企业人力资本与企业绩效的实证分析

实证研究了我国上市公司企业人力资本与企业绩效的关系,分析了企业人力资本与企业绩效作用的机理。对不同的行业来说,企业人力资本与企业绩效都具有正相关关系;在同一行业内,拥有高人力资本存量的企业的业绩并不一定优于拥有低人力资本存量的企业业绩,不同的行业有不同的表现。     

企业人力资本与企业绩效的实证分析

实证研究了我国上市公司企业人力资本与企业绩效的关系,分析了企业人力资本与企业绩效作用的机理.对不同的行业来说,企业人力资本与企业绩效都具有正相关关系;在同一行业内,拥有高人力资本存量的企业的业绩并不一定优于拥有低人力资本存量的企业业绩,不同的行业有不同的表现.     

Seeking Legitimacy Through CSR: Institutional Pressures and Corporate Responses of Multinationals in Sri Lanka

Ethical debate exists on the effect of gender diversity of the top management teams (TMTs) on organizations. This study aims to contribute to this debate by analyzing the effects of gender diversity of TMTs on the relationship between knowledge combination capability and organizations’ innovative performance. We use a sample of 205 small- and medium-sized enterprises (SMEs) belonging to the sector of Spanish technology-based firms (TBFs). Our results indicate that gender diversity positively moderates the relationship between knowledge combination capability and innovation performance. Implications for theory and practice are discussed—among them, ways to contribute to more equal gender distribution and to the benefits of gender diversity in top management positions.     

Business and Human Rights in South Africa: An Analysis of Antecedents of Human Rights Due Diligence

The purpose of the present article is to analyse South African listed companies’ public reporting in order to contribute to our understanding of how and why companies consider human rights. The empirical analysis is placed in the context of the increasing prominence of human rights as a business issue, premised in part on the activities of the United Nations (UN) Special Representative of the Secretary General (SRSG) on human rights and business. On the basis of a content analysis of the public reports of the top 100 companies listed on the Johannesburg Stock Exchange (JSE), we test hypotheses focused on the antecedents of companies’ demonstrated human rights due diligence, with particular reference to assumptions or findings of the SRSG and institutional theory. Some of our results are unexpected: there is little influence exerted by the sector and size of companies in our sample, and there is also an unexpectedly insignificant impact of company participation in the UN Global Compact and the JSE Socially Responsible Investment Index. On the other hand, a key predictor of human rights due diligence is an explicit leadership commitment, and important roles are also played by government regulations and stock exchange listing rules.     

简析企业社会责任的人权维度与路径建构

企业失范乃至严重侵权行为频现表明企业社会责任理论因其概念模糊、企业中心主义、非强制性等理论缺陷未能有效指导企业治理。在国际工商业与人权议程中诞生的企业人权义务概念,具有概念确定性与开放性、目的价值性和不可分割性、非自愿性和可救济性,能在一定程度上解决企业社会责任存在的理论问题;同时,企业人权义务具有可操作性,能够通过国家和企业的共同行动得以实现。国家应当培养尊重人权的企业文化、确保纵横两向的政策一致性、提供基于国家的救济途径;企业应当做到政策承诺、人权尽责和及时补救。     

Corporate Social Responsibility and International Human Rights Law

The United Nations Special Representative on Transnational Corporations and Human Rights, John Ruggie, has adopted a new framework for considering this issue within the international legal system. This article examines this framework in terms of its coherence, its consistency with international human rights law and how it can be ‘operationalized’ (which is required by the United Nations). In regard to the states legal obligation to protect human rights, it is considered whether this obligation is broader and deeper than is envisaged in the framework, especially if it can include the extra-territorial activities of corporations. The corporate responsibility to respect human rights is examined in terms of its conceptual and definitional problems, and the article also questions whether there will be sufficient legal remedies available to victims under the framework.     

简析国际贸易中的人权问题

在经济全球化的今天,国际贸易与人权的互动关系日益受到关注,由于发达国家和发展中国家在国际贸易中有各自的利益诉求,使得双方冲突加剧,特别是关于人权方面的问题已成为双方争执的焦点。为了使得双方能获得共赢的结果,加强合作,完善相关制度,提高争端解决机制的效率,是切实可行的解决措施。     

Human Rights and the New Corporate Accountability: Learning from Recent Developments in Corporate Criminal Liability

The 3rd Report of the Special Representative of the Secretary-General of the United Nations appears to have generated significant consensus around its approach to business and human rights. This state of harmony relies mainly upon a narrow mandate limiting the endeavour largely to a mapping exercise. It also relies upon a process of ‘operationalisation’ that is yet to be undertaken despite the recent release of a 4th Report. After a brief presentation of the main parameters of the framework proposed by the 3rd Report and of its precarious advantage over other similar initiatives, this article takes a close look at the main link that needs to be operationalised: i.e. the link between corporate responsibility for human rights and the concept of legal and criminal responsibility. The article then addresses the constitutive elements of the concept of responsibility to shed light upon the responsibility of business organisations in a human rights law context. It looks at the innovative ways in which the concept of corporate criminal responsibility has been dealt with in various domestic jurisdictions and at the new paradigms of corporate agency resulting in the process. Building on this inquiry, the analysis focusses on the way in which the legal discourse acquires new dimensions of corporate responsibility by moving away from an individualistic perspective. On the basis of this, the article suggests conceptual tools that can become instrumental in the process of the operationalisation of the 3rd Report, albeit at the likely cost of rendering the consensus around it more fragile.     

Human Rights in Asia: A Selective Review of Problems and Responses

ABSTRACT

Asia, despite its financial crisis, continues to be a region of significant economic potential. Unfortunately, ongoing frictions with Western nations over human rights issues in Asia have clouded East-West commercial relations. In this paper, distinctions are drawn between economic and political human rights and these are examined within the contexts of four Asian countries: China, India, Burma/Myanmar and Indonesia. These nations' human rights records are reviewed within their wider political and economic contexts and with respect to Western reactions to them. International companies emerge as key players in monitoring economic rights within individual countries. Political rights are more complex and are best dealt with at national and supranational levels. Most countries are placing increasing emphases on constructive engagement policies.     

Responses to Legislative Changes: Corporate Whistleblowing Policies

Survey responses from Fortune 1000 firms were examined to assess whether firms changed their whistleblowing policies to response to changes in state statutes concerning whistleblowing. We predicted that firms might have created internal channels for whistleblowing in response to new legislation that increased their vulnerability to whistleblowing claims by employees. In fact, very few firms indicated that they had created their policies in responses to legal changes.     

Corporate Legitimacy as Deliberation: A Communicative Framework

Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy.Prof. Dr. Guido Palazzo is Assistant Professor for Business Ethics at the University of Lausanne (Switzerland). He graduated in Business Administration at the University of Bamberg (Germany) and earned his PhD in Political Philosophy (1999) from the University of Marburg (Germany). His research interests are in Corporate Social Responsibility, Corporate Branding, Democratic Theory and Organizational Ethics.Prof. Dr. Andreas Georg Scherer is director of the Institute for Organization and Administrative Science (IOU) and holds the Chair for Foundations of Business Administration and Theories of the Firm at the University of Zurich (Switzerland). He has published six books. His work has appeared in Academy of Management Review, Advances in Strategic Management, Business Ethics Quarterly, Journal of Business Ethics, M@n@gement, Management International Review, Organization, organization Studies, and in numerous volumes and German journals. Dr. Scherer is member of the editorial boards of Business Ethics Quarterly, Organization, and Organization Studies.     

Corporate Rights to Free Speech?

Although the courts have ruled that companies are legal persons, they have not yet made clear the extent to which political free speech for corporations is limited by the strictures legitimately placed upon corporate commercial speech. I explore the question of whether or not companies can properly be said to have the right to civil free speech or whether corporate speech is always de facto commercial speech not subject to the same sorts of legal protections as is the right to civil free speech. In the absence of clearly defined legal precedent, I emphasize moral reasons for determining the appropriate limits of corporate civil free speech. Appealing to arguments typically used to justify individual rights to civil free speech, I examine the extent to which this sort of justification may or may not be legitimately extended to corporations. I conclude that corporate rights to civil free speech must be restricted because granting rights of free speech to institutions may, in practice, undermine the moral rationale and practical feasibility of guaranteeing rights of civil free speech to individuals. Furthermore, I argue that granting corporations full rights to civil free speech will undercut attempts to develop good moral character in corporate institutions by undermining the efforts of watchdog organizations.     

Enhancing Corporate Accountability for Human Rights Violations: Is Extraterritoriality the Magic Potion?

The United Nations Guiding Principles on Business and Human Rights, resulting from the work of John Ruggie and his team, largely depend on state action and corporate good will for their implementation. One increasingly popular way for states to prevent and redress violations of human rights committed by companies outside their country of registration is to adopt measures with extraterritorial implications, some of which are presented in the article, or to assert direct extraterritorial jurisdiction in specific instances. Some United Nations human rights bodies and non-governmental organisations are clearly supporting the use of extraterritoriality and have argued that international human rights law places an obligation on states to embrace extraterritoriality so as to better control the activities of companies registered on their territories. In this context, the article aims to determine whether extraterritoriality is the magic potion that will help enhance corporate accountability for human rights violations committed overseas. The article explores whether such obligation exists and, beyond this, whether extraterritoriality should be further encouraged.     

Corporate Responses to Shareholder Activists: Considering the Dialogue Alternative

This empirical study examines corporate responses to activist shareholder groups filing social-policy shareholder resolutions. Using resource dependency theory as our conceptual framing, we identify some of the drivers of corporate responses to shareholder activists. This study departs from previous studies by including a fourth possible corporate response, engaging in dialogue. Dialogue, an alternative to shareholder resolutions filed by activists, is a process in which corporations and activist shareholder groups mutually agree to engage in ongoing negotiations to deal with social issues. Based on a unique dataset of resolutions filed by member organizations of the Interfaith Center on Corporate Responsibility from 2002 to 2005 and the outcomes of these resolutions, our analysis finds that corporate managers are more likely to engage in dialogue with shareholder activists when the firm is larger, is more responsive to stakeholders, the CEO is the board chair, and the firm has a relatively lower percentage of institutional investors.     

Shopping for Human Rights. An Introduction to the Special Issue

Globalization, free trade, and individualization have opened up a worldwide marketplace for trading goods. The fair trade movement and other political consumerist endeavours view consumers as important active holders of responsibility for global welfare. Civil society and governments strive to teach consumers how political consumerism can be used as a push factor to change market capitalism. The market itself can also create an interest in political consumerism and, thereby, teach consumers about the political responsibility embedded in their shopping choices. When this happens, the market works as a pull factor for securing human rights. Questions can be raised about the significance of political consumers as a way to solve complex global problems. Political consumerism may be a fair-weather option that loses its attractiveness in times of downward private and corporate economic spirals. Parts of the fair trade movement believe that there are problems with sole reliance on voluntary consumer choice and using personal money and private capital to solve human rights problems by shopping them away. The exponential growth of voluntary codes of corporate conduct and labelling schemes has also created contradictory practices, incoherence in efforts, and superficial changes or what activists call “sweatwash.” Increasingly, many actors call on international law to create new standards that apply direct human rights obligations on corporations.     

Corporate Reputation and Philanthropy: An Empirical Analysis

This paper analyzes the determinants of corporate reputation within a sample of large UK companies drawn from a diverse range of industries. We pay particular attention to the role that philanthropic expenditures and policies may play in shaping the perceptions of companies among their stakeholders. Our findings highlight that companies which make higher levels of philanthropic expenditures have better reputations and that this effect varies significantly across industries. Given that reputational indices tend to reflect the financial performance of organizations above other factors (Fryxell, G. E. and J. Wang: 1994, Journal of Management 20, 1–14) and that elements of the literature emphasise that discretionary aspects of social responsibility, including corporate donations, may not be in the financial interests of organizations (e.g. Friedman, M.: 1970, “The Social Responsibility of Business is to Increase its Profits”, New York Times Magazine, September 13), this is a significant finding. It suggests that philanthropic expenditures may play a significant role in stakeholder management and may, in particular, lead to stakeholders holding more positive impressions of philanthropic corporations.     

Corporate Moral Legitimacy and the Legitimacy of Morals: A Critique of Palazzo/Scherer’s Communicative Framework

The article offers a critical assessment of an article on “Corporate Legitimacy as Deliberation” by Guido Palazzo and Andreas Scherer in this journal. We share the concern about the precarious legitimacy of globally active corporations, infringing on the legitimacy of democracy at large. There is no quarrel with Palazzo/Scherer’s diagnosis, which focuses on the consequences of globalization and ensuing challenges for corporate social responsibilities. However, we disagree with the “solutions” offered by them. In a first step we refute the idea of a legitimacy of morals, maintaining that morality is a premodern mode of creating legitimacy. Even worse, moral is becoming a dangerous commodity under conditions of fundamental global disagreements and antagonisms. We secondly refute the concept of the “politicized corporation”, maintaining that Palazzo/Scherer disregard the consequences of functional differentiation of modern societies and, in particular, disregard the wisdom of political restraint and constitutional guarantees for the autonomy of different spheres of society. Finally, we refute a seemingly romantic notion of deliberation, maintaining that deliberation and deliberative democracy is a worthy idea, which, however, has no place in the real world of globalized contexts. On the other hand, we also find enough common ground and common concern with Palazzo/Scherer to validate a fruitful discourse. Prof. Dr. Helmut Willke holds a chair for State theory and Global Governance at the Department of Sociology of the University of Bielefeld, Germany. He has published eighteen books, and in 1994 has been award the (German) Leibniz prize. His research areas are systems theory, system governance, global governance and knowledge management. Prof. Dr. Gerhard Willke is professor of economics at the University of Applied Sciences at Nuertingen, Germany. He has published six books and numerous articles. His research areas are economic theory, theory of capitalism, political economy and employment policy.     

Corporate Social Reporting in the European Context and Human Resource Disclosures: An Analysis of Finnish Companies

This paper explores by means of content analysis the extent to which the Finnish biggest companies have adapted socially responsible reporting practices. The research focuses on Human Resource (HR) reporting and covers corporate annual reports. The criteria has been set on the basis of the analysis of the documents published at the European level in the context of corporate social responsibility (CSR), paying special attention to the European Council appeal on CSR in March 2000. As CSR is a relatively new concept in Finland, the paper also contributes to the discussion on interface between HR reporting (especially as based on measurements such as Human Resource Accounting and Intellectual Capital schools) and corporate social reporting practices. The results of the content analysis indicate that social reporting practices are still at an early stage of development in Finland. The most reported theme was ‘training and staff development’. A positive sign was that the majority also disclosed themes ‘participation and staff involvement’ and ‘employee health and well-being’. Furthermore, nearly one-third made references to their work atmosphere or job satisfaction survey. However, disclosures lacked overall consistency and comparability with each other and especially quantitative indicators were disclosed by few. Further concern was lack of information related to the theme equal opportunities and going beyond a sheer disclosure of age or gender structure. The other issues rarely disclosed were those related to employee work–life balance and integration of disadvantaged groups in the labour markets.     

Criteria for Evaluating the Legitimacy of Corporate Social Responsibility

The goal of this paper is to provide a general discussion about the legitimacy of corporate social responsibility. Given that social responsibility projects entail costs, it is not always obvious under what precise conditions managers will have a responsibility to engage in activities primarily designed to promote societal goals.In this paper we discuss four distinct criteria for evaluating the legitimacy of corporate projects for institutionalizing social responsibility:(1) local knowledge(2) level of responsibility(3) shared consensus, and(4) relationship to financial performance.We conclude our discussion by noting that in those cases where the firm possesses knowledge about a specific problem and its solution, is directly responsible for causing harm, where a shared consensus among all relevant stakeholders exists, and financial performance will be enhanced, social responsibility projects are ideal. Obviously, no program will meet all of the criteria. In fact, our model specifically suggests that there is often a trade-off between the first three criteria and the last. For example, in those situations where the corporation directly imposes harm on third parties, and where a high degree of consensus exists among all stakeholders, there is little need to link the social responsibility program to financial performance. By contrast, as the corporation seeks proactive solutions to problems which are only incidental to the corporation, and where little consensus exists, the predicted relationship to financial performance becomes more crucial. By formally examining the trade-offs among these four criteria we more fully understand the complex relationship between social responsibility and financial impacts.     

Business Policies on Human Rights: An Analysis of Their Content and Prevalence Among FTSE 100 Firms

The new millennium has witnessed a growing concern over the impact of multinational enterprises (MNEs) on human rights. Hence, this article explores (1) how wide-spread corporate policies on human rights are amongst large corporations, specifically the FTSE 100 constituent firms, (2) whether any sectors are particularly active in designing human rights policies and (3) where corporations have adopted such policies what their content is. In terms of adoption rates of human rights policies, evidence of exemplary approaches in individual companies contrasts with a less satisfactory engagement pattern across the sample, as 42.8% of firms do not seem to address human rights at all. With regard to the content of corporate human rights policies, the study found shallow commitments to dominate, where companies focus on a narrow range of negative rights, i.e. on respecting human rights, rather than positive ones, i.e. initiatives to protect or fulfil human rights.