Power, procedure, participation, and legitimacy in global sustainability norms : a theory of collaborative regulation

著者

書誌事項

Power, procedure, participation, and legitimacy in global sustainability norms : a theory of collaborative regulation

Karin Buhmann

（Globalization : law and policy）

Routledge, 2018

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注記

Includes bibliographical references (p. [181] -199) and index

内容説明・目次

内容説明

Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades' efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

目次

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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