Private International Law for Corporate Social Responsibility

German National Reports on the 20th International Congress of Comparative Law, pp. 239-268, Martin Schmidt-Kessel, ed., Mohr Siebeck, 2018

Max Planck Private Law Research Paper No. 18/14

32 Pages Posted: 6 Nov 2018 Last revised: 7 Nov 2018

See all articles by Marc-Philippe Weller

Marc-Philippe Weller

Heidelberg University - Faculty of Law - Institute for Comparative Law, the Conflict of Laws and International Business Law

Leonhard Hübner

Heidelberg University - Faculty of Law - Institute for Comparative Law, the Conflict of Laws and International Business Law

Luca Kaller

Max Planck Institute for Comparative and International Private Law

Abstract

This report examines Corporate Social Responsibility (CSR) in Germany. To this aim, it first takes a closer look at the German definition of CSR as well as the enforcement of CSR rules by the German government and its agencies (at A.). It then assesses the ways in which CSR standards are or may be safeguarded in different areas of the law (at B.), and how, if issues arise, CSR disputes may be resolved outside of court proceedings (at C.). If court proceedings may, however, not be avoided, a number of issues arise. These are the focus of the last three sections of this report: It explores when German courts will have jurisdiction to adjudicate CSR cases (at D.), which law will be applicable (at E.), and, finally, under which circumstances foreign judgments on CSR issues may be recognised and enforced in Germany (at F.).

Note: This contribution is published in the Max Planck Private Law Research Paper Series with the permission of the rights owner, Mohr Siebeck.

Keywords: CSR Rules, Definition and Sources, Characterisation in Private International Law, Alternative Methods of Dispute Resolution, Jurisdiction, Applicable Law, Ordre Public, Soft Law, Current Cases on CSR Breaches, Recognition of Foreign Judgements

Suggested Citation

Weller, Marc-Philippe and Hübner, Leonhard and Kaller, Luca, Private International Law for Corporate Social Responsibility. German National Reports on the 20th International Congress of Comparative Law, pp. 239-268, Martin Schmidt-Kessel, ed., Mohr Siebeck, 2018; Max Planck Private Law Research Paper No. 18/14. Available at SSRN: https://ssrn.com/abstract=3275464

Marc-Philippe Weller

Heidelberg University - Faculty of Law - Institute for Comparative Law, the Conflict of Laws and International Business Law ( email )

Augustinergasse 9
Heidelberg, 69117
Germany

Leonhard Hübner

Heidelberg University - Faculty of Law - Institute for Comparative Law, the Conflict of Laws and International Business Law ( email )

Augustinergasse 9
Heidelberg, 69117
Germany

Luca Kaller (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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