Responsible Tax in Multinational Enterprises – Why?

By Peter Koerver Schmidt

The tax practices of multinational enterprises (MNEs) attract massive interest in these years from the general media, policymakers as well as academia. This public interest is positive, as the subject is both interesting and important. At times, however, the debate can be polarized and rather futile.

Two quotes exemplify the wide spectrum of opinions quite well. On the one side of the spectrum, the more traditional opinion which in the words of NYU Professor David Rosenbloom can be expressed like this: “Taxes are a cost, like any other cost. There is nothing magical or special about taxes as a cost, except that they are subject to adjustment by government action.”[i] And on the other side of the spectrum, UK MP Margaret Hodge’s statement concerning Google’s tax planning set-up “We’re not accusing you of being illegal, we are accusing you of being immoral.”[ii]

Tax is and should be regulated by law

Currently, the zeitgeist strongly seems to favor the latter opinion, and it is often argued that MNEs face a moral or ethical obligation not to engage deliberately in strategic tax behavior solely designed to minimize tax payments. In other words, MNEs should act responsibly and refrain from aggressive tax planning.[iii]

Even though such statements are understandable and well intentioned, it is worth bearing in mind that taxation traditionally – and for good reasons – is an area densely regulated by law.

Generally speaking, the legal order (rule of law) creates stability and foreseeability and acts as an obstacle to power holders of society. This is also important within the area of taxation, as taxes are not voluntary and since taxation is a complex balancing act that needs to be carried out in a transparent democratic order. Moreover, equal and objective treatment of taxpayers presupposes a legal standard, as social/ethical norms are too vague to provide adequate guidance. Finally, yet importantly, procedural justice requires that taxpayers – including MNEs – have access to independent judicial review, in order to give the taxpayers a proper chance to explain themselves and to appeal.[iv]

Reputational risks and shareholders of flesh and bone

Does this mean that everything should just remain as it (perhaps) used to be?

In my opinion, the answer is no. Accordingly, policymakers should cooperate on a global and regional level (as they are already doing at the level of the OECD/G20 and the EU), in order to improve the current international tax regime and reduce the possibilities for applying aggressive tax planning strategies. Moreover, well-managed MNE’s should take account of the fact that the wider public expects them to act responsibly and to refrain from aggressive tax planning.

The reason why MNE’s should acknowledge the growing public distaste for aggressive tax planning strategies is in my view two fold, and does not rest on an inherent social/ethical obligation to so.

Instead, the first argument is based on the fact that responsible tax behavior by an MNE can mitigate a number of corporate risks and that corporate tax planning must be balanced against the potential costs of triggering reputational damage.[v] The second argument is that the management in MNEs should focus on maximizing shareholder welfare, not shareholder value.[vi]

In other words, it should be taken into account that shareholders at the end of the day are ordinary people of flesh and bone that are not only concerned about maximizing profits but also have social/ethical concerns. Accordingly, even though MNEs do not have an inherent social/ethical obligation to stay away from aggressive tax planning behavior there may anyway be good reasons to do so.

Currently, there are strong signs that MNEs have become more prone to critically re-consider their tax planning behavior. More and more MNE’s thus prepare and disclose tax policies/strategies that among other things define the framework for their tax planning behavior. In my view, this appetite for implementing policies on responsible tax is both sensible and laudable.


References

[i] H.D. Rosenbloom, Where’s the Pony? Reflections on the Making of International Tax Policy, 63 Bulletin for International Taxation 11, p. 535-542 (2009).

[ii] Public Accounts Committee Chairman Margaret Hodge. Quote from The Telegraph, November 2012: https://www.telegraph.co.uk/finance/personalfinance/tax/9673358/Starbucks-Amazon-and-Google-accused-of-being-immoral.html.

[iii] P. Schmidt & K. Buhmann, Taxation, General Anti-Avoidance Rules and Corporate Social Responsibility in Fair Taxation & Corporate Social Responsibility, p. 227-260 (K. Elgaard et al. eds., Ex Tuto 2019).

[iv] R.P. Österman, Perspectives on Corporate Taxation from a Sustainable Business Perspective in Challenges, in Managing Sustainable Business pp. 371-397 (S. Arvidsson ed., Springer 2018).

[v] A. van Eijsden, The Relationship between Corporate Responsibility and Tax: Unknown and Unloved, 22 EC Tax Review 1, p. 56-61 (2013). See also R. Knuutinen, Corporate Social Responsibility, Taxation and Aggressive Tax Planning, Nordic Tax Journal 1, p. 36-75 (2014).

[vi] O. Hart & L. Zingales, Companies Should Maximize Shareholder Welfare Not Market Value, Journal of Law, Finance, and Accounting 2, p, 247-274 (2017).


About the author

Peter Koerver Schmidt, PhD, is Professor with special responsibilities in tax law at Copenhagen Business School and Academic Advisor at CORIT Advisory. His research mainly focuses upon international (corporate) tax law, and it has been published in Danish, Nordic and international journals and anthologies. In addition, he has authored and co-authored a number of books, including a dissertation on Danish CFC legislation from an international and comparative perspective.

Photo by 401(K) 2012 available on Flickr.

Lead where others follow

By Sim de la Torre

One of the most exciting and influential areas of business today, Governance & Sustainability has also become a must-have skillset for business leaders looking to stay on top of their game. An MBA level certificate in Governance and Sustainability from CBS will enable you to take your organisation to the next level.

Providing sustainable directions

There’s little doubt that today’s business environment is evolving at a striking rate. And the increased focus on sustainability from the perspective of risk management, compliance and governance can often leave business leaders searching for clarity when they should be providing direction. These are strategically critical elements – some might say preconditions – of business today and they are defining the debates that are being held in boardrooms across the globe.

Andreas Rasche, Professor of Business in Society and CBS Associate Dean, explains more about this cutting-edge Concentration.

“To date, a lot of the conversation has been focussed on either the CSR or philanthropic agenda, but ours is based on the modern understanding of sustainability and how to govern; how to set agenda; and how to include cutting edge thinking and action across the sustainability field.”

Sustainable finance is one example of where managers are being challenged in this arena. How do you integrate wider social and environmental concerns – or responsibilities –  into your financial decision making? This is one of the Concentration’s key topics and MBA students will learn to balance the needs of society with the needs of their organisation.

Sustainability toolset

“Meanwhile,” says Professor Rasche, “another trend that we cover is corporate governance and risk management, which is all about steering an organisation and equipping you with the tools to make intelligent and reasoned recommendations to the board. The course will enable you to plot a path for the company from a business mindset while weaving in sustainability. And of course, we also help you to identity and exploit the opportunities that your organisation will face as a result of this agenda.”

Across the globe, the corporate governance debate is happening at the highest level of business and the leaders of today and tomorrow need to know how to have these conversations and how to steer their organisations effectively.

Be where the focus is

Other aspects covered by the course include circularity, which is particularly relevant to modern leadership, as well as risk management which often appeals to practitioner students. Says Professor Rasche,

“These mindsets can have a huge influence on an organisation and again, we’ll give you the tools you need to not just understand the conversation, but to make a valued input and be part of the debate. The things you learn today on this course will equip you for tomorrow. If you want to really know more, come and join us. Be where the focus is.”

In April 2020, you can start your CBS Executive MBA with a Concentration in Governance & Sustainability.  


About the author

Sim de la Torre is a former journalist turned freelance writer working with the CBS MBA programmes.

Photo by Ian Stauffer on Unsplash

AI: A new culprit in missing the sustainability mark?

Lara Anne Hale

Artificial intelligence (AI) is championed as being the future driver of business: everything from human resources to surgery is supposed to become perfectly effective. But what if AI actually becomes a culprit blocking the way forward for sustainability?

Bias in AI

An example, to get us started:

Bob and Joe are colleagues. They are work friends, and they share many of the same worldviews – as well as biases. They are jointly programming the algorithm for machine learning that will train an AI to behave as they expect it should. In a number of ways that are difficult to detangle: Bob and Joe’s Biases → Machine Learning → AI.

In a recent article in The New York Times, AI professionals explored how to push back against social bias, as it “can be reflected and amplified by artificial intelligence in dangerous ways, whether it be in deciding who gets a bank loan or who gets surveilled.” As Ola Russakovsky points out in the article, there are all kinds of bias in AI because it reflects the way our world already is.  I’m here to point to one of those different kinds of bias – more specifically, institutional bias.

AI for Sustainable Building

In my day-to-day research, I’m regularly confronted with one such institutional bias in the building industry: cost savings and energy efficiency are more important than human well being. This long standing bias persists, despite whole cities filled with buildings that are harmful to health, hardly last beyond 25 years, and still do not achieve the desired energy performance. In trying the avoid dealing with lovely but complicated human beings, the building industry gets in the way of sustainable building.

After all, it’s only human. Or is it? There is increasing pressure for AI to be integrated into systems for both building construction and facilities management, though both applications perpetuate the bias for economic and energy efficiencies. Not surprisingly, this is what AI is meant for: to do what we already do, but better. So how can we innovate AI that does something that we don’t already do – for example, to consider more comprehensive sustainability?

Urban Tech and Co-Innovation

Yet, society is not fixed, and there are inspiring efforts to continuously innovate our industrial systems by bringing together established businesses and startups for problem solving. One well known example of this is the BMW Startup Garage in Germany. Last year, we saw the advent of such a program for the built environment here in Copenhagen, called Urban Tech, which will run three cycles from 2019 through 2021.

In the process of working with the 2019 VELUX Group – Foobot team on innovating AI for better indoor air quality, I was surprised to find that same institutional bias reflected from Foobot. The implications were that instead of training the AI to respond to people, their health and their needs – as academic and industrial research have indicated is critical for sustainable building – they focused the AI on energy efficiency. But ultimately, I found this to be an exercise of optimism.

Co-innovation gave us the opportunity to unhatch hidden elements of AI bias and to work together to figure out the next steps forward for bringing digitization and sustainability together in the built environment.

Sustainability Training for AI

Although there are calls to remove AI bias and to set up regulatory mechanisms to control for it, I wonder if either of these are feasible (a pondering shared in this WIRED Magazine article). AI is, after all, what we make of it. Though we cannot do what is not feasible, we can ponder what is desirable. In line with the voluntary integration of sustainability into corporate reporting, as well as building standards, what if we integrated sustainability considerations into frameworks for training AI?

Well, an android can dream…

Join and discuss these and related AI topics at the Reshaping Work’s AI@Work Conference in Amsterdam 5-6 March 2020. Lara will be presenting her work on “Faster horses: Collaborative AI innovation between incumbents and startups.”


About the author

Lara Anne Hale, Ph.D., M.Sc., Assistant Professor, Industrial Postdoc Fellow with CBS and VELUX. Lara conducts transdisciplinary research on sustainability in the built environment, including aspects of digital transformations, circularity, user-centered design, and systems thinking. Her current project focuses on business model innovation for smart buildings in the BLOXHUB Science Forum ‘Smart Buildings & Cities’ research group, supported by the Danish Innovation Fund and Realdania.


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Helpful hypocrisy? The ‘ironic turn’ in corporate talk about sustainable development

By Sarah Glozer and Mette Morsing

Do you feel uneasy to think that companies use a humorous tone in their communications about grave challenges such as climate change, pollution and inequality? We suggest the notion of helpful hypocrisy to coin this new ironic turn in recent corporate communications.

Ironic campaigns

We have ourselves been intrigued by this new ‘ironic turn’ in corporate communications. Large international fashion brands such as Patagonia, Benetton and Diesel have recently challenged conventional informational approaches to marketing communication about sustainability, choosing instead to incorporate a humorous (or more precisely, an ironic) edge to their visual representations as they address issues of climate change.

Such campaigns are ironic because they bring a twist of message incongruity and ‘double talk’, where they show a world within which ambiguity, incongruity and contradictions are real and leaving it to consumers what to make of it. This stands in sharp contrast to conventional prescriptions in marketing communications where the idea of ‘one message’, or what we refer to as ‘single talk’, prevails with the purpose of targeting consumers effectively. In our recently published paper, we suggest the term ‘helpful hypocrisy’ as a way of coining the ironic turn.

On the one hand, these new ironic messages show consumers the dire consequences of pollution, climate change, flooding and deforestation (i.e. implications of consumption) and on the other hand, they simultaneously carry strong aesthetic appeals to enjoy life and consume more, comforting consumers that ‘life goes on’ and hedonistic lifestyles will continue. In new ‘twisting’ advertising campaigns, companies blend these two narratives in complex, ironic visualization.

Such double talk is often deemed hypocrisy and greenwashing in research as well as in practice. And while we agree with such assessment, our analysis shows that there is also something else going on.

Double talk

We point to how such double talk may also provoke critical reflection and surprise through displaying inconsistencies between ‘talk’ and ‘talk,’ and hereby engage its audiences as more than passive recipients. In a cosmopolitan context, where people like to think that they are able and capable of critically reflect on their own lives and make their own decisions, preaching and moralizing communications about ‘good behavior’ is becoming increasingly less effective.

Youth is particularly opposing being told what to do. And even in spite of the severe consequences of continued consumption, a certain ‘climate change fatigue’ has entered the market. Consumers know that they should buy less and more sustainable products, but they are resistant to messages that give them feelings of guilt and shame.

In such a world, we suggest, one way to gain traction is to engage audiences in ironic and humorous communications in which the receiver is him- and herself activated to interpret incongruous ambiguous messages.

Helpful hypocrisy

Analyzing Diesel’s Global Warming Ready campaign, we find how the technique of irony is particularly outspoken as beautiful people in beautiful clothes are inserted into out-of-place environments, juxtaposing them if you will, by the dire implications of climate change, in a way which makes the whole scenery appear absurd.

In our analysis, we develop an analytical model that positions irony and double talk vis a vis conventional marketing campaigns.

We point to how the blend of climate change and luxury consumption is an ambiguous affair, and we show how incongruity is present across four levels of Diesel’s use of irony: fantasy versus reality (framing), survival versus destruction (signifying), utopia versus dystopia (symbolizing) and political activism versus consumer society (ideologizing).

Without moralizing or telling consumers what to do, or even restraining from telling consumers how good the corporate sustainable activities are, Diesel exposes the ambiguities of society and sustainability by using humor.

Now, we are not fooling ourselves. Diesel is a company with an ambition of selling more products. And where satire is a technique that intends to improve humanity by critiquing its ‘follies and foibles’, companies are generally known to have less noble ambitions.

But we argue – with Swedish sociologist Nils Brunsson – that “hypocrisy appears to be exactly what we demand of modern organizations: if we expose organizations to conflicting demands and norms, and expect that they should respond to them, then we must also expect hypocrisy” (1993: 8-9).

We propose that irony may be considered a means of ‘helpful hypocrisy’ in which the public is exposed to the contradictions and vices of society with the purpose of changing people’s opinion and create betterment of society.


References

Brunsson, N. (1989). The Organization of Hypocrisy: Talk, Decisions and Actions in Organizations. Wiley.

Glozer, S. and Morsing, M. (2019). Helpful hypocrisy? Investigating ‘double-talk’ and irony in CSR marketing communications, Journal of Business Research


About the authors

Sarah Glozer is Associate Professor of Marketing and Society in the School of Management at the University of Bath, UK. She is also Deputy Director of the Centre for Business, Organisations and Society (CBOS). Her research focuses on corporate social responsibility (CSR) communication, digital marketing and ethical markets/consumption.

Mette Morsing is Professor and Mistra Chair of Sustainable Markets at Stockholm School of Economics (Sweden) and Professor of Corporate Social Responsibility at Copenhagen Business School (Denmark). Her research concerns how organizations govern and are governed in the context of sustainability. She is particularly interested in how communication, identity and image dynamics work in this regard.


The image is one of the eight images displayed in Glozer & Morsing (2019) from the Diesel Global Warming Ready campaign: New York City submerged in water

Fake news and the future of the truth

By Jan Michael Bauer

At least since the last U.S. elections in 2016, the issue of “fake news” is frequently debated in the public and the news. The strategic and targeted distribution of misinformation to undermine political opponents peaked in the conspiracy theory termed “Pizzagate”.

Originated from leaked emails, the story suggested that the former presidential candidate Hillary Clinton along with other high-level Democrats ran a child trafficking out of a pizzeria in Washington[1]. Despite these absurd claims and the lack of any credible evidence, the owner received multiple death threats and the restaurant was attacked with an assault rifle[2]. Luckily, nobody was injured.

The hunger for likes

Though admittingly an extreme case, this is only one example of many fake news stories shared on social media and often echoed among equal minded users. Even though multiple psychological studies emphasize the human tendency to believe information that supports prior beliefs, it remains astonishing that even the most outlandish fakes find their believers and are frequently shared. This phenomenon fueled by the hunger of many users for likes and reach of their posts, which seems to be extended with more extreme content.

These dynamics have given prominence to the recent focus on “fake news” but looking at the latest technological developments the future might even hold dire prospects.

Modern computer software, like Photoshop©, allows for realistic manipulations of images since many years. While some faked photos have famously traveled through the internet, I would argue that people have developed a healthy and critical attitude towards digital images as people can no longer trust their own eyes. Increasing processing power and novel algorithms start to enable trained users to not only alter photos, but also voice recordings and video material [3]. While not yet perfect, with enough training data these technologies are able to rearrange and even create new audio and video material that is hard to distinguish from the original.

Thinking a few years ahead, it is not hard to imagine that these methods become better and better, and fakes will ultimately be indistinguishable from real footage.

This will allow the creation of fake content about individuals using their own voice and presented by a realistic video of the person without their knowledge. While this will certainly trigger a cat and mouse game between people creating fake material and others trying to identify the fake through digital forensics, it will always be easier to create a fake than detecting one. Hence, one might hope that people develop a similar skepticism towards videos and voice recordings than most have towards images. In any case, the line between what is real and what is fake will inevitably become blurrier as technology increases.

Type 2 error

Currently, the discussion about fake news focuses on the spread of what is literally fake news, the spreading of information that is not true – like Pizzagate. Borrowing from the language and ideas of statistics, people believing the Pizzagate conspiracy make what is called a Type 1 error: they believe a story to be true, even though there is nothing to it.

I, however, would like to focus attention on the second type of error that has so far received less attention. A Type 2 error occurs if someone does not believe a story, even though it is actually true. In other words, declaring something fake news, even though it is real. There are a few recent cases that highlight this problem.

For instance, in 2015 a real video of the former Greek Minister of Finance Yanis Varoufakis surfaced where he showed “Germany the middle finger”. However, in the name of satire, a German comedian wrongly claimed to have created the video by showing a fake video of the Minister only raising a clenched fist and declared it to be the original before his team added the raised middle finger digitally [4]. This “Varoufake” controversy circulated the media until an official clarification stating that the video with a raised middle finger is actually real footage. Resolving the confusion took several days. A long time for the current speed of information on social media.

A more recent example stems from Prince Andrew involved in a sex scandal [5]. Confronted with the accusation of an inappropriate relationship with, at the time, underaged Virginia Giuffre, he claimed to not remember ever meeting her and responded to a photo showing him with his arms around her that there is no way to prove the authenticity of this image and suggested that it could have been faked.

Fakes affecting social media and public opinion

While fakes might ultimately be identified by experts in the famous cases or the court, it is unlikely that social media and public opinion will not be affected by this issue. The mere possibility of fake images, audio, or video evidence might undermine the credibility of real incriminating evidence and help perpetrators spread doubt about the authenticity of evidence against them.

In 2012, a shaky video surfaced where republican candidate Mitt Romney declared 47% of the nation as government-dependent and his job would not be to “worry about these people”. In 2016, a hot microphone recorded Donald Trump before leaving a bus bragging about sexual assault. In the latter case, Trump on numerous occasions suggested that the audio might be a fake,[6] creating doubt at least among some voters, and ultimately won the election.

An increase in such “Type 2 fake news” issues might be even more problematic than the currently discussed Type 1 problems.

If the public can no longer trust any of their senses to separate truth from fake due to technological progress, the democratic process is certainly in danger. And if at some point even experts struggle to clearly identify the authenticity of the evidence, the issue might even spread into our courts and the legal system.

When teaching my students about the different error types in statistics, the lecture generally concludes with the lesson that the probability of making either of the errors is connected. Being more skeptical reduces Type 1 errors but increases the probability of making the 2nd types.

Despite this link, it is ex ante not clear which errors cause more harm and we should be careful that our current emphasis on “fake news” focusing on type 1 error not inadvertently creates too much skepticism which will leave us with many more type 2 errors. “Pizzagate” is the former, climate change denial is the latter.


References

[1] https://www.nytimes.com/interactive/2016/12/10/business/media/pizzagate.html

[2] https://www.nytimes.com/2016/12/05/business/media/comet-ping-pong-pizza-shooting-fake-news-consequences.html?action=click&contentCollection=Business&region=Footer&module=WhatsNext&version=WhatsNext&contentID=WhatsNext&moduleDetail=undefined&pgtype=Multimedia

[3] https://www.youtube.com/watch?v=cQ54GDm1eL0

[4] https://www.euronews.com/2015/03/19/varoufake-when-satire-acts-as-media-watchdog

[5] https://www.mercurynews.com/2019/11/26/cal-forensics-expert-casts-doubt-on-prince-andrews-claim-sex-slave-photo-was-faked/

[6] https://observer.com/2018/09/trump-still-wants-you-to-think-the-access-hollywood-tape-is-fake/


About the author

Jan Bauer is Associate Professor at Copenhagen Business School and part of the Consumer & Behavioural Insights Group at CBS Sustainability. His research interests are in the fields of sustainability, consumer behavior and decision-making.


Last year, the Seminar on Fake News – Digital Transformation Platform took place at Copenhagen Business School. The organizers highlighted: The problem of Fake News and other problematic online content is one of our times’ most pressing challenges — it is widely believed to have played a major role in the election of Trump and the current situation with Brexit.

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Why consultations on large projects should matter to citizens as well as companies

By Karin Buhmann, Sanne Vammen Larsen and Anna-Sofie Hurup Skjervedal. This article is based on their previously written piece for the Centre for Business and Development Studies.

Insights into the concerns or needs of communities or individuals who may be affected by planned or proposed private or public energy projects or infrastructure projects is important for those who will eventually decide whether the project will be approved to make an informed decision. Such insights can be gained through consultations carried out as part of assessments of the environmental or societal impacts of projects.

This begs the question: what is a good process for stakeholder engagement of local communities and citizens in impact assessment processes? This is a global issue that in recent years has come to be high on the agenda in countries from the Arctic to the Global South.

Consultations as part of impact assessments

Consultations allowing for stakeholder involvement in impact assessments are common in regard to private projects concerning the establishment of mines, windfarms, sun-power farms and dams for hydro-power. The same applies to public infrastructure projects such as airports, roads and ports, which are often necessary for the transport of the products to be gained from private projects.

Societal impacts of projects are typically assessed through social impact assessment (SIA), environmental impact assessment (EIR), or human rights impact assessment (HRIA), or combined approaches such as ESIA or ESHRIA. All aim at identifying and preventing or mitigating adverse impacts and advance positive impacts, of planned projects or extension of existing ones. It is customary and often mandatory for the impact assessment to involve local stakeholders who are or may become affected by the project.

This typically takes place through consultations, which may take a variety of forms to enable public participation in the identification of the impacts of the planned activities. Consultations are organized by authorities or the organization having applied for a permit to engage in the new activity. In addition to environmental impacts, impact assessments often include the project’s effects on a range of broader societal issues, such as health and safety in the local areas, employment, local business and sources of income generation, etc.

The Nordics and many other countries have introduced mandatory consultations of local communities. Some international development banks, e.g. the World Bank, have made certain loans conditional on impact assessments.

Uncertainty about consultations

Despite the great significance of consultations for stakeholder involvement, there is often uncertainty with local communities and other groups of affected stakeholders in regard to what exactly a consultation is, what it entails and what to expect of the process. Moreover, even when consultations have taken place it is not infrequent that affected communities are unhappy with the process or the extent to which authorities take their concerns or needs into account.

For example, Sami groups living in the High North have complained to authorities in Norway and Sweden because they are concerned that windfarms disrupt the grazing areas of their reindeer and, as a consequence, the traditional way of life of the Sami. Authorities and business enterprises can also be unsure about what constitutes the proper process or ‘best practice’ for consultations with affected stakeholder.

Photo: Reindeer at Kvalsund, Norway/ K. Buhmann, 2019

What is a consultation?

Consultations on project activities are carried out to provide an informed foundation for decisions to be made. In providing access to participation in decision-making on activities that will affect one’s life at the everyday level, consultations contribute to a form of very direct democracy and can be argued to be part of the human right to public participation.

Consultations provide citizens with an opportunity to ask questions and express their views on a project. But as is the case for other democratic processes, one does not have a claim to seeing one’s views winning out. This is an important aspect for the appreciation of what to expect of a consultation; how to engage in a consultation process; and the information that authorities, companies and consultants must or should provide when conducting consultations.

It is not infrequent that consultations are conducted by a company involved in the project. A good consultation process marked by sincere dialogue and appreciation of local concerns can build understanding and acceptance of the final design of the project. A process that does not live up to local stakeholders’ expectations of influence can lead to the opposite result.

Accordingly, it is important for involved companies as well as authorities to ensure that stakeholders are given the information necessary to understand and assess how the project may affect them, what their rights are and what they can expect of the consultation process.

Local stakeholders’ expectations and understandings

Our investigations have demonstrated that it is not infrequent for actually or potentially affected stakeholders in a local community to be uncertainty of what a consultation entails or what to expect of the process and result. Others have shown that frustration results when authorities do not seem to take views made during a consultation into consideration in their decisions.

During meetings in northern Scandinavia in June 2019, we met with several inhabitants in Sápmi, who expressed frustration with consultation processes. Sápmi is the cultural region traditionally inhabited by the Sami people, an indigenous people who traditionally live from reindeer herding and fishing. Grazing areas on which the Sami’s reindeer depend are adversely affected by the establishment of windmills and mines.

Sami communities are involved and asked for their views through consultations, but they also see authorities granting permits to put up windfarms and new mines on contravention of the contesting views and concerns presented by the Sami during consultations. Authorities in Norway have granted permission to open a new copper mine in Northern Norway despite the opposing views submitted by the Sami Parliament (Sametinget). The motivation to engage actively in future consultations easily gets reduced, even with those who are aware that a consultation does not equal a claim to one’s views to be granted when central authorities are seen to make decisions affronting local democracy.

Some of our other meetings have shown that when English is a working language or the common ’lingua franca’ in an area that does not have English as its main language, mistranslations may occur and lead to misunderstandings about the process and objectives. For example, the Danish term for consultation, ‘høring’, often gets translated into English as ‘hearing’. This may give unintended associations to the conflict-oriented type of ‘hearing’ that takes place in courtrooms and it’s objective of determinations leading to a winner and a looser, thereby disrupting the understanding of the consultation’s objectives of dialogue and developing workable solutions. Our fieldwork in Greenland and elsewhere offers several examples of this mistranslation.

Consultations and the corporate ’social license to operate’

Consultations can contribute to risks of adverse impacts being identified and addressed before they develop into actual problems because consultations offer opportunities for local stakeholders, including those who are actually or potentially directly affected by the proposed project or project idea to express their concerns.

Because of this consultations not only matter to the longer-term well-being of the local community, but also to relations to the organization that is behind the project giving rise to the consultation.

For example, a consultation concerning a proposed mine matters not only for local stakeholders who are concerned with the mine’s impact on grazing areas or the quality of water, but also for the perception of the company that wants to carry out the project, and for trust in authorities who will be granting the permit or prescribe changes and conditions.

Authorities often delegate the task to conduct a consultation to the company that applies for an exploration or exploitation permit. One the one hand, this may strengthen the consultation process because the company conducting the process knows the project very well and is able to reply to questions of a technical character. On the other hand, participation in the consultation and trust in the process may suffer if local stakeholders, who are worried about contamination or other harmful effects, suspect that the consultation may be influenced by the company’s interests.

‘Fox in the henhouse’

Allowing the company that applies for a permit for the project to conduct the consultation can appear like letting the fox into the hen house.

However, if performed well, the company will obtain a better appreciation of the project’s impacts and will be able to make relevant adaptions. Likewise, authorities often lack both the necessary technical knowledge and other resources to conduct consultations. Companies lack knowledge, for example in regard to local issues are expected to purchase relevant expertise through consultant advice. The company thereby invests in establishing the necessary informed knowledge foundations for the permit to be granted by authorities.

When companies are given the responsibility to conduct consultations that may affect the decisions to be made by authorities, it is important that they carry out a correct and good consultation process that allows local stakeholders to participate at times suitable to them. If a consultation takes place during normal working hours many local stakeholders may decide to stay away because participating would mean a loss of income.

Likewise, participation may be limited if the consultation takes place in a location that requires long transport. Consultations conducted in another language than the local one reduces the opportunity for local stakeholders to engage in a dialogue. Unless technical or health-related issues are explained in a manner that matches the prerequisites of local stakeholders, risks arise that they will not obtain an adequate understanding of the impacts of the project. This will increase risks of misunderstandings and that relevant questions remain unasked, or that relevant concerns are not voiced.

Photo: Sheepfarm in Qassiarsuk, Narsaq area /K. Buhmann 2018

During field workshops in Southern Greenland in August 2018, we were given insights into a diversity of local experience of consultation processes and expectations. The point of departure for our meetings was a proposed mine in Kuannersuit (Kvanefjeld) by the town Narsaq. Greenland’s eight largest towns, Narsaq has a population of around 1,500 and is placed in an area with extensive sheep grazing and tourism based around ruins of the Norse settlers. The mine will produce diverse minerals and rare earth elements, with uranium as a by-product due to high uranium contents at this specific site.

Consultations have been conducted by the company. We met with several sheep-farmers and actors in the emergent tourism sector who expressed concern whether uranium dust from the mine would harm their business, income and human and animal health in the area. Several individuals were frustrated with the process of the consultation, such as meetings taking place at locations or times of the day or year that made it difficult for the sheep farmers to travel to the meetings and take part in them. Moreover, as the Sami noted above, several people in the Narsaq area were basically concerned that the authorities do not seem to take the concerns voiced into account. Several questioned whether the process is accordance with the ideals of a democratic society.

Ups and downs of consultations

When consultations work well they can contribute to a sense of common or including decision-making. Research shows that this underscores the acceptance of the resulting activity, related to what is sometimes referred to as the legitimacy of the activity.

When consultations do not work well they can have the opposite effect and undermine trust, not just in the specific project but also in the company or companies involved. This relates to what is sometimes referred to as the ‘social licence to operate’. The term ’social licence to operate’ relates to the risk of loss, that a company (or companies) run as a result of local protest or opposition to a project for which they have applied for a legal licence.

Even if a company has obtained a legal licence, for example, to undertake the exploration of minerals, local opposition may be present. There are indications that a weak social licence to operate is on the rise in Greenland, thereby affecting the local legitimacy of projects like the Kuannersuit mine in Narsaq (Bowles and MacPhail, 2019).

Greenland is a country based on the rule of law with strong institutions and regulation and traditionally a relatively high level of trust in authorities and their decisions. Observations that in such a society and despite formal requirements, there is lack of trust in consultations and arms-length between authorities and companies conducting the consultations, and that concerns voiced by local stakeholders during consultations are taken seriously and acted upon are severe indications that formal procedures are not sufficient for a good consultation process. Accordingly, it is important to understand what constitutes a good consultation process from the perspective of the individual stakeholder, even if there is still no claim to having one’s way in regard to the final decision.

References

Bowles, P & MacPhail, F (2019) Coming to the Surface: The Social Licence to Mine in Greenland. Paper submitted for international seminar ‘Problems and Perspectives of social responsibility in natural resources exploration, exploitation, and management’, Pskov State University, Pskov (Russia) 23-25 October 2019 (on file with lead author).

About the authors

Karin Buhmann is Professor at Copenhagen Business School, where she is charged with the emergent field of Business and Human Rights. Her research interests include what makes stakeholder engagement meaningful from the perspective of so-called affected stakeholders, such as communities, and the implications for companies and public organisations carrying out impact assessments.

Sanne Vammen Larsen is an expert in the field of environmental planning and impact assessment, with a focus on integration of climate change in Impact Assessment, local processes and social impacts, and dealing with risk and uncertainty. She is employed as an associate professor at The Danish Centre for Environmental Assessment at Aalborg University, Denmark.

Anna-Sofie Skjervedal is PhD from Ilisimatusarfik – the University of Greenland and Aalborg University, and special consultant in public participation within the Municipality of Sermersooq, Nuuk, Greenland. Anna-Sofie specializes in public participation within impact assessment processes in relation to extractive industry development in Greenland with a focus on meaningful youth engagement.

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Female entrepreneurs & reward-based crowdfunding: Offline inequality and online equality?

By Kristian Roed Nielsen

Traditional sources of entrepreneurial finance tend to favor men, while female entrepreneurs are often bypassed. Thielst, G.H. (2019), for example, found that Danish investors tend to be more skeptical towards female entrepreneurs and place higher demands on them for details, numbers, and forecasts. However, with the emergence of reward-based crowdfunding we are witnessing an outcome contrary to this offline gender inequality, that women are systematically more successful than men (Gorbatai & Nelson 2015, p.1). Let us explore why.

Reward-based crowdfunding – how does it work?

Reward-based crowdfunding is an increasingly common source of finance for a diversity of entrepreneurs and creative projects, where individuals invest a pre-defined amount of money with the expectation that if successfully funded, they will receive a tangible (but non-financial) reward often in the form of a product or service.

In reward-based crowdfunding hitting ones funding target is thus of critical importance as the campaign, as otherwise the pre-invested (or pledged) money would be returned to the backers.

Reward-based crowdfunding, like other forms of crowdfunding, is thus dependent on the successful interaction between a number of actors including the central organizing platform, a number of content providing campaigns, and a large diverse group of funders/backers.

(Nielsen 2018)

The growth of reward-based crowdfunding has moved it beyond a niche phenomenon exemplified by the fact that in the past decade it has resulted in more than $10 billion in pledges from over 75 million backers (Blaseg et al. 2020) and has thus rightly captured researcher attention.

Female founders and reward-based crowdfunding

A diversity of studies into the antecedents of success in a reward-based crowdfunding context have all observed similar results – that women are significantly more likely to achieve their funding goals as compared to men (see Gorbatai & Nelson 2015; Marom et al. 2016; Greenberg & Mollick 2016; Nielsen 2019). Some of the reasons we have uncovered thus fare include differences in funding goals, communication styles, and activist female backers.

Both my recent research into crowdfunding in Denmark (Nielsen 2019) and the work by Marom et al. (2016) find that women tend to ask for less and thus also subsequently raise less through successful campaigns as compared to men.

For example, in a Danish context women had an average funding goal of 23.746,00 DKK as compared to men who set it at 27.960,00 DKK. Men therefore also experienced, when successful, more financial support earning on average 6.000,00 DKK more than women.

However, these differences in funding goals also mean the women are significantly more likely to actually hitting their funding goal and thus actually being financed. Women’s financial expectations of what they can raise through crowdfunding thus seem better aligned with reality. However, these differences in funding goals only account for parts of the overall picture.

In addition, Gorbatai & Nelson (2015) found that the communication style of women on crowdfunding platforms trended towards more inclusive and emotional language which in turn is positively associated with funding success. They thus propose that “the institution of crowdfunding may reduce gender inequalities in the fundraising arena by benefitting the communication style of women.” (Ibid, p.1).

Finally, both Marom et al. (2016) and Greenberg & Mollick (2016) found that female backers showed a significant preference for supporting women-led projects. Moreover, Greenberg & Mollick (2016) suggest results from “activist choice homophily” where “women are more inclined to fund women entrepreneurs because of perceived shared structural barriers that come from a mutual social identity.” (Leitch et al. 2018, p.110). They find this trend especially strong in industries in which they are least represented (e.g. technology industry).

Reward-based crowdfunding favors female founders

Thus, unlike many other forms of financing (Sorenson et al. 2016), women appear to benefit from reward-based crowdfunding for the noted reasons: communication style, activist female backers and not least financial expectations that are better aligned with crowdfunding as a financing tool.

However, as with all other research, these initial findings are not universal nor have many of them been validated by follow-up studies and the results are therefore far from conclusive. Nonetheless, we can with a certain degree say that reward-based crowdfunding contrary offline source of innovation finance systematically favors female founders.


About the author

Kristian Roed Nielsen is Assistant Professor at Copenhagen Business School and visiting researcher at Mistra Center for Sustainable Markets at Stockholm School of Economics. His research focuses on consumer behaviour, crowdfunding, sustainable consumption & innovation and user innovation. He strives to examine what, if any, potential role the “crowd” could have in driving, financing and enabling sustainable entrepreneurship and innovation. Seeking to uncover what role the consumer could have in enabling and financing sustainable innovation.

More about crowdfunding

Reward-based Crowdfunding for Sustainable Entrepreneurs: A Practitioner’s Guide

Crowdfunding for Sustainability: Creating a platform for sustainable ideas

The Winners and Losers of Reward-based Crowdfunding

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