Dissertation: Legal Operationalization of Corporate Social Responsibility. Specifically regarding Contract Law, Sales Law, Consumer Sales Law, Marketing Law and Company Law

Opponent: Professor Ellen J. Eftestøl, University of Helsinki and University of Oslo  

Examination Board:
Professor Johan C. Bärlund, University of Helsinki
Professor Gustaf Sjöberg, Stockholm University
Associate Professor Sandra Friberg, Uppsala University

Substitute: Professor Magnus Strand, Uppsala University

Chairperson of the public defence: Professor Daniel Stattin, Uppsala University

Abstract:
In this thesis, legal operationalization of corporate social responsibility (CSR) is explored. The main objective of the thesis is to explore and describe the possibilities for legal operationalization of CSR in contract law, sales law and consumer sales law, marketing law and company law. Legal operationalization requires, first, that CSR is anchored in law and, second, that there are mechanisms for enforcement available. In contract law, CSR is legally anchored when a CSR condition follows from a contract. In a Swedish sales law context, legal anchoring takes place when a buyer’s expectation regarding CSR is not met and this is considered a defect, fel. From a marketing law point of view, the possibilities to consider a CSR statement an unfair commercial practice are relevant. In a company law context, CSR is legally anchored when included in the articles of association, in an instruction from the general meeting or the board, in the board’s internal guidelines or in the remuneration guidelines of the company. An underlying, and supplementary, objective is to identify regulation on and illustrate the regulatory context of CSR. The findings in relation to the two objectives of the thesis offer a mapping of CSR in law, and a ground for comparative observations and further studies in law and CSR.