This book combines empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation in a post-national legal order. It sets out new procedural suggestions for legitimate collaborative regulation of global sustainability issues in a global legal and political order.
This book combines empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation in a post-national legal order. It sets out new procedural suggestions for legitimate collaborative regulation of global sustainability issues in a global legal and political order.
Karin Buhmann is Professor in the Department of Management, Society and Communication at Copenhagen Business School. Her dedicated charge is the field of Business and Human Rights. Her teaching and research interests are in the areas of business responsibilities for human rights, Corporate Social Responsibility, sustainability and public-private regulation. She has published widely on these and related areas.
Inhaltsangabe
PART I: SUSTAINABILITY, TRANSNATIONAL ECONOMIC ACTIVITY AND REGULATORY CHALLENGES Chapter 1: Introduction Setting the stage Objective, method, key terms and delimitations Chapter 2: Regulatory Innovation: Non-State Actors and Sustainability Norms Regulation companies in conventional international law Regulatory innovation in theory: involving non-state actors in super-national law-making Regulatory innovation in practice: Public, private and hybrid law-making for sustainability and business conduct Corporate Social Responsibility, sustainability and governance needs Actors, interests, and significance for the construction of norms on sustainable economic conduct Chapter 3: A Multiple Case Study Representing a Diversity of Processes and Outputs for Business Conduct and Sustainability Context: Juridification and international policy developments UN initiatives on normative guidance on Business & Human Rights: From contestation and disagreement to deliberation and negotiated agreement Multi-stakeholder hybrid initiatives for norms for business conduct: the UN Global Compact, EU processes and ISO 26000 PART II: LEGITIMACY AND PUBLIC-PRIVATE REGULATION OF TRANSNATIONAL SUSTAINABILITY CONCERNS Chapter 4: Theoretical Perspectives on Participatory Law-Making, 'Compliance Pull', Communication and Legitimacy Instrumental approaches to law Legitimacy and 'compliance pull' in international law Input, throughput, output and legitimacy: the deliberative turn in rule-making Modernising international law: towards participation in super-national law-making Chapter 5: Power, Privilege and Representations of Interests Why collaborative regulation? Revisiting the roles of participation and power for output Communicating for change: inducing self-regulation by speaking to the concerns and interests of stakeholders Process, reflection and outputs Participation, power and legitimacy Outlook for collaborative regulation Chapter 6: Proceduralisation for Legitimacy Complementarity of reflexive law and deliberative law-making for legitimacy Procedural design and process management Procedure, trust and legitimacy Summing up on findings before proceeding to the proposed solution PART III: COLLABORATIVE REGULATION Chapter 7: Foundations for Collaborative Regulatory Scope of application Proceduralisation Procedural design and power Towards constitutionalisation? A prospective treaty on participation, procedure and rights of non-state actors in super-national law-making Chapter 8: Steps for Collaborative Regulation Issues to be considered in a formalised process of collaborative regulation Steps for proceduralisation in a specific case of collaborative regulation Chapter 9: Summing up and Looking Ahead Recapitulation A condensed version of the theoretical basis, analysis, argument, and new theory Looking ahead Bibliography
PART I: SUSTAINABILITY, TRANSNATIONAL ECONOMIC ACTIVITY AND REGULATORY CHALLENGES Chapter 1: Introduction Setting the stage Objective, method, key terms and delimitations Chapter 2: Regulatory Innovation: Non-State Actors and Sustainability Norms Regulation companies in conventional international law Regulatory innovation in theory: involving non-state actors in super-national law-making Regulatory innovation in practice: Public, private and hybrid law-making for sustainability and business conduct Corporate Social Responsibility, sustainability and governance needs Actors, interests, and significance for the construction of norms on sustainable economic conduct Chapter 3: A Multiple Case Study Representing a Diversity of Processes and Outputs for Business Conduct and Sustainability Context: Juridification and international policy developments UN initiatives on normative guidance on Business & Human Rights: From contestation and disagreement to deliberation and negotiated agreement Multi-stakeholder hybrid initiatives for norms for business conduct: the UN Global Compact, EU processes and ISO 26000 PART II: LEGITIMACY AND PUBLIC-PRIVATE REGULATION OF TRANSNATIONAL SUSTAINABILITY CONCERNS Chapter 4: Theoretical Perspectives on Participatory Law-Making, 'Compliance Pull', Communication and Legitimacy Instrumental approaches to law Legitimacy and 'compliance pull' in international law Input, throughput, output and legitimacy: the deliberative turn in rule-making Modernising international law: towards participation in super-national law-making Chapter 5: Power, Privilege and Representations of Interests Why collaborative regulation? Revisiting the roles of participation and power for output Communicating for change: inducing self-regulation by speaking to the concerns and interests of stakeholders Process, reflection and outputs Participation, power and legitimacy Outlook for collaborative regulation Chapter 6: Proceduralisation for Legitimacy Complementarity of reflexive law and deliberative law-making for legitimacy Procedural design and process management Procedure, trust and legitimacy Summing up on findings before proceeding to the proposed solution PART III: COLLABORATIVE REGULATION Chapter 7: Foundations for Collaborative Regulatory Scope of application Proceduralisation Procedural design and power Towards constitutionalisation? A prospective treaty on participation, procedure and rights of non-state actors in super-national law-making Chapter 8: Steps for Collaborative Regulation Issues to be considered in a formalised process of collaborative regulation Steps for proceduralisation in a specific case of collaborative regulation Chapter 9: Summing up and Looking Ahead Recapitulation A condensed version of the theoretical basis, analysis, argument, and new theory Looking ahead Bibliography
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