ABSTRACT

The criticism of social auditing paralleled a growing concern that people from certain sectors of society had limited access to the emergent practice of corporate responsibility. The new interest in corporate responsibility was limited to a set of old issues. Some corporate leaders began calling on government to do more to create incentives for sustainable enterprise. They were joined by a number of Non-Governmental Organisations and think-tanks, who called for governments to move beyond market fundamentalism and become involved in creating a framework for sustainable business. One aspect of the campaign proposals for new treaty was a mechanism for more judicial procedures against corporate malpractice. This was in light of the inability of courts in some 'developing' countries to deliver substantive justice for victims of corporate misdemeanours. That substantive justice may located only in the countries where sued corporations have assets, made the Alien Tort Claims Act in the US particularly important, and a number of cases progressed during 2002.