International Law and Corporate Social Responsibility: The Potential of OECD’s MNE Guidelines for Advancing Social Benefits in the Context of Natural Resource Exploitation in the Arctic, with Particular Regard to Greenland

Abstract

This article takes point of departure in the case of Greenland to examine how public authorities in Arctic societies may deploy the ideas inherent in Corporate Social Responsibility (CSR) to engage multinational corporations or national companies in contributing to addressing societal needs. Drawing on the emergent international law regime on CSR, it discusses the role of OECD’s Guidelines for Multinational Enterprises to encourage companies explicitly or implicitly to contribute to societal needs. The discussion points to similarities between social and environmental impact assessment and the risk-based due diligence approach recommended by OECD’s Guidelines. It also points to similarities between Impact Benefit Agreements and the Guidelines’ recommendations for companies’ contributions to host societies through employment of local labour and transfer of skills. This focus fits closely with public policy objectives expressed by Greenland’s Self-Government in regard to mining and underscores the pertinence for Greenland to consider acceding to the Guidelines.