L’« ISO 26000 WASHING », UN RISQUE LIÉ AU STATUT DE LA NORME ISO 26000

Abstract

The effectiveness of the Corporate Social Responsibility (CSR) is not secured by a mere
multiplication of relevant norms. Nor is it secured by the original status of Guidance on social
responsibility ISO 26000 which, though the first international standard for Social Responsibility, to
all types of Organizations (SRO), cannot either act as a guarantee against according deviating
actions. Similar to greenwashing, freedom concerning the ISO 26000 standard’s implementation
does not actually exclude a risk of « ISO 26000 washing », right because of the lack of certification
authorized by third-parties. Moreover, the fungibility of the foregoing international standard, with the
public norms it grounds in, can be confusing as to the respective roles attributed to the States and
other organizations.
The present conceptual article questions the specificity of this « standard-border » between public
and private norms, to investigate whether it constitutes a source of progress or a risk of regression
for the CSR. This article analyzes, precisely, the position of this private standard, as soft law
instrument, within the legal system. Furthermore, the present research assesses the risks in terms of
regulation, given that this Guidance on social responsibility is based on the public body of CSR
standards. In particular, discussion is focused on the framing attempts by French Law, and even the
attempts of misappropriation by some stakeholders