Daniel A. M. ShayoDie Behandlung von Maßnahmen der Corporate Social Responsibility im deutschen und tansanischen Gesellschafts- und Wettbewerbsrecht

About this book deutschenglish

Corporate Social Responsibility (CSR) emphasizes the responsibility of enterprises to the stakeholders in the value creation process, including the shareholders, employees, suppliers, customers, the public and the environment. Recently, governments, enterprises, civil societies and the non-governmental organizations have found a strong recourse on the adoption of CSR as a regulation concept. However, there are so far few researches on how the law can be used to promote and enforce CSR.

In this book, it is said that the concept of CSR may come into conflict with the existing laws because the adoption of the CSR-Standards, and its connected measures have an impact on various legal positions. Thus, on one hand, the legal frameworks may promote or impede the adoption of CSR. The German Stock Corporation Act (Aktiengesetz (AktG)) and the Tanzanian Companies Act 2002 (CA) are examined in this aspect. On the other hand, the conducts and measures that are connected to the adoption of the CSR-Standards in an enterprise may also lead to violations of laws. In relation to the violations of the competition laws in Germany, the Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen (UWG)) and the Act Against Unfair Competition (Gesetz gegen unlauteren Wettbewerb (GWB)) may be used to sanction the restraints of competition and the misleading conducts and practices which are connected to CSR. Likewise, the Fair Competition Act (FCA) may be used for the same purpose in Tanzania. Thus, a critical and comprehensive discussion of the general theories and approaches of the company law with focus on the German Stock Corporation Act (AktG) and the Tanzanian Companies Act is held, in order to determine the facilitation, obstacles, powers and limits available in the company and commercial law in relation to the adoption of CSR. At the same time, the applicable EU legal documents, especially, the Directives 2003/51/EC and 2014/95/EU, including their impacts on the German Commercial Code (HGB) and on the German Stock Corporation Act (AktG) are discussed.

Moreover, the limits of competition law on the CSR-Concept are presented clearly, catchy and in the breadth and width according to the Act Against Restraints of Competition (GWB), the Act Against Unfair Competition (UWG) and the Tanzanian Fair Competition Act. Likewise, the relevant EU legal documents, especially the Treaty on the Functioning of the European Union (TFEU), the Unfair Commercial Practices Directive (UCPD) and the Misleading and Comparative Advertising Directive (MCAD) are also discussed. With the use of concrete examples, the anti-trust related competition restraints, which may be connected to the CSR-Concept are critically assessed. Similarly, the misleading practices, which may be connected with the CSR-Concept are analyzed by using case configurations. Generally, the comparison between Tanzania and Germany opens the view for new approaches, especially for Tanzania.

This book is a contribution to the literatures on law and CSR. It will be helpful to the scholars, researchers and the advanced students with the interest in company, commercial and competition law.

Ihr Werk im Verlag Dr. Kovač

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