positive legal systems. Perhaps for this reason, transnational CSR norms are typically poorly understood and possibly underutilized in the practice of law. The purpose of this paper will be to determine, by recourse to legal theory, whether, and if so how, transnational CSR norms may be related to positive legal systems, and therefore to the practice of law. In so doing, we will seek to develop a theoretical understanding of the role transnational CSR norms can, do, and ought to play within processes of legal reasoning, particularly from the theoretical starting points offered by analytical/ positivist, and discursive theories of law. Transnational CSR norms compose a set of evolving standards (sometimes referred to as soft law, ethical, or para-legal expectations) affecting corporate actors. The suggestion that transnational CSR norms possess any obligatory character in the nature of law arouses much controversy in the legal profession. This is particularly due to the voluntary nature of the commitments giving rise to such norms, by the corporations that Michael Torrance is a lawyer for Norton Rose Group whose practice includes advice on corporate governance and global business practices in relation to social and environmental risks, corporate responsibilityand sustainability. He can be contacted at michael.torrance@nortonrose.com. I Including but not limited to international standards of environmental performance, human rights, health and safety, employment/labour relations, and community and aboriginal relations, created and implemented by private actors without the direct involvement of the State. This definition will be elaborated upon below. 2 Remi Clavet, Governance, International Law & Corporate Social Responsibility, in INTERNATIONAL INSTITUTE FOR LABOUR STUDIES 1 (2008). 3 Id.

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