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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.
List of contents
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 NormsRegulation 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 SustainabilityContext: 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 CONCERNSChapter 4: Theoretical Perspectives on Participatory Law-Making, 'Compliance Pull', Communication and LegitimacyInstrumental 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 InterestsWhy 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 REGULATIONChapter 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 RegulationIssues 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 AheadRecapitulation
A condensed version of the theoretical basis, analysis, argument, and new theory
Looking ahead
Bibliography
About the author
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.
Summary
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.
