Global soft law and preventative public health: Leverage Corporate Social Responsibility and corporate law frameworks to address the Commercial Determinants of Health

The growing body of legal scholarship related to international public health issues has encouraged the expansion of public health law to include “global health law”. The Framework Convention on Tobacco Control has been highlighted as the first global health treaty with regular calls for similar global health treaties to address other unhealthy industries. To undermine the FCTC, the tobacco industry has continued to use indirect influence strategies including reputation management, engagement in the public policy process and front groups. However, other commercial sectors such as retailers who also benefit from continuing a business-as-usual model of unhealthy commodity supply have received much less attention.

The current focus on corporate social responsibility (CSR) is used by such corporations as a key channel by which they can “healthwash” their corporate activities. Researchers have argued that CSR is an emerging international soft law, a “global level policy resting on a foundation of international, uncontested norms”. However, compliance with these instruments, and the emerging regulatory frameworks such as the Modern Slavery Act, are rarely enforced, nor do these instruments have appropriate or effective remedies.

This case study explores whether CSR obligations and corporate law in Australia can be used to leverage the major supermarkets chains to support tobacco control, despite the economic benefit they draw from tobacco sales. This research highlights how CSR obligations and corporate law in Australia may be leveraged and strengthened to address preventative health issues, and regulate the commercial determinants of health.