Corporate Social Responsibility: Regulatory, Civil, and Criminal Approaches
Enforcement authorities at home and abroad wield an array of criminal, civil, and regulatory tools to promote corporate responsibility in relation to governmental corruption and human rights violations. This course will review in detail DOJ and SEC enforcement of the Foreign Corrupt Practices Act (“FCPA”), building on this basis to discuss anti-corruption legislation in other countries and cross-border investigations. Turning back to the U.S., we will explore financial and trade regulation to promote good governance, including the U.S. sanctions and anti-money laundering regimes, securities disclosure-related initiatives to promote environment, social, and governance (“ESG”) goals, and import restrictions and customs enforcement. We will conclude with an examination of regulatory initiatives in other counties and regional organizations to promote corporate responsibility for human rights. We assess how well these regimes promote corporate responsibility and reduce corruption and human rights risks, and explore the differences between civil/criminal enforcement and regulatory approaches in terms of their aims and outcomes.