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วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

day, safe working conditions, and ensure that there is no child labour, no gender
discrimination and no sexual abuse in the workplace. These clauses should be aligned

with international labour standards.” (emphasis added). 28

4. Labour-Related CSR Codes Incorporating
Hardening Processes in Themselves

(1) OECD Guidelines for Multinational Enterprises 29

In 1976, long before the world started talking about CSR, the OECD adopted
the “OECD Guidelines for Multinational Enterprises” (OECD Guidelines). They are

nothing but CSR codes in our contemporary usage of the term. They provide voluntary
30
principles and standards for responsible business conduct in a variety of areas, including

employment and industrial relations, human rights, the environment, information
disclosure, competition, taxation, and science and technology. The OECD guidelines
were amended in 1979, 1982, 1984, 1991, 2000 and 2011. The amendment of 2000 was

extensive and remarkable in our context, because all of the ILO’s fundamental rights
Conventions were incorporated into the main principles of the OECD Guidelines. Thus,
it can be safely maintained that at least a part of the OECD Guidelines include labour-

related CSR codes.
The unique feature of the OECD Guidelines is that they not only address entities

which are not nation-states, but also the fact that an implementation mechanism is well
established, although the instrument itself is not legally binding. A system of “National

Contact Points” (NCP) elaborates on the contents of the OECD Guidelines and makes
them operational. NCPs are government offices responsible for encouraging observance

28 GUIDELINES FOR PUBLIC WORKS PROGRAMMES: CASH-, VOUCHER- AND FOOD-FOR-
WORK, April 2013 Version I FAO (http://www.cashlearning.org/downloads/resources/guidelines/fao-cash-voucher-
and-food-for-work.pdf) (visited 26 July 2019).
29 Relevant documentary resources can be found at the OECD’s Home Page: http://www.oecd.org/
investment/mne/1922428.pdf, (visited 27 July 2019).
30 Shin-ichi Ago, “Corporate social responsibility and its implication for public international law”, in T.
Komori, K. Wellens, eds., Public Interest Rules of International Law (Ashgate 2009) 409-426.

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