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Main contents and implications of the 2023 revision of the OECD Guidelines for Multinational Enterprises

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This study aims to provide the main contents of the revision of the 2023 OECD Guidelines for Multinational Enterprises and suggest implications for the Korean government and multinational enterprises.Following the brief history of the revision of OECD Guidelines for Multinational Enterprises, this study reviews and evaluates major substantive and procedural revisions of the 2023 OECD Guidelines, and then suggests countermeasures for Korean government and businesses.The most significant substantive change of the 2023 revision is that expectations for environmental due diligence and disclosure obligations, including climate change and biodiversity, for multinational enterprises have been expanded and strengthened. Regarding procedural changes, the biggest change is the introduction of a basis rule for the National Contact Points for Responsible Business Conduct (NCPs for RBC) to judge each issue and a rule that the final statement must include follow-up details and deadlines, which is expected to strengthen the effectiveness of the NCP dispute resolution mechanism.This study is the first academic paper to introduce major substantive and procedural revisions to the 2023 OECD Guidelines for Multinational Enterprises in Korea. This study also provides implications for the Korean government and companies following the 2023 revised OECD Guidelines for Multinational Enterprises as follows. First, the Korean government must establish a public–private partnership to closely communicate to prevent Korean companies from being harmed by failing to meet strengthening international Environment, Social and Governance (ESG) standards. In addition, Korean government should actively participate in ESG-related international forums, including the OECD, and strive to reflect the needs and interests of Korean companies. Second, the Korean NCP should strengthen its activities to prevent potential damage by expanding education and promotions for Korean businesses on related overseas legislative trends and NCP dispute case studies so that Korean companies can effectively deal with the strengthened ESG standards. Third, Korean multinational enterprises should preemptively establish an advanced ESG management system to seize new opportunities in the global supply chain previously concentrated in China and India in the process of reorganizing global supply chains according to the trend of strengthening ESG standards and the US value alliance strategy.

Abstract

This study aims to provide the main contents of the revision of the 2023 OECD Guidelines for Multinational Enterprises and suggest implications for the Korean government and multinational enterprises.Following the brief history of the revision of OECD Guidelines for Multinational Enterprises, this study reviews and evaluates major substantive and procedural revisions of the 2023 OECD Guidelines, and then suggests countermeasures for Korean government and businesses.The most significant substantive change of the 2023 revision is that expectations for environmental due diligence and disclosure obligations, including climate change and biodiversity, for multinational enterprises have been expanded and strengthened. Regarding procedural changes, the biggest change is the introduction of a basis rule for the National Contact Points for Responsible Business Conduct (NCPs for RBC) to judge each issue and a rule that the final statement must include follow-up details and deadlines, which is expected to strengthen the effectiveness of the NCP dispute resolution mechanism.This study is the first academic paper to introduce major substantive and procedural revisions to the 2023 OECD Guidelines for Multinational Enterprises in Korea. This study also provides implications for the Korean government and companies following the 2023 revised OECD Guidelines for Multinational Enterprises as follows. First, the Korean government must establish a public–private partnership to closely communicate to prevent Korean companies from being harmed by failing to meet strengthening international Environment, Social and Governance (ESG) standards. In addition, Korean government should actively participate in ESG-related international forums, including the OECD, and strive to reflect the needs and interests of Korean companies. Second, the Korean NCP should strengthen its activities to prevent potential damage by expanding education and promotions for Korean businesses on related overseas legislative trends and NCP dispute case studies so that Korean companies can effectively deal with the strengthened ESG standards. Third, Korean multinational enterprises should preemptively establish an advanced ESG management system to seize new opportunities in the global supply chain previously concentrated in China and India in the process of reorganizing global supply chains according to the trend of strengthening ESG standards and the US value alliance strategy.

참고문헌 (18)

  1. Ahn, K. H., "A study on the use of arbitration of ESG disputes for responsible business conduct (RBC)", Korean Journal of International Trade and Business Law, 31(1) (2022)
  2. Ahn, K. H., "Responsible Business Conduct and the OECD Guidelines for Multinational Enterprises" (2018), Samyoung Publishing Co
  3. "Revamp of the OECD guidelines: what’s changed?" (2023)[URL]
  4. "What’s New?: ‘Targeted Update’ Strengthens OECD Guidelines for Multinational Enterprises" (2023)[URL]
  5. Joe, I. H., "The revision of the OECD guidelines for multinational enterprises", Presented at the Korean Association of Social Security Law & the Korean NCP Joint Seminar (2023)
  6. Lee, S. S., "OECD guidelines for multinational enterprises as an instrument addressing human rights abuses committed by multinational enterprises", Seoul Law Journal, 55(3) (2014)
  7. Lim, S. T., "New standards for international trade, ESG", Tongsang, 14 (2023), Ministry of Trade, Industry and Energy
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  9. "CSR is dead! What’s next?" (2016)[URL]
  10. Consultations on the OECD guidelines for multinational enterprises, aide-memoire, "OECD", ~, pp.DAFFE (2000), IME(2000)2
  11. OECD, "OECD Guidelines for Multinational Enterprises, 2011 Edition", OECD Publishing, ~ (2011)
  12. OECD, "OECD Guidelines for Multinational Enterprises on Responsible Business Conduct", OECD Publishing, ~ (2023)
  13. Oldenziel, J., "The 2000 review of the oecd guidelines for multinational enterprises: a new code of conduct?", SOMO (Center for Research on Multinational Corporations), ~ (2000)
  14. "Protect, Respect and Remedy: A Framework for Business and Human Rights : Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie, United Nations" (2008)[URL]
  15. "2023 Update of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct" (2023)[URL]
  16. Schliemann, C, "Procedural rules for the implementation of the OECD guideline for multinational enterprises – a public international law perspective", German Law Journal, 13(1), pp.51~85 (2012)[DOI]
  17. UN, "Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework", United Nations, ~ (2011)
  18. van’t Foort, S., "The history of national Contact points and the OECD guidelines for multinational enterprises", Journal of the Max Planck Institute for European Legal History, 25 (2017)

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