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Corporate Power in Global Governance
Corporate Power in Global Governance
Corporate Power in Global Governance
Delphine Rabet
PhD candidate, School of Social and Political Sciences, Faculty of Arts, University of Sydney
delphine.rabet@usyd.edu.au
Abstract: This paper looks at global corporate actors and their quest for power. It will briefly present Multinational Corporations as global political actors and emphasize the importance of Foreign Direct Investment (FDI) in the making of specific rules of global governance, which protect corporate interests. Building on a Gramscian definition of hegemony, the paper will then argue that the CSR phenomenon constitutes an attempt to complete a corporate historical bloc, in which corporate actors consolidate their power through gaining consent from various other global actors and society at large. Such an approach should highlight power mechanisms otherwise often unexplored.
Key words: Corporate Social Responsibility, MNCs, FDI, global governance, historical bloc
fundamental characteristics and values present within institutions such as markets result in a wrong analysis of actors such as corporations. The distributive process is not characterized by the maximal efficiency of markets governed by the logics of the invisible hand, but by needs and power (Lenski 1966). It is in this light that the corporation has to be defined as a market actor in quest of power. Across most global business activities, leading corporations increasingly compete with the identified firms that have occupied the commanding heights in a wide range of business activities (Nolan et al. 2002, 102). Oligopolistic markets mean that certain goods, many essential to human life, are produced and distributed by a small number of large economic entities. These organizations hold a tremendous amount of power over the way these goods or services are produced, priced, and exchanged. Thus MNCs appear to have a strong influence in the rule-making processes happening at the global level (Korten 1995). The constitution of global markets as institution, and the nationality of the few large corporations operating on these markets, reflects a certain continuity in the distribution of power amongst state actors at a particular time in history. Global markets have grown continuously (if irregularly) but the way they are structured have their roots in history. In the 1990s, there occurred an unprecedented concentration of business power in large corporations with headquarters in high-income countries (Nolan et al. 2002, 1). This happened due to the pre-existing structures of global institutions, which materialized in global markets dominated by the economic interests of leading states, mainly countries from Western Europe, the United States and Japan. If MNCs are connected to specific states, a brief mention of what is at stake at the sub-firm level is still necessary. In term of control of the corporation, it is possible to see that the realization of profits, transformed in dividends for shareholders, becomes a means to ensure the expansion and therefore the survival of the firm, which is the ultimate end. Through the realization of profits, the firm actually attempts to gain power and protect its raison dtre. Thus, in the global realm, without denying its economic purpose, the corporation becomes primarily a power-maximizer and a political analysis of the corporation is even more indispensable. The corporate sector itself in the early 1970s has been advocating the adoption of a more comprehensive conception of profit as it has been outlined in a statement by the Committee on Economic Development, a group composed of major American corporate leaders (1971, 22 cited in Barkenov and Rich 1972, 752 [emphasis added]): The large corporation is developing long-term goals such as survival, growth, and increasing respect and acceptance by the public. Current profitability, once regarded as the dominant if not exclusive objective, is now often seen more as a vital means and powerful motivating force for achieving broader ends, rather than as an end in itself. Thus, modern managers are prepared to trade off short-run profits to achieve qualitative improvements in the institution which can be expected to contribute to the long-run profitable growth of the corporation. Such a statement tends to show that, while some shareholders may be interested in maximizing their return on investment in the short term, corporate leaders may have a distinctive view about the role of the firm and they emphasize the importance of survival and growth. Thus linked to survival, it is the quest for power that motivates corporate actors. If economic entities shape institutions to remain powerful in the long run, their role is not only economic but definitely political. The dominant position of leading states in global governance, along with their connection to their national champions, is also relevant to confirm the power-seeking dimension of global corporate actors. As stated earlier, historically, trade has been used to advance a countrys interests. There are strategic reasons for a state to support large domestic corporations in their foreign endeavours in particular industries, and these reasons do not necessarily have economic justifications. The relationship between high-income states and MNCs is of a complex nature but their interests conflate at times.
It can be advantageous for a state to indirectly have a strong presence in key economic sectors of another state by supporting particular firms in order to maintain an asymmetrical power relation (Hoogvelt 1997). In this context, the profit motive or an economic rationale is insufficient to explain the behaviour of a given MNC operating on foreign territory. Corporations are political actors because they carry with them the values and interests of their home base within the structure of global governance. If they are formally granted with an independent legal personality, they also have a more subjective identity, itself strongly related to the identity of their home base and the interests and institutions which prevail in this state (Hirst and Thompson 1996). MNCs, like any political entity, are firstly motivated by gaining and exerting enough power to secure their existence and domination. Stephen Hymer (1976, 57) stated prophetically a few decades ago that in a near future, the real interest of the MNC would be to foreclose competition, to restrict the choices offered, and to ensure the survival of their own organization. A change in the basic assumptions which define corporations existence is required from a profit to power- maximization rationale as this would open more possibilities for political analysis. A mature political conception of the corporation must view it as an organization or a system for the accumulation, control and administration of power. Any MNC is a body politics which exhibits describable characteristics common to all body politics (Latham 1961, 220). The profit motive is wrongly understood as paramount for the corporation; it is an essential but not an exclusive feature of such an organization. If the political dimension of the MNC is to be recognised in global governance, there is a need to analyse the manifestations of its power. When corporations invest and operate in a foreign country, which differs institutionally from the firms home base, a window then opens for the researcher to understand and confirm this political activity. Foreign Direct Investment is an illustration of the quest for power of the corporation. The next part will therefore argue that FDI is about progressively gaining power at the global level more than increasing profits per se. It is conceived here as the coercive aspect of the Gramscian approach to power which will be developed subsequently.
FDI has taken various forms through history; its modern version is, at the same time, a reflection of past practices at the global level and also displays particularities proper to the present era. For Antonio Gramsci, every historical phenomenon had to be studied within the context of its own peculiar characteristics rather than conflated with other forms of historical phenomena (Gramsci 1977, 330-1). Yet, Gramsci also maintained that similar situations would almost always arise in every historical development that might lead to the possibility of developing some general principles of political science (Gramsci 1971, 108-109, 201). Arguably, the Western colonial era that started in the 16th century in the Americas planted the seeds of the mechanisms of modern FDI. Economic entities were formed to operate on these foreign territories, often through the direct ownership by the colons of the modes of production, of the land and of the people. These economic organizations were however subjugated to the authority of Europeans kingdoms where precious minerals were repatriated. In the post-colonial era, similarly to flows of FDI, trade between developed and developing countries appear minor quantitatively when compared with trade among developed countries (UNCTAD 2007). Still, in proportion, it remains a very important share of the economy for developing states and it is essential for these countries to get access to global markets through establishing trade agreements. In the last 20 years, multilateral and bilateral trade agreements, protecting mostly corporate interests, have become the norm in global governance (Milward 2003, 21). These multilateral or bilateral trade agreements have progressively included clauses related to foreign direct investment, a characteristic absent from most bilateral agreements between developed states (Van Harten 2005, 614). To get access to developed countries markets, developing countries came to accept to grant certain legal powers, which go beyond their domestic law and considerably restrain their sovereignty, to foreign firms operating on their territory. Through the spreading of trade agreements to all corners of the planet, developed states have also sought to protect the interests of large firms in the international system by ensuring that their investments could not be threatened in any way (Van Harten 2005,612). In short, modern FDI has taken shape through global trade and developed states have used their political leverage to further private economic and financial interests. Thus, the international legal framework confirms the coercive legal capacity that MNCs have over developing states. The dispute settlement and arbitration mechanisms, found in most investmentrelated clause of trade agreements, have increased corporate authority over developing states. A firm is entitled to take legal action against a nation-state outside of any national jurisdiction. The widespread preference for private arbitration over adjudication in national courts (Cutler 2001, 144) reflects the expansion of private authority as a method of regulation at the global level (Cutler et al. 1999). International investment law generally provides a very high level of protection for international investors along with exceptionally powerful means for investors to enforce that protection through the previously mentioned investor-state arbitration tribunals (Van Harten 2005, 603). Although these treaties represent reciprocal set of agreements between states, the fact that 97% of the largest MNCs in the world originate from developed countries (UNCTAD 2007) highlights the asymmetry of the MNCs / developing states relationship. In addition to Trade agreements, the widespread proliferation of investment treaties during the 1990s marks the emergence of the international system of investor protection. Since the 1990s, there has been an explosion of bilateral investment treaties which numbered more than 2,200 in 2005 (Van Harten 2005, 608). FDI then becomes, through such a supranational binding mechanism an opportunity for MNCs to legally coerce states. As noted above, the national identity of these MNCs leaves little doubt about the protection that leading states provide to their largest economic entities through international investment law. From a power perspective, it represents a particularly successful way for corporations to ensure their survival independently of realizing profits or performing distributive functions. Their legal capacity grants them legitimacy outside of the economic sphere.
(Zumbansen 2008, 1). Philanthropic actions have been observed throughout corporate history, and more specifically, originating in the United States at the turn of the 20th century, the notion of business social responsibility dominates American social reform efforts in the 1920 (Mitchell 1989, 140). However, it is really in the last 15 years that it seems to have definitely become part of the global corporate landscape (Clarke 2007; Moon 2002). The novelty of the CSR phenomenon is that is has moved from a peripheral and controversial function of the firm (Friedmam 1970,32-3) toward a more central and widely accepted one by businesses themselves (Holmes and Watts 2000). The prolific literature on CSR though, is unable to empirically demonstrate any link between the socially responsible behaviors of certain corporations and any increase in profitability (Vogel 2005). On an anecdotal touch, it is interesting to remember that some of the most profitable industries, such as tobacco, alcohol, pornography, armament or gambling, are based on principles diametrically opposite to CSR. On the short-term, CSR contravenes the interests of shareholders by arbitrarily misusing their investments and precludes the maximization of their return on investment. In the longterm, it also potentially damages the firm, economically speaking, as if its competitors do not engage in similar practices, the firm will have to deal with what will have become higher structural costs of functioning. Interestingly, even despite the current economic crisis, most leading corporations have maintained their CSR programs (Shergolt 2009). In a pure economic sense, this strategy appears nonsensical. However, if one understands the corporation as an entity fighting for survival and expansion, and attempting to establish the maximal conditions for this survival, then the CSR phenomenon become intelligible. The weakness of the economic argument for CSR suggests actually its political character. The importance of ideology for politics comes from its ability to communicate cognitions, evaluations, ideals, and purposes among members of a group (Mullins 1972, 508). Through this process, ideology ensures that the meaning of political action becomes comprehensible and coherent to oneself and others. More practically, opinion is shaped, and legitimacy is provided by ideology (Mitchell 1989, 7). A political system is inexorably informed by a particular ideology. Drawing on Connollys definition of ideology (2006, 2), CSR, broadly defined as any commitment by corporate actors to address social and environmental issues, is becoming an integrated set of beliefs about the global social and political environment. CSR plays a consolidating role for corporate power through confirming the imperatives to protect the wealth generation processes in order to allow corporations to be socially responsible. It explains which desired goals can be promoted by deciding to tackle particular social and environmental problems. It also informs us about which agencies and channels can most effectively be employed to forward these goals in the given setting through, for instance, building up specific partnerships with governmental but also non-governmental organizations (Shenkar and Reuer 2005). Finally, it even plans what the required actions will cost various groups in the short and long run in terms of status, power, happiness, wealth, and so on by asking individuals to modify their consumption patterns, developing countries to grow economically through different means, or governments to modify fiscal and accounting policies to accommodate CSR endeavors. CSR should be understood as the political and ideological voice of corporate power. In establishing the importance of ideology as a cultural phenomenon, Gramsci has provided us with some insights regarding its development through explaining that it is not merely a system of beliefs that reflects specific class interests (Jackson Lears 1985, 570) but more a sort of spontaneous philosophy proper to everybody (Gramsci 1971, 323) which develops overtime. In his words: This philosophy is contained in: 1. Language itself, which is a totality of determined notions and concepts and not just of words grammatically devoid of content; 2. Common sense and good sense; 3. Popular religion and, therefore, also in the entire system of beliefs, superstitions, opinions, ways of seeing things and of acting, which are collectively bundled together under the name of folklore.(Gramsci 1971, 323)
CSR presents elements of this spontaneous philosophy adopted by global corporate actors. In terms of language, CSR refers extensively to concepts (re)defined in specific ways such as sustainability, environment, corporate citizenship, development, but also the concepts of enlightened self-interest, social capital or triple bottom line. This language shapes the way corporations represent themselves reflectively and to society. CSR is also built on common sense or conventional wisdom understood, for instance, as the inherently positive economic and social values associated with consumerism and good sense or empirical knowledge corporate reports and/or advertisements use empirical evidence to communicate on the material effect of CSR. Finally, folklore, if one accepts to stretch its meaning a little, would encompass the reliance of the population and of global actors to organize global governance through global meetings between states officials, corporate representatives, and civil society members. Folklore can also refer to publicized corporate actions, such as advertising campaigns and any visible commitments focusing on CSR. The progressive development of CSR as a potentially dominant ideology grants MNCs and the individuals within them, with a position of cultural and intellectual leadership in global governance. Developing states are invited to believe that their interests coincide with the interests of large private foreign entities when the latter claim that they will follow social and environmental standards higher than existing norms through their CSR policies without the need to enact any particular regulations. Through their leadership, MNCs enhance their ability to persuade or to create belief (Galbraith 1984, 4). Herein resides the problem of the role of leadership and ideology, such as what CSR represents: a system of accepted beliefs, often needed to orient political activity, tends to be organized in ways which protect the higher level commitments of its supporters (Connolly 2006, 3). Global corporate actors are therefore most protected through the ideological dimension of CSR.
resources used, and the internalization of all externalities would require dismantling all corporate actors. It is therefore important for MNCs to have the authority to give meaning to these concepts on their terms. CSR achieves this goal. At the same time, CSR leads developing states and society at large, to accept the authority of corporate actors as being in their interest as well. If MNCs, through CSR, can present their global rules as credibly benefiting not just themselves, but other actors in global governance, they do not need to exercise their coercive power. It is when this credibility or legitimacy is lacking that hegemony falls back into mere domination or dominance without hegemony.(Guha 1992, 231-2)
keystone of the CSR phenomenon. OECD countries created such a document upon requests from MNCs to favor a voluntary agreement about socially responsible corporate behavior instead of a legally binding convention as required by developing countries at the time (Rowe 2005). More recently, International Institutions and Non-Governmental Organizations (NGOs), engaged in environmental and social activities, have also fostered specific partnerships which qualify as CSRoriented endeavors. The United Nations Global Compact is a particularly illustrative example of such an attempt. It is a platform constituted by business actors, NGOs, Academics and States, within the UN, which seeks to legitimize market-led, voluntary forms of CSR as the only viable alternative to address most efficiently certain social and environmental issues (Soederberg 2007). It promotes the view that common sense dictates states and societies to enter a compromise with MNCs. The vertical linkage within an historical bloc relates to the social and cultural mechanisms mentioned earlier, which ensure that subaltern groups will see in a particular political and economic order, an organizational structure which serves their interests. In the corporate historical bloc, the widespread and unchallenged acceptance of notions such as industrialization, urbanization and aggregate economic growth to define development and progress, integrated implicitly in CSR, play such a role. On a more practical level, the values promoted come, for instance, from the corporations advertising strategies which disseminate consumerist values. Specific but always increased consumption enables individuals to provide the corporation with the necessary resources to do good socially and environmentally. Norms such as the scientific management of work seem also unchallengeable and widely accepted or at least tolerated by workers. An analogy with the values and beliefs associated with the Gross Domestic Product and international division of labor can be drawn in terms of the acceptance by developing countries of such concepts indistinctively. Perceptions and beliefs resonate with the dogma of economic growth and the CSR movement which both call to have faith in the good-will of the foreign corporation.
Conclusion
This paper has considered the importance of large economic entities as subject of analysis in global governance. A political reading of the behavior of MNCs in the international sphere is necessary in order to grasp a better understanding of the dynamics between state and non-states actors in establishing global rules. The development of international investment law and the ideological strength of the CSR movement are some of the ways in which MNCs establish and maintain their power by framing the functioning mechanisms of global governance. Granting firms with the ability to fix social and environmental issues implies that subaltern groups such as developing countries need to develop preferences and interests compatible with MNCs endeavors and goals. This emerging hegemonic culture, nevertheless, is not merely an ideological mystification but happens to serve the interests of ruling groups at the expense of subordinate ones. Moreover, what is confusing about the CSR phenomenon, which ought to be a global and apparently anti-statist project is that its primary vehicles are Northern states, and international economic institutions dominated by Northern governments (Rowe 2005, 17). Such a global structure and dynamic forces create favorable conditions for the institutionalization of corporate power in global governance. No other period in human history has witnessed such a concentration of economic but also social and political power in the hands of a limited numbers of large economic entities. In sum, the corporate hegemonic order, through increasingly potent vertical and horizontal linkages, has the potential to establish itself as a viable historical bloc exercising hegemonic influence in large sections of global society.
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