International Law Theories: Natural Law vs. Positivism


Introduction

After arriving at the conclusion that International Law Theories are essential for understanding global legal systems, it is important to explore their foundational basis. Two main theories of International Law address this:

  1. Theories of Law of Nature
  2. Positivism

Theories of Law of Nature

Overview

Jurists who adhere to the theories of Law of Nature view International Law as a component of a higher legal framework. They argue that states comply with International Law because it is derived from natural law. Starke explains this viewpoint by stating that “States submitted to International Law because their relations were regulated by higher law, the law of nature, of which International Law was but a part.”

Historical Context

Initially, the Law of Nature was linked to religion and regarded as divine law. However, during the 16th and 17th centuries, jurists like Grotius secularized this concept. Grotius posited that natural law represents the dictates of right reason, and his followers viewed International Law as an application of natural law in specific contexts. Notable proponents of these International Law Theories include Vattel, Pufendorf, and Christian Thomasius.

Criticism

Despite its influence, the Law of Nature faces criticism:

  • Vagueness: Different jurists provide varying interpretations—justice, reason, utility—which renders the concept unclear within International Law Theories.
  • Lack of Practical Basis: Critics argue that it does not reflect the actual practices and realities of state interactions, which are essential in the study of International Law.

Influence on International Law

Nevertheless, the Law of Nature has significantly influenced the evolution of International Law Theories. Its idealistic principles continue to resonate, albeit in a less dogmatic form.

Positivism

Overview

Positivism, another key perspective within International Law Theories, contrasts with the Law of Nature by focusing on law as it is, rather than as it ought to be. According to positivists, laws enacted by legitimate authorities are binding. They emphasize actual state practices, asserting that treaties and customs are the primary sources of International Law.

Key Proponents

Bynkershoek and Starke are notable proponents of positivism within International Law Theories. Starke asserts that “International law can in logic be reduced to a system of rules depending for their validity only on the fact that States have consented to them.” Brierly echoes this, stating that international law consists of rules that states have agreed to follow.

The Will of States

The positivist view highlights the concept of state consent. Hegel introduced the idea that the will of states forms the core of International Law Theories. Anzilotti further emphasized the principle of pacta sunt servanda, which means agreements must be kept, as foundational to binding international obligations.

Criticism

The positivist theory faces several critiques:

  1. Metaphorical Will: The concept of state will is considered metaphorical rather than a concrete principle in International Law.
  2. Oversimplification of Consent: Not all aspects of International Law stem from explicit consent; customary laws can bind states without express agreement.
  3. Tacit Agreements: The idea that customary laws arise solely from tacit agreements is flawed, especially as new states automatically adhere to existing customs.
  4. Binding Principles: Certain principles apply to states regardless of consent, such as those outlined in the UN Charter.
  5. Evolving Norms: The norm pacta sunt servanda has been questioned, as not all obligations arise from agreements.
  6. Legal Effects of Declarations: Legal effects stem from rules of law, not merely from declarations of will.

Conclusion

While treaties and customs are acknowledged as the primary sources of International Law, the positivist view may overlook the complexities and realities of state behavior in international relations. Understanding these International Law Theories helps clarify the foundational principles guiding global legal interactions.


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Corporate Social Responsibility in Governance and Performance: A Strategic Perspective

Introduction

In this era of fierce competition among businesses, the means of retaining a competitive edge has accumulated into businesses being performance, governance, and social-centered. The volatile climate requires a business to assimilate, strategize, and reorganize both external and internal know-how. Due to market conditions, consumer demand, and even government regulations—all of which are a part of the present global recession—corporate social responsibility, or CSR as it is known, has become an acceptable business strategy in recent decades. As per a peculiar provision in the Indian Companies Act of 2013, every Indian business with a net worth above 5 billion US dollars is required to have a CSR policy earmarked for the business. Through corporate social responsibility (CSR), numerous companies have implemented strategies that optimize the incorporation of social, economic, and environmental attributes into daily operations and interactions with stakeholders.

The Idea of Corporate Social Responsibility

The statement is not easy to evaluate. Many experts claim that the roots of CSR lie in the period of colonialism and imperialism. There are those who argue that its origins are the capitalist world itself or should we refer to the 1960s as the beginning of the concept? The aim of CSR is to maintain the relationship between companies and society to ensure that society is not exploited, but it is worth noting that there is no single definition for CSR, it can vary from region to region, country to country, and even business to business.

CSR encompasses a field where tensions break on an everyday basis, with so much pain stemming from a lack of sound ethics, operational vices, malpractice, and flat-out failures. In simple terms, business ethics is the moral principle that guides the way it operates and the decisions it makes.

Performance of Firms and CSR

Using a variety of approaches, numerous studies have looked at CSR and business performance to investigate the relationships and effects between the two. Corporate social responsibility and corporate governance’s effects on organizational performance were mediated as part of the study’s theoretical framework.

CSR significantly and favorably impacts the company’s goals. The success of CSR and company performance are positively correlated when criteria such as growth, total assets, corporate stability, and social contribution performance are favorable. Better CSR initiatives will be implemented as a result.

To inspire and improve corporate social performance, businesses use creativity in sustainable business practices and corporate social responsibility (CSR).

Firm Performance and Corporate Governance

The approach to business governance has grown in importance and become a useful tool in recent decades. The globalization of financial services, the trend of privatizations, and the recent financial crises have all contributed to the enhancement of corporate governance systems in numerous organizations globally.

The requirement for efficient corporate governance frameworks is crucial for boosting corporate performance. It is essential for a corporation to implement effective corporate governance, as this enhances a company’s reputation and bolsters shareholder trust while lowering the threat of fraud.

The Benefits of CSR on Company Performance

Proponents of the link between CSR and company performance argue that engaging in CSR initiatives enables a firm to foster goodwill with its stakeholders, and the more positive sentiment a company generates among its stakeholders, the more financially successful it is likely to be.

Companies can potentially reap financial rewards from addressing stakeholder interests. A greater advantage of fulfilling stakeholder interests can be, for example, enhancements in employee productivity, the well-being of the firm and its public image, and the competitiveness of the firm.

Therefore, CSR initiatives enhance corporate worth by providing benefits that are less costly than the profits for shareholders and align with the objectives of sustainable development. Similarly, other proponents of this connection assert that meeting stakeholder needs and being more attentive to them can yield positive impacts on a company’s economic performance.

Conclusion

Depending on their location and activities, businesses have societal responsibilities. Consequently, CSR incorporates social, economic, along with environmental impacts into business practices and engagements with particular stakeholders. Experts assert that CSR strengthens a company’s image and recruits fresh talent, hence improving operational efficiency. From this perspective, CSR provides value to a firm. Other research, however, finds that CSR increases expenses but decreases operational performance, which impacts competitiveness and, in turn, company value.


RIMI AGARWAL (Manipal University Jaipur – 3rd Year )

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