Papers by Constantijn van Aartsen
Article: Report on Elverding Conference 2023 on Enhancing Sustainable Business and Corporate Regulation in the EU
European company law, Apr 1, 2024
The Free Market Myth and its Influence on CSR
Social Science Research Network, 2014
To shed further light on the debate concerning the value and success of corporate social responsi... more To shed further light on the debate concerning the value and success of corporate social responsibility, this working paper examines the legal status of CSR within the globalised free market framework. The overarching question is how and to what extent free market theory influences the success of corporate social responsibility. It is found that the heart of corporate social responsibility lies in the value of its underlying social and environmental norms, and that its success has been inhibited by the self-destructive and inaccurate conception of globalised 'free' markets.

CSR in Times of Neoliberal Hegemony
Social Science Research Network, 2013
For decades technological and economic progress under the capitalist model has placed social norm... more For decades technological and economic progress under the capitalist model has placed social norms and the natural environment under great pressure, imposing a particularly heavy burden on the poor and underprivileged. Recognising the role of corporations in these developments, the emergence of corporate social responsibility (CSR) has been hailed as the metaphorical beacon of light to tackle the dark side of capitalism. Despite high expectations, corporate integration of socially responsible norms and practices has been slow and partial, limited to a small number of corporate leaders. Many commentators have voiced the need for harder forms of law to enforce CSR norms, but there has been little political interest to answer this call. The traditional academic response to the sluggish embrace of CSR has been to simply re-emphasise the need for hard law as a prerequisite to accelerate change, but this approach has had little success. This thesis expands the debate and discusses why the emergence of hard law to tackle pressing social and environmental issues has remained hidden within the hopeful mind of a vocal civil society and the writings of academics. By examining the broader context within which CSR has developed, this paper identifies neoliberalism, the dominant free-market oriented socio-political theory of our time, as an overlooked factor undermining the success of CSR. Free markets, as conceptualised by neoliberalism, have resulted in a close-minded discussion of regulatory options and an overemphasis on the business case of CSR. This has precluded the legal inclusion of strict social and environmental standards in corporate activities and dimmed the potential of corporate social responsibility.

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The Free Market Myth and its Influence on CSR
SSRN Electronic Journal, 2014
To shed further light on the debate concerning the value and success of corporate social responsi... more To shed further light on the debate concerning the value and success of corporate social responsibility, this working paper examines the legal status of CSR within the globalised free market framework. The overarching question is how and to what extent free market theory influences the success of corporate social responsibility. It is found that the heart of corporate social responsibility lies in the value of its underlying social and environmental norms, and that its success has been inhibited by the self-destructive and inaccurate conception of globalised 'free' markets.
Sustainability embedding practices in Dutch listed companies
SSRN Electronic Journal, 2021
The free market myth and its infl uence on corporate social responsibility
The Role of Law and Regulation in Sustaining Financial Markets, 2014
To shed further light on the debate concerning the value and success of corporate social responsi... more To shed further light on the debate concerning the value and success of corporate social responsibility, this working paper examines the legal status of CSR within the globalised free market framework. The overarching question is how and to what extent free market theory influences the success of corporate social responsibility. It is found that the heart of corporate social responsibility lies in the value of its underlying social and environmental norms, and that its success has been inhibited by the self-destructive and inaccurate conception of globalised 'free' markets.

For decades technological and economic progress under the capitalist model has placed social norm... more For decades technological and economic progress under the capitalist model has placed social norms and the natural environment under great pressure, imposing a particularly heavy burden on the poor and underprivileged. Recognising the role of corporations in these developments, the emergence of corporate social responsibility (CSR) has been hailed as the metaphorical beacon of light to tackle the dark side of capitalism.
Despite high expectations, corporate integration of socially responsible norms and practices has been slow and partial, limited to a small number of corporate leaders. Many commentators have voiced the need for harder forms of law to enforce CSR norms, but there has been little political interest to answer this call. The traditional academic response to the sluggish embrace of CSR has been to simply re-emphasise the need for hard law as a prerequisite to accelerate change, but this approach has had little success. This thesis expands the debate and discusses why the emergence of hard law to tackle pressing social and environmental issues has remained hidden within the hopeful mind of a vocal civil society and the writings of academics.
By examining the broader context within which CSR has developed, this paper identifies neoliberalism, the dominant free-market oriented socio-political theory of our time, as an overlooked factor undermining the success of CSR. Free markets, as conceptualised by neoliberalism, have resulted in a close-minded discussion of regulatory options and an overemphasis on the business case of CSR. This has precluded the legal inclusion of strict social and environmental standards in corporate activities and dimmed the potential of corporate social responsibility.
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Papers by Constantijn van Aartsen
Despite high expectations, corporate integration of socially responsible norms and practices has been slow and partial, limited to a small number of corporate leaders. Many commentators have voiced the need for harder forms of law to enforce CSR norms, but there has been little political interest to answer this call. The traditional academic response to the sluggish embrace of CSR has been to simply re-emphasise the need for hard law as a prerequisite to accelerate change, but this approach has had little success. This thesis expands the debate and discusses why the emergence of hard law to tackle pressing social and environmental issues has remained hidden within the hopeful mind of a vocal civil society and the writings of academics.
By examining the broader context within which CSR has developed, this paper identifies neoliberalism, the dominant free-market oriented socio-political theory of our time, as an overlooked factor undermining the success of CSR. Free markets, as conceptualised by neoliberalism, have resulted in a close-minded discussion of regulatory options and an overemphasis on the business case of CSR. This has precluded the legal inclusion of strict social and environmental standards in corporate activities and dimmed the potential of corporate social responsibility.