The Organizational Dynamics of Compliance With the UK Modern Slavery Act in the Food and Tobacco Sector.Alexandra Andhov,Nadia Bernaz &David Monciardini -2021 -Business and Society 60 (2):288-340.detailsEmpirical studies indicate that business compliance with the UK Modern Slavery Act is disappointing, but they struggle to make sense of this phenomenon. This article offers a novel framework to understand how business organizations construct the meaning of compliance with the UK Modern Slavery Act. Our analysis builds on the endogeneity of law theory developed by Edelman. Empirically, our study is based on the analysis of the modern slavery statements of 10 FTSE 100 (Financial Times Stock Exchange 100 Index) companies (...) in the food and tobacco sector, backed by interviews with business, civil society, and public officers. We offer a dynamic model that draws attention to the role of compliance professionals in framing ambiguous rules and devising a variety of organizational responses to modern slavery law. Contrary to extant research that tends to praise organizations for going “beyond compliance”, our study underlines the risks of managerialization of modern slavery law, whereby merely symbolic structures come to be associated with legal compliance, even when they are ineffective at tackling modern slavery. (shrink)
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Torn between Legal Claiming and Privatized Remedy: Rights Mobilization against Gold Mining in Chile.Rajiv Maher,David Monciardini &Steffen Böhm -2021 -Business Ethics Quarterly 31 (1):37-74.detailsABSTRACTMany academic authors, policy makers, NGOs, and corporations have focused on top-down human rights global norm-making, such as the United Nations Guiding Principles for Business and Human Rights. What is often missing are contextual and substantive analyses that interrogate rights mobilization and linkages between voluntary transnational rules and domestic governance. Deploying a socio-legal approach and using a combination of longitudinal field and archival data, this article investigates how a local, indigenous community in Northern Chile mobilized their rights over a period (...) of almost two decades. We found that rights mobilization was largely shaped by tensions between the different logics of legality and the business organization. In our case, the UNGP implementation process has been ineffective in giving rightsholders access to genuine remedy. On the contrary, it has led to weakened rights mobilization, dividing the local community. We conclude that greater attention to rights mobilization and domestic governance dynamics should be given in the business and human rights debate. (shrink)
The Regulatory Dynamics of Sustainable Finance: Paradoxical Success and Limitations of EU Reforms.Hanna Ahlström &David Monciardini -2021 -Journal of Business Ethics 177 (1):193-212.detailsThe financial sector has seen a transformation towards ‘sustainable’ finance particularly in Europe, driven also by unprecedented regulatory reforms. At the same time, many are sceptical about the real impact of these reforms, fearing that they are triggering a paradoxical financialisation of sustainability. Building on recent research on institutional logics and institutional fields formation, we examine changes in the EU regulatory dynamics as characterised by shifts in framing the relationship between sustainability and finance. Deploying a longitudinal approach, consisting of archival (...) data and semi-structured interviews, we explore the development of EU sustainable finance regulation as an extended, interactive and contested process. Specifically, we suggest that regulatory dynamics depend on the hybrid configuration of the social constituencies supporting sustainable finance reforms and on shifts in the overall prevalence of the financial logic in society. Our paper sheds light on the inherent contradictions and limitations of sustainable finance as a means for transformative sustainability reforms. (shrink)