Power, Procedure, Participation and Legitimacy in Global Sustainability Norms

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.

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