CORPORATE SOCIAL RESPONSIBILITY A COMMERCIAL LAW PERSPECTIVE

http://dx.doi.org/10.31703/glsr.2022(VII-II).03      10.31703/glsr.2022(VII-II).03      Published : Jun 2022
Authored by : Naheeda Ali , Kanwal Iqbal Khan

03 Pages : 26 - 35

    Abstract

    The disparity between the affluent and the poor in Pakistani society has widened. Although the state's "invisible hand" control is the cause of sustainability, there are numerous places where it may be improved. This study investigates the tight relationship between Commercial laws, social responsibility, and systematic development of corporate social responsibility (CSR) from a commercial law viewpoint. It also examines a correlation between CSR and Corporate Governance about Corporate Financial Performance, as well as the impacts of corporate strategies, Board resolutions, and decisions on corporate performance through various aspects of the 4Ps (People, Purpose, Process, and Performances). The study concludes that we can only get better results by combining all with the law, mainly through CSR activities. This research aims to enhance Pakistan's long-term commercial and social growth.

    Key Words

    Corporate Social Responsibility, Corporate Governance, Financial Performance, Commercial Law, Corporate Strategies, Board Resolutions, Social Growth.

    Introduction

    The prevailing consensus is that businesses should take on social responsibilities (John et al., 2022). To pursue their Commercial gains, the CSR system demands firms create profits and accept responsibility for their employees, consumers, and society. Enterprises are driven by efficiency, but to invest a certain amount of time and money in assuming a certain level of social responsibility, they need a sound social system and a standardized corporate system to guide them and a strong sense of social responsibility among their leaders (Portney, 2008). Pakistani businesses have not made significant progress in taking social responsibility as the times have progressed, but their current status is pathetic.

    CSR research and comparisons to Japan's current CSR system are critical for Pakistan's CSR progress. Although academic study on CSR in Pakistan has not made considerable progress, research on the CSR system in Pakistan is in its infancy. Businesses are focused on maximizing profits while ignoring societal responsibilities, which has resulted in mass time events such as "network security incidents" and "hazy weather." The question of how to create a social responsibility framework for businesses and get them to take on more social responsibility has become a severe subject in society today (García-Sánchez et al., 2022). However, the current state of corporate social responsibility (CSR) is not encouraging, and it is an issue that we must address immediately (Muniz et al., 2019).

    The capital market economy and businesses are constantly seeking the maximization of corporate interests while ignoring the problem of CSR. Some individuals believe that assuming CSR is. Although it is a social, moral issue, it is also a legal matter intimately tied to Commercial law. The need to study CSR from the perspective of Commercial laws is argued in this paper. This study was produced from this idea and is based on Commercial law. It is intended that the findings of this article would aid in the enhancement of Pakistani companies' social responsibility (Orazalin, 2019).


    Corporate Social Responsibility 

    Every business seeks to expand to increase profits. On the other hand, companies are accountable for their influence on people and the environment. Stakeholders, workers, consumers, investors, suppliers, business partners, government, and community are all included in "people." They are all connected by the business and create a social circle (Kuna-Marszalek & Klysik-Uryszek, 2020). The firm must be socially responsible for remaining competitive and productive. Every company has two sorts of assets: There are two types of assets: tangible assets, which are those that are in the form of physical objects, and intangible assets, which are those that are tied to CSR or social dividends (Khan & Mushtaq, 2020). Both are considered while determining the value of the firm. However, in an environment characterized by intense competition, firms stand to benefit from the goodwill garnered from successful CSR actions. CSR urges businesses to operate in the public interest by fostering community growth and development, mainly when extractive industries and local resources are used (Asongu et al., 2019).

    They are maintaining moral standards in commercial dealings for the greater society. They provide a positive response to social goals and expectations while maintaining a healthy balance between the interests of shareholders and the greater community, demonstrating social responsibility as a citizen. In contrast to the focus of CSR, which is just on societal welfare, the obligation for businesses extends to both the generation of new wealth for the maintenance of existing social order (Ali & Khan, 2022a). CSR is used as a tool for businesses. to achieve their purposes and goals its policies for the long term when the organization first establishes these things (Carroll et al., 2010). CSR demands companies to understand the financial, ecological, and social aspects of their procedures and corporate governance to realize the possible benefit of this trend. The concept of "People, Planet, and Profit" is intrinsically linked to the idea of " CSR." The Triple Bottom Line is a paradigm for assessing the performance of a corporation about economic, environmental, and social factors. " CSR " refers to a business's positive pledge to affect the economy positively. CSR benefits businesses and their workers, customers, communities, and society (Farooq et al., 2021).

    William C. Fredrick was a pioneer in defining what constitutes " CSR." According to him, the term "social responsibility" refers to the obligation of businesses to ensure that operations of economic systems live up to standards set by the public and that the means of production and distribution in the economy work to improve the socio-economic well-being of the world a whole. Social responsibility involves a public attitude toward society's economic and human resources and the desire to ensure that these resources are utilized for broadly defined communal purposes rather than narrowly defined individual interests (Lin et al., 2019).


    Legal Framework for Corporate Social Responsibility

    Since the 1950s, there has been some iteration of what is now known as CSR. Many other names may characterize it, including corporate responsibility, responsible business, corporate citizenship, and sustainable, responsible company. For instance, Bowen (1953) said that "businessmen have compulsions to follow all guidelines, make those judgements, or follow those courses of action which are appropriate in terms of goals and values of our society". Since the 1950s, there has been a significant expansion in both the capabilities and sizes of businesses all over the globe; nonetheless, the concept that corporations should have goals in addition to financial gain has not changed. In the current business scenario, CSR refers to the obligation of companies to include, in some shape or form, programmes and initiatives that promote good social change in the areas in which they do business. Businesses would be equipped with built-in, self-policing mechanisms to adhere to all applicable legal requirements, ethical guidelines, and international treaties in a perfect world. It is dependent on businesses to independently follow public and social benefits by utilizing their capital to aid in expanding societies by willingly eradicating harmful behaviours for community repercussions, irrespective of whether or not these behaviours are legal. This system is called enterprise social responsibility (Jain et al., 2021).

    According to this concept, CSR cannot be mandated by law and regulations at every administration stage. Doing so suggests that businesses are required by law to conduct themselves in a particular manner. Implementing a legal framework obligating firms to participate in CSR would be analogous to improving labour laws or the imposition of levies to construct infrastructure. CSR would be fundamentally altered if it were enforced since it would become a point of political and legal linkage between corporations and the government. As a direct consequence of this, CSR must function independently of any robust regulatory framework, focusing instead on fostering ethical behaviour rather than mandating it. It obliges companies to conduct themselves honestly in settings where the laws do not apply (Pérez et al., 2021).

    There is currently no statutory structure in Pakistan that assures CSR (CSR). This essentially suggests that CSR legislation pertains to either fundamental labour laws that concern the health and safety of workers, operational guidelines that encourage the incorporation of CSR into decision-making, or standards and regulations that make it possible to monitor CSR if it is put into practice. CSR is an entirely voluntary approach that promotes and supports businesses to participate in community development initiatives for goodwill and acknowledgement of their brand. Since of this, governments are unable to impose CSR because it is a purely voluntary approach (Amor-Esteban et al., 2021). If there is a well-defined legal framework, businesses will have greater faith in their ability to participate in CSR. It is also essential to protect beneficiaries of CSR from unethical business practices. This may be accomplished by ensuring that money spent in any industry is subject to stringent oversight, which the government of Pakistan has started to do. The Securities and Exchange Commission of Pakistan (SECP) and the State Bank of Pakistan are responsible for the bulk of regulations governing CSR in Pakistan. As a result, Pakistan's legislative framework for CSR is fragile. In addition, Pakistan has several labour regulations and constitutional provisions that, taken together, may be seen as the legal foundations for CSR. Even though Pakistan does not have any specific laws regulating CSR, the country does have several regulations that contribute to CSR in one way or another. Laws about corporations, the environment, workers, and consumers are all included in this category (Afhami, 2021).

    Constitutional Law

    According to the Pakistani Constitution's Section II: Fundamental Rights & Principles Policy, it is required that every type of slavery, forced labour, and child labour be eliminated before anything else can be done. The employment of children less than fourteen years old in any hazardous industry, mining, or vocation is expressly prohibited under Article 11(3) of the Constitution. Article 37(e) ensures that working conditions are reasonable and humane, including a guarantee that Children and women are prevented from working in jobs unsuitable for either their age or gender. Working mothers are offered maternity leave and other benefits. In addition, the provision of maternity benefits for working women is mandated. Realize equality, the final requirement of the constitution, Article 38, requires that the government of Pakistan be responsible for the welfare of all of its people, irrespective of gender, caste, creed, or ethnicity. The protection of the children's rights and women's rights, which are disproportionately susceptible to manipulation at the workplace, is a fundamental component of CSR, reflected in these constitutional provisions (Ali & Khan,  2022). They are restricted in that they ban employers from acting in specific ways rather than pushing firms to promote welfare by actively investing in their business areas. This limitation makes them less effective than other forms of labour regulation. Because of this, they are far less successful than other methods of labour control.


    Labour Laws

    The Factories Act of 1934 places comparable limitations on the employment opportunities available to employees. It specifies that no adult worker, defined as someone who is at least 18 years old, may be forced or authorized in any organization to put in more than nine hours of effort per day and more than 48 hours per week. 72 is the maximum number of hours that a worker who is an adult can put in during a given week. In an identical vein, no one under the age of 18 may be forced or authorized to labour for more than seven hours in a single day or a combined total of 42 hours in a single week. This is the case for jobs in industrial labour that consistently need the participation of ten people or more. In addition to this, it grants provincial governments the ability to increase the number of employees subject to the act's limits to five. These guidelines apply only to those employed in manufacturing and their shift schedules. Like the constitutional principles described, they do not impose a more extensive definition of CSR than the immediate working conditions of workers, which is one way they are similar to the stated constitutional principles. While the currently applicable labour standards do not include CSR, they cover protecting employees' health and safety.


    Code of Corporate Governance

    According to the Corporate Code of Governance, which the SECP released on March 28, 2002, it is required that information on major concerns be sent to the different directorial boards for consideration before decision making. Code intends to define the system in which the directorial board of publicly listed corporations are forced. However, nominally, consider several social problems when making decisions about the company's operations. Accidents, detrimental existences, cases of contamination and ecological challenges affecting listed firms are illustrations of essential concerns (Attanasio et al., 2022). Other examples of substantial issues include that the corporation must be informed of every probable communal and product, obligation, entitlement and any unfavourable judgement or decision issued against the behaviour of a listed company or against any other firm that may hurt the listed company. Lastly, it is required that the company be informed of any potential public or product liability claims. In addition to this, it mandates that boards of directors must recognize the existence of labour relationships or conflicts and consider a variety of potential resolutions. Every active Labor Union or Collective Bargaining Agent (CBA) be assessed, including any character flaws that might harm the listed company (Nave & Ferreira,  2019).

    In addition to this, SECP devises a structure for the corporate and financial reporting included in directors' reports to shareholders. Accordance with section 236 of the Companies Ordinance, 1984, states as follows: Substantial strategies and decisions, like corporate reformation, business development, and termination of procedures, shall be drawn along with listed companies' future predictions, hazards, and uncertainties," these regulations required the directors of listed companies to include statements in their annual reports. The primary purpose of the SECP code of conduct is procedural, and it mandates that social contemplations be taken into account at least throughout the whole corporate decision-making process. This rule is compatible with the essence of CSR, which is that it is a voluntary effort on the part of companies, even though it does not demand action (Reinhardt et al., 2008).


    Prudential Regulations

     State Bank of Pakistan carried out the selection of prudential procedures on the 31st day of the first month of 2009. Both of these, corporate banking and how CSR should be regarded, are the topics that are covered here. They are intended for use by the boards of directors and executives of corporations. The board is accountable for validating and controlling the organization's specific goals, techniques, and business operations initiatives and ensuring that the organization's processes are performed cautiously regarding guidelines of current laws and more excellent corporate ethics. In addition, the manager has to make sure the organization's operations are performed prudently within a framework of existing laws and regulations. When making any donation or contribution for human, societal, educational, or public well-being, banks and Development Finance Institutions (DFIs) must observe the following requirement by Regulation 3, which governs benevolent, societal, academic, and general well-being charities and donations (Portney, 2008).

    ? During the year, all donations given by banks/DFIs shall not exceed the amount allowed by their Board of Directors. 

    ? The bank/DFIs shall keep records of all donations/contributions. Additionally, in their annual audit financial statements, 

    ? The banks and DFIs must specifically report the total donations and contributions made throughout the year and the names of contributors whose total donations and contributions year exceeded Rs. 100,000. Additionally, the banks and DFIs must report the real money donated and contributed during the year. This requirement is in place to ensure transparency. Suppose a gift is received in which any director or members of that director's family have an interest. In that case, it is required that those directors' identities, the claim they have in the contribution, and the names and addresses of all contributors be made public.

    This kind of legislation is designed to monitor CSR operations, most commonly to prevent donor bribery. Similar requirements may be found in the "Companies (CSR) General Order 2009" issued by the SECP. By section 2, "any corporation shall submit descriptive and financial disclosures of its CSR efforts during each financial year." It places the board of directors' duty to include disclosure of actions related to CSR in the annual audit report. Corporate philanthropy, energy conservation, environmental protection measures, community investment and welfare schemes, consumer protection measures, welfare spending for under-privileged classes, industrial relations, employment of particular persons, occupational safety and health, business ethics and anti-corruption efforts, national-cause donations, contribution to the national exchequer, rural development programmes are some of the areas that fall under this category. However, this list is not exhaustive of the areas under this category.

    The CSR activities include corporate philanthropy, energy conservation, environmental protection measures, community investment and welfare schemes, consumer protection measures, welfare spending for under-privileged classes, industrial relations, employment of notable persons, occupational safety and health, business ethics and anti-corruption measures, national-cause donations, contribution to the national exchequer and rural development programs. This order's reach is restricted since it merely delivers supervising machines; yet, it is significant because it presents broader legal definitions of CSR and fosters clarity for the firms involved.

    Multi-stakeholders Initiatives and Active Organizations Promoting CSR

    In Pakistan, multiple local and global organizations are working to raise awareness about the benefits of CSR to both consumers and corporations. In Pakistan, the idea of CSR  is still in its infancy. It has not yet developed where corporate executives and the entire population are aware of their obligations toward shared responsibilities. In other words, the concept has not yet reached full maturity. Before CSR can be considered fully developed in Pakistan, there is a need to happen. As time goes on and the country's economic indicators continue to be steady, CSR will become more widespread (Di Vaio et al., 2022). Many businesses initiate CSR associated projects as CSR responsiveness has improved over the preceding decade, and CSR is increasing at a modest but consistent pace. The most important government and non-government organizations operating in this area are listed as follows:

    ? The Ministry of Commerce 

    ? The State Bank of Pakistan (SBP)

    ? Chambers of Commerce and Industry, Pakistan (CCIP)

    ? Global Initiative Reporting (GRI)

    ? Securities and Exchange Commission of Pakistan (SECP) 

    ? Pakistan Centre for Philanthropy (PCP)

    ? Pakistan Compliance Initiative (PCI) 

    ? Organizations for International Worker Cooperation (ILO)

    ? The Initiative for Responsible Business Conduct (RBI)

    ? United Nations Industrial Development Organization (UNIDO); 

    ? United Nations Development Programme (UNDP) 

    ? The Institute of Cost and Management Accountants of Pakistan (ICMAP)

    ? The Institute of Chartered Accountants of Pakistan (ICAP) 

    ? Pakistan's National Commission for Human Development (NCHD)

    ? The Global Compact Foundation (GCFP)

    Following organizations worked to broaden the opportunity for CSR within Pakistan in respective areas of specialization. Laws and codes of behaviour are now being drafted by the SECP, the SBP, and the Ministry of Commerce. In terms of CSR implementation, the function that the Chamber of Commerce and Industry plays to fill a gap between global demands and local realism and gaps is unique. Research and information distribution about CSR are being made possible by organizations like OXFAM, RBI, and the United Nations Development Program (UNDP). The ILO will monitor labour issues, while the GCFP will be responsible for signing agreements. Various other organizations, including NPOs and NCPs, are active in the environmental area. One or more of these firms can manage all four areas of CSR.


    Supply Chain Analysis

    The effects of globalization on trade and business settings and trends and trade relations and commercial practices in a global context have been considerable. Globalization has also had a significant influence on the transformation of trade relations. In today's world, significant shifts are occurring in production processes and cost structures and the attitudes of various stakeholders, ranging from consumers to legislators. The need to adopt new business development concepts, such as CSR and its implications on supply chains, is becoming more and more apparent to companies as they become more conscious of this requirement. The Value Chain Analysis (VCA) provides a critical linkage between the description of CSR and the influence of the observations and expectations of stakeholders on the overall performance of a firm. VCA, or more specifically 'global' VCA, refers to enhancing the presence of a company or industry in worldwide marketplaces. In the context of CSR, "it can refer to efforts by corporations to address shortcomings in the communities in which they operate and to using such initiatives to maintain a worldwide competitive edge," and "it can also refer to using such initiatives to maintain a worldwide competitive edge." Because the actions of stakeholders, such as the implementation of CSR laws and regulations, will directly influence many parts of any business's value chain, value chain analysis (VCA) is an essential component of comprehending the CSR repercussions that may be found in any industry (Attanasio et al., 2022). Compared to a developed economy, Pakistan's effect on the value chain is far less significant. Due to a lack of maturity in understanding global business impacts and sustainable practices, one of the primary factors that cause CSR to impact supply chains significantly, this drive is less prevalent in Pakistan. This is one of the main reasons why CSR has such an effect on supply chains. CSR has a substantial impact on supply chains for several reasons, one of the most important of which is the demand of stakeholders for environmentally responsible business practices, which affects the company’s supply chain in question (Yan, 2019).


    Relationship between Commercial Legislations and Social Responsibility

    Consistency of Commercial Law's Social Interest-Based Root with CSR

    Commercial laws regulate interests similar to those of other legal departments in the Pakistani legal system, but the focus is distinct. Administrative law governs particular executive connections, referring to the different relationships originating from the use of authority by state administrative institutions, as we all know. Commercial rules are based on social orientation (Portney, 2008). They adjust a commercial relationship, but not all commercial relationships are changed by the commercial law, which only solves macro commercial and micro commercial relationships formed by the government in the course of regular commercial coordination, implying that the commercial rules have a scope of adjustment object that only adjusts specific commercial relationships, not other Commercial relationships. It only governs clear commercial ties; it does not regulate other non-commercial relations. When Commercial laws are founded on a general attitude they must protect the broad overall interests and focus on the overall situation to accomplish society's sustainable growth by finding a golden spot between the broad general interests and personal ambitions (Di Vaio et al., 2022).


    Consistency Between Commercial Law's Value Orientation and CSR

    In layman's words, the worth of anything indicates that it is valuable to us, and Commercial laws are no exception. People's requirements range from person to person, and each individual's demands are frequently different from those of others. Hence the value of commercial laws can take numerous forms. In commercial law, the importance of Pakistan's Commercial laws is evidenced in the cohesiveness of substantive justice, social efficiency, commercial liberty, and commercial structure, similar to the ethical behaviour that corporates undergo. If entrepreneurs genuinely need to experience the correlating social responsibility, they must also accomplish the above (Maon et al., 2019).


    Commercial Law's Function of Balance and Coordination with CSR

    Unlike other legal instruments, which are more precise

     and singular in terms of objects and objectives, commercial laws are a broad category that focuses on the coordination of commercial subjects' interests to accomplish a suitable distribution of society's finite resources. In real life, commercial progress necessitates government agencies allocating the limited resources of the entire community within the legal framework to achieve efficiency and justice (Portney, 2008). Understand this point, the government need a suitable strategy and powerful adjustment instruments, which Commercial laws may provide since, based on its features, it has a strong comprehensive, balanced, and assured coordination. As a result, most effective way for the government to make social and Commercial development. Smooth and fast while keeping social conflicts within a manageable range is for it to use the powerful weapon of Commercial laws to make a reasonable allocation of limited social resources, thereby resolving social disputes and promoting the harmonious development of the economy and society (Awan, Khattak, & Kraslawski, 2019).


    Coherence Between Commercial Laws Unique Adjustment Approach and CSR

    The intrinsic meaning of Commercial laws is congruent with the social obligation that businesses should undertake, as shown in the preceding discussion. Like other laws, Commercial laws have their own set of adjustment objectives and techniques. We will concentrate on the extraordinary adjustment approach of Commercial law, which is a combination of punitive and advocacy measures with a very flexible operation. Commercial law's function is to secure the national economy's stability and proper operation. Due to the variety of the country's Commercial growth, Commercial laws use a combination of directing, guiding, and encouraging techniques in modifying the national economy (Khan et al., 2020).

    A Review of CSR in the Real World

    The Current State of Corporate Social Responsibility in Pakistan

    In terms of Commercial laws, do Pakistani businesses need to take on social responsibility?

    Technological innovation is evolving rapidly, generating fundamental changes in many sectors of society, and businesses, as key participants in the market economy, should take on more social obligations. Of course, there were many opposing voices when we raised this issue, arguing that enterprises, as civil and co, should assume more civil and commercial responsibilities but not social responsibilities because we all know that enterprises should take social responsibilities, which means paying more to society. From the standpoint of Commercial law, we feel that it is more urgent and urgent to have companies undertake matching social duties based on this mistaken perception. Lack of attention to CSR, and we have done even less to think about this subject from the standpoint of Commercial laws, significantly contributing to these critical commercial subject societal issues. As a result, there is no question that Pakistani businesses must exercise social responsibility in light of the current environmental crisis (Sama et al., 2019).


    A New Approach to Corporate Social Responsibility in Pakistan

    The issues above with Pakistani businesses fulfilling their social responsibilities are essentially the responsibilities businesses should take on in the conventional sense. In 2016, three worldwide social responsibility standards went into effect, introducing new obligations and indicating new paths for Pakistani businesses to take on social responsibility. The following are the particular contents:

    ? Increase awareness of corporate green obligation and expedite the development of SCR.

    ? The reduction of poverty is an essential manifestation of SCR.

    ? Implementation of SCR poses additional challenges.

    ? Take part in global governance and encourage the development of international social responsibility.


    Pakistan's Legal Framework for CSR

    The Company Law currently only contains broad provisions that state that enterprises cannot violate the provisions of laws and regulations in production and operation. Cannot violate society's public order and morality and must accept society's supervision and bear the corresponding social responsibility. Pakistan's Labour Law and the Supreme Court's Interpretation on various matters regarding the enforcement of law and in the trial of Labour cases are primarily concerned with fortifying employees' rights and welfare (Attanasio et al., 2022). The ethos of preserving the rights of the vulnerable, on the other hand, accords with the core of CSR. It is critical to ensure food safety following the introduction of the new Food Safety Law. The present food safety issues in Pakistan have grown frightening, posing a significant risk to people's lives. The new Food Safety Law strengthens the consumer's right to compensation for food-related ailments by allowing customers to seek compensation from the seller and the food manufacturer (Amor-Esteban et al., 2021)

    Legal Framework for CSR

    Creating an Ideal Commercial Legal Framework

    Enterprise social responsibility is more dependent on morals in Pakistan's current national circumstances. The Company Law, the Fortification of Consumer Rights, Product Quality Law, Environmental Protection Law, Labour Law, Law on Enterprises Owned by People, the Law on Partnership Enterprises, and the Law on Sole Proprietorship Enterprises are all places in the legal system where social responsibility of businesses should emphasize (Ali & Khan, 2021). On the other hand, these laws contain few direct provisions, and even when they do, they are out of date and have little impact. As a result, the legal framework for achieving a balance between CSR and the pursuit of justifiable interests must be clarified. This section should be emphasized in future legislative directions so that the content of CSR is clear and defined, and execution is simple and effective (Amor-Esteban et al., 2021).


    Improving Legal Compliance

    There are numerous oaths and few punishment clauses in our existing legislation, and the punitive provisions aren't powerful enough. Because the cost of breaching the law for many businesses is far lower than the advantage they may obtain from breaking the law due to these two reasons, it does not serve as a warning or accomplish the societal effect as we hope. Furthermore, even if the direction is clear, faultless legal provisions do not guarantee that businesses will be able to meet their legal and social obligations (Pérez et al., 2021).


    Strengthen Legal Oversight and Incentive Mechanisms

    This article contends that, while considering its unique national circumstances, Pakistan may benefit from the rich experience of other nations and develop a CSR system that is essentially by global social responsibility standards. Many international firms have come to Pakistan, but not much contribute to development due to the un -extensive supply of the primary sources and the expansion of Commercial globalization, and such a notion has become a practical possibility. The development and enhancement of CSR need the combined efforts of the entire society and the participation of many parts of society, notably the government's oversight and promotion of businesses. At the same time, it is critical to improve the public's awareness of CSR, enhance each subject's willingness to participate in CSR, and foster a culture of CSR satisfaction. We may examine the following areas to fundamentally increase firms' social responsibility awareness and competence and construct a CSR with sustainable development characteristics (Pérez et al., 2021).


    State-Specific Requirements (Government)

    To endorse the effective implementation of CSR, a capitalist market economy with Pakistani characteristics emphasizes both the role of the market and the role of macro-control, which requires the government to perform its duty in guiding and supervising the growth and operation of enterprises. As the "superior" of enterprise management, the government should carefully follow and enforce the law while also flexibly using the government's identity to construct a long-term incentive system to constrain firms' Commercial operations and promote proper social obligation fulfilment. Furthermore, judicial organs should diligently carry out their duties. People's procuratorates and courts should strengthen law enforcement and severely punish enterprises for illegal and criminal acts to achieve true judicial fairness and justice and encourage enterprises to follow the law and adequately fulfil their social responsibilities (Amor-Esteban et al., 2021).


    Social Opinion Necessities

    With the economy's advancement, social media has evolved into a strong team for business management. Enterprises are brought into the public light by the media, which provides a larger platform for information sharing, allows the public to understand corporate data better, and increases enterprise self-discipline. On the one hand, the media should uphold the concept of justice as a disseminator of public opinion and provide accurate, timely, and objective reports on corporate wrongdoings and violations, as well as positive behaviours, without distorting facts or yielding interests, and truly become a disseminator of positive energy in society (Attanasio et al., 2022). On the other side, as society advances, consumers' understanding of their rights grows, and consumer organizations play an increasingly important role in monitoring CSR. With the growing power of consumers and consumer organizations, businesses will no longer be driven solely by profit in their business decisions and product orientation. However, they will also consider consumer interests and consciously engage in self-reflection and self-restraint, contributing to CSR development (Amor-Esteban et al., 2021). Finally, as subject to supervision, businesses should be bold enough to put themselves under public scrutiny, enhance their internal information disclosure system proactively, accept public criticism, and take concrete steps to correct their faults. To fundamentally solve the problem of CSR construction, we need the combined efforts of people from all walks of life to raise CSR awareness and pursuit of ideology and consciousness and create an atmosphere of mutual social responsibility fulfilment to establish more sustainable enterprises (Portney, 2008).


    Enhance CSR Internal Governance System

    Even though the preceding explanation of CSR focuses primarily on external circumstances and the environment, CSR cannot be carried out without the restrictions of internal governance structures. Current laws and regulations, such as the Company Law and its judicial interpretation, place a premium on shareholders' meetings, boards of directors, and supervisors to ensure its stability and efficiency and maximize shareholders' and directors' rights and interests (Asongu et al., 2019). Finally, the content of CSR should be part of the Company Law, and the articles of incorporation must be strengthened. The corporation should expand the number of stakeholder representatives and reinforce and explain their roles so that stakeholders are not merely a virtual blank and sensible comments may be incorporated. Furthermore, the corporation should make critical topics and information about stakeholders public without jeopardizing its corporate secrets, which reflects the enterprise's obligation to itself (Attanasio et al., 2022).

    Conclusion

    Pakistan's Commercial and social wealth disparities have been expanding in recent years, and numerous social tensions have grown more visible. The state's ability to alter Commercial development through CSR is becoming increasingly important. Commercial laws are one of the most effective forms of regulation, and the state can use them to compensate for society's unequal distribution. As a result, it is vital and significant for us to explore how businesses might adopt social responsibility from a commercial law viewpoint. This study seeks to analyze the construction of a CSR system from the perspective of commercial laws in the hopes that it will impact benefit distribution, environmental preservation, and worker rights and duties in Pakistan's economy and society.

References

  • Afhami, S. (2021). Role of legal consultants education on corporate social responsibility and social impact. Journal of Social Studies Education Research, 12(2), 152-179. https://files.eric.ed.gov/fulltext/EJ1306944.pdf
  • Ali, N., & Khan, K. I. (2021). Legal framework for compulsory licensing: a solution to the conflict of intellectual property rights and intellectual monopoly. International Journal of Public Law and Policy, 7(2), 122. https://doi.org/10.1504/ijplap.2021.115930
  • Ali, N., & Khan, K. I. (2022). Corporate Governance, Financial Accounting Information and Control Mechanisms: A Way to Combat Corruption. Journal of Business and Social Review in Emerging Economies, 8(1), 197–208. https://doi.org/10.26710/jbsee.v8i1.2201
  • Ali, N., & Khan, K. I. (2022b). Implementation of non- refoulement & economic burden sharing in new world order under international refugee laws. Journal of Public Value and Administrative Insight, 5(1), 208-219.
  • Amor-Esteban, V., García-Sánchez, I. M., & Galindo- Villardón, M. P. (2017). Analysing the Effect of Legal System on Corporate Social Responsibility (CSR) at the Country Level, from a Multivariate Perspective. Social Indicators Research, 140(1), 435–452. https://doi.org/10.1007/s11205-017-1782-2
  • Asongu, S. A., Uduji, J. I., & Okolo-Obasi, E. N. (2019). Transfer pricing and corporate social responsibility: arguments, views and agenda. Mineral Economics, 32(3), 353–363. https://doi.org/10.1007/s13563-019-00195-2
  • Attanasio, G., Preghenella, N., de Toni, A. F., & Battistella, C. (2021). Stakeholder engagement in business models for sustainability: The stakeholder value flow model for sustainable development. Business Strategy and the Environment, 31(3), 860–874. https://doi.org/10.1002/bse.2922
  • Awan, U., Khattak, A., & Kraslawski, A. (2019 ). Corporate social responsibility (CSR) priorities in the small and medium enterprises (SMEs) of the industrial sector of Sialkot, Pakistan. In Corporate social responsibility in the manufacturing and services sectors (pp. 267- 278). Springer, Berlin, Heidelberg.
  • Bowen, H. R. (1953). Graduate education in economics. The American Economic Review, 43(4), 4-223.
  • Carroll, A. B., & Shabana, K. M. (2010). The Business Case for Corporate Social Responsibility: A Review of Concepts, Research and Practice. International Journal of Management Reviews, 12(1), 85–105. https://doi.org/10.1111/j.1468-2370.2009.00275.x
  • Di Vaio, A., Varriale, L., Di Gregorio, A., & Adomako, S. (2022). Corporate social performance and non-financial reporting in the cruise industry: Paving the way towards UN Agenda 2030. Corporate Social Responsibility and Environmental Management, 1-13.
  • Farooq, Q., Fu, P., Liu, X., & Hao, Y. (2021). Basics of macro to microlevel corporate social responsibility and advancement in triple bottom line theory. Corporate Social Responsibility and Environmental Management, 28(3), 969–979. https://doi.org/10.1002/csr.2069
  • García-Sánchez, I. M., Somohano-Rodríguez, F. M., Amor-Esteban, V., & Gonzalez-Valdueza, B. (2022). Circular Economy Projects and Firm Disclosures in an Encouraging Institutional Environment. Sustainability, 14(3), 1149.
  • Jain, A., Kansal, M., & Joshi, M. (2021). New development: Corporate philanthropy to mandatory corporate social responsibility (CSR)—A new law for India. Public Money & Management, 41(3), 276-278.
  • John, A., Shahzadi, G., Khan, K. I., Chaudhry, S. & Bhatti, M. S. R. (2022). Charity begins at home: Understanding the role of CSR and HR practices on employees’ attitudes during COVID-19 in the Hospitality Sector, Frontiers in Psychology, 13, 828524.
  • Khan, K. I., & Mushtaq, A. (2020). Corporate social responsibility and firms credibility: A comparative study of family and non-family firms; Evidence from Pakistan stock exchange, Review of Socio-Economic Perspectives, 5(2), 59-86.
  • Khan, M., Lockhart, J., & Bathurst, R. (2020). A multi- level institutional perspective of corporate social responsibility reporting: A mixed-method study. Journal of Cleaner Production, 265, 121739. https://doi.org/10.1016/j.jclepro.2020.121739
  • Kuna-Marszalek, A., & Klysik-Uryszek, A. (2020). CSR and Socially Responsible Investing Strategies in Transitioning and Emerging Economies. IGI Global.
  • Lin, W. L., Law, S. H., Ho, J. A., & Sambasivan, M. (2019). The causality direction of the corporate social responsibility – Corporate financial performance Nexus: Application of Panel Vector Autoregression approach. The North American Journal of Economics and Finance, 48, 401–418. https://doi.org/10.1016/j.najef.2019.03.004
  • Maon, F., Vanhamme, J., Roeck, K., Lindgreen, A., & Swaen, V. (2019). The Dark Side of Stakeholder Reactions to Corporate Social Responsibility: Tensions and Micro-level Undesirable Outcomes. International Journal of Management Reviews, 21(2), 209–230. https://doi.org/10.1111/ijmr.12198
  • Muniz, F., Guzmán, F., Paswan, A. K., & Crawford, H. J. (2019). The immediate effect of corporate social responsibility on consumer-based brand equity. Journal of Product & Brand Management, 28(7), 864–879. https://doi.org/10.1108/jpbm-09-2018-2016
  • Orazalin, N. (2019). Corporate governance and corporate social responsibility (CSR) disclosure in an emerging economy: evidence from commercial banks of Kazakhstan. Corporate Governance: The International Journal of Business in Society, 19(3), 490–507. https://doi.org/10.1108/cg-09-2018-0290
  • Pérez, O. M., Peralta, L. A. A., Rodríguez, V. G. G., Benites, M. R. T., & Vanegas, R. I. S. L. (2021). Corporate Social Responsibility in the legal system of the Republic of Ecuador: towards a law vs. its traditional voluntariness.
  • Portney, P. R. (2008). The (Not So) New Corporate Social Responsibility: An Empirical Perspective. Review of Environmental Economics and Policy, 2(2), 261–275. https://doi.org/10.1093/reep/ren003
  • Reinhardt, F. L., Stavins, R. N., & Vietor, R. H. K. (2008). Corporate Social Responsibility Through an Economic Lens. Review of Environmental Economics and Policy, 2(2), 219–239. https://doi.org/10.1093/reep/ren008
  • Sama, L. M., Stefanidis, A., & Horak, S. (2020). Business ethics for a global society: Howard Bowen’s legacy and the foundations of United Nations’ Sustainable Development Goals. International Studies of Management & Organization, 50(3), 201–208. https://doi.org/10.1080/00208825.2020.1811526
  • Yan, M. (2019). Corporate social responsibility versus shareholder value maximization: Through the lens of hard and soft law. Northwestern Journal of International Law and Business, 40, 47.
  • Afhami, S. (2021). Role of legal consultants education on corporate social responsibility and social impact. Journal of Social Studies Education Research, 12(2), 152-179. https://files.eric.ed.gov/fulltext/EJ1306944.pdf
  • Ali, N., & Khan, K. I. (2021). Legal framework for compulsory licensing: a solution to the conflict of intellectual property rights and intellectual monopoly. International Journal of Public Law and Policy, 7(2), 122. https://doi.org/10.1504/ijplap.2021.115930
  • Ali, N., & Khan, K. I. (2022). Corporate Governance, Financial Accounting Information and Control Mechanisms: A Way to Combat Corruption. Journal of Business and Social Review in Emerging Economies, 8(1), 197–208. https://doi.org/10.26710/jbsee.v8i1.2201
  • Ali, N., & Khan, K. I. (2022b). Implementation of non- refoulement & economic burden sharing in new world order under international refugee laws. Journal of Public Value and Administrative Insight, 5(1), 208-219.
  • Amor-Esteban, V., García-Sánchez, I. M., & Galindo- Villardón, M. P. (2017). Analysing the Effect of Legal System on Corporate Social Responsibility (CSR) at the Country Level, from a Multivariate Perspective. Social Indicators Research, 140(1), 435–452. https://doi.org/10.1007/s11205-017-1782-2
  • Asongu, S. A., Uduji, J. I., & Okolo-Obasi, E. N. (2019). Transfer pricing and corporate social responsibility: arguments, views and agenda. Mineral Economics, 32(3), 353–363. https://doi.org/10.1007/s13563-019-00195-2
  • Attanasio, G., Preghenella, N., de Toni, A. F., & Battistella, C. (2021). Stakeholder engagement in business models for sustainability: The stakeholder value flow model for sustainable development. Business Strategy and the Environment, 31(3), 860–874. https://doi.org/10.1002/bse.2922
  • Awan, U., Khattak, A., & Kraslawski, A. (2019 ). Corporate social responsibility (CSR) priorities in the small and medium enterprises (SMEs) of the industrial sector of Sialkot, Pakistan. In Corporate social responsibility in the manufacturing and services sectors (pp. 267- 278). Springer, Berlin, Heidelberg.
  • Bowen, H. R. (1953). Graduate education in economics. The American Economic Review, 43(4), 4-223.
  • Carroll, A. B., & Shabana, K. M. (2010). The Business Case for Corporate Social Responsibility: A Review of Concepts, Research and Practice. International Journal of Management Reviews, 12(1), 85–105. https://doi.org/10.1111/j.1468-2370.2009.00275.x
  • Di Vaio, A., Varriale, L., Di Gregorio, A., & Adomako, S. (2022). Corporate social performance and non-financial reporting in the cruise industry: Paving the way towards UN Agenda 2030. Corporate Social Responsibility and Environmental Management, 1-13.
  • Farooq, Q., Fu, P., Liu, X., & Hao, Y. (2021). Basics of macro to microlevel corporate social responsibility and advancement in triple bottom line theory. Corporate Social Responsibility and Environmental Management, 28(3), 969–979. https://doi.org/10.1002/csr.2069
  • García-Sánchez, I. M., Somohano-Rodríguez, F. M., Amor-Esteban, V., & Gonzalez-Valdueza, B. (2022). Circular Economy Projects and Firm Disclosures in an Encouraging Institutional Environment. Sustainability, 14(3), 1149.
  • Jain, A., Kansal, M., & Joshi, M. (2021). New development: Corporate philanthropy to mandatory corporate social responsibility (CSR)—A new law for India. Public Money & Management, 41(3), 276-278.
  • John, A., Shahzadi, G., Khan, K. I., Chaudhry, S. & Bhatti, M. S. R. (2022). Charity begins at home: Understanding the role of CSR and HR practices on employees’ attitudes during COVID-19 in the Hospitality Sector, Frontiers in Psychology, 13, 828524.
  • Khan, K. I., & Mushtaq, A. (2020). Corporate social responsibility and firms credibility: A comparative study of family and non-family firms; Evidence from Pakistan stock exchange, Review of Socio-Economic Perspectives, 5(2), 59-86.
  • Khan, M., Lockhart, J., & Bathurst, R. (2020). A multi- level institutional perspective of corporate social responsibility reporting: A mixed-method study. Journal of Cleaner Production, 265, 121739. https://doi.org/10.1016/j.jclepro.2020.121739
  • Kuna-Marszalek, A., & Klysik-Uryszek, A. (2020). CSR and Socially Responsible Investing Strategies in Transitioning and Emerging Economies. IGI Global.
  • Lin, W. L., Law, S. H., Ho, J. A., & Sambasivan, M. (2019). The causality direction of the corporate social responsibility – Corporate financial performance Nexus: Application of Panel Vector Autoregression approach. The North American Journal of Economics and Finance, 48, 401–418. https://doi.org/10.1016/j.najef.2019.03.004
  • Maon, F., Vanhamme, J., Roeck, K., Lindgreen, A., & Swaen, V. (2019). The Dark Side of Stakeholder Reactions to Corporate Social Responsibility: Tensions and Micro-level Undesirable Outcomes. International Journal of Management Reviews, 21(2), 209–230. https://doi.org/10.1111/ijmr.12198
  • Muniz, F., Guzmán, F., Paswan, A. K., & Crawford, H. J. (2019). The immediate effect of corporate social responsibility on consumer-based brand equity. Journal of Product & Brand Management, 28(7), 864–879. https://doi.org/10.1108/jpbm-09-2018-2016
  • Orazalin, N. (2019). Corporate governance and corporate social responsibility (CSR) disclosure in an emerging economy: evidence from commercial banks of Kazakhstan. Corporate Governance: The International Journal of Business in Society, 19(3), 490–507. https://doi.org/10.1108/cg-09-2018-0290
  • Pérez, O. M., Peralta, L. A. A., Rodríguez, V. G. G., Benites, M. R. T., & Vanegas, R. I. S. L. (2021). Corporate Social Responsibility in the legal system of the Republic of Ecuador: towards a law vs. its traditional voluntariness.
  • Portney, P. R. (2008). The (Not So) New Corporate Social Responsibility: An Empirical Perspective. Review of Environmental Economics and Policy, 2(2), 261–275. https://doi.org/10.1093/reep/ren003
  • Reinhardt, F. L., Stavins, R. N., & Vietor, R. H. K. (2008). Corporate Social Responsibility Through an Economic Lens. Review of Environmental Economics and Policy, 2(2), 219–239. https://doi.org/10.1093/reep/ren008
  • Sama, L. M., Stefanidis, A., & Horak, S. (2020). Business ethics for a global society: Howard Bowen’s legacy and the foundations of United Nations’ Sustainable Development Goals. International Studies of Management & Organization, 50(3), 201–208. https://doi.org/10.1080/00208825.2020.1811526
  • Yan, M. (2019). Corporate social responsibility versus shareholder value maximization: Through the lens of hard and soft law. Northwestern Journal of International Law and Business, 40, 47.

Cite this article

    CHICAGO : Ali, Naheeda, and Kanwal Iqbal Khan. 2022. "Corporate Social Responsibility: A Commercial Law Perspective." Global Legal Studies Review, VII (II): 26 - 35 doi: 10.31703/glsr.2022(VII-II).03
    HARVARD : ALI, N. & KHAN, K. I. 2022. Corporate Social Responsibility: A Commercial Law Perspective. Global Legal Studies Review, VII, 26 - 35 .
    MHRA : Ali, Naheeda, and Kanwal Iqbal Khan. 2022. "Corporate Social Responsibility: A Commercial Law Perspective." Global Legal Studies Review, VII: 26 - 35
    MLA : Ali, Naheeda, and Kanwal Iqbal Khan. "Corporate Social Responsibility: A Commercial Law Perspective." Global Legal Studies Review, VII.II (2022): 26 - 35 Print.
    OXFORD : Ali, Naheeda and Khan, Kanwal Iqbal (2022), "Corporate Social Responsibility: A Commercial Law Perspective", Global Legal Studies Review, VII (II), 26 - 35