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.

"At a time when globalization is unprecedentedly challenged, Prof. Buhmann provides us a new thinking on how business’ impacts can better be tackled through a participatory and collaborative regulation system that organically optimizes the different but synergized roles of public institutions, private sector and the civil society, so that globalization can be sustained as it was, and sustainable as it should be."Dr. Liang Xiaohui, Peking University, China"The theory of Collaborative Regulation corresponds very well to real life negotiations on responsible business conduct, which my experience as Chair of the tough negotiations on the OECD Guidelines for Multinationals has certainly illustrated. Professor Buhmann's theory reflects the importance of representation and involvement of stakeholders. I would recommend this book because it provides useful insights in the crucial role stakeholders could and should play in regulating globalisation." Prof dr Roel Nieuwenkamp, Chair OECD Working Party on Responsible Business Conduct"The planet that we all share appears increasingly challenged by disputes over the environment, internet, resources, human rights, etc. Karin Buhmann acknowledges that we cannot easily find solutions. In this book, she uses thoughtful arguments and case studies to posit a new global governance approach which involves civil society and could be seen by a wide range of actors as legitimate. Buhmann calls this "collaborative regulation" to balance power disparities. She has produced a thoughtful, insightful, original, and important book for scholars of human rights, law, international relations, governance and political science."Dr. Susan Ariel Aaronson, George Washington University, USA

• PART I: SUSTAINABILITY, TRANSNATIONAL ECONOMIC ACTIVITY AND REGULATORY CHALLENGES Chapter 1: Introduction Setting the stageObjective, method, key terms and delimitationsChapter 2: Regulatory Innovation: Non-State Actors and Sustainability NormsRegulation companies in conventional international lawRegulatory innovation in theory: involving non-state actors in super-national law-makingRegulatory innovation in practice: Public, private and hybrid law-making for sustainability and business conductCorporate Social Responsibility, sustainability and governance needsActors, interests, and significance for the construction of norms on sustainable economic conductChapter 3: A Multiple Case Study Representing a Diversity of Processes and Outputs for Business Conduct and SustainabilityContext: Juridification and international policy developmentsUN initiatives on normative guidance on Business & Human Rights: From contestation and disagreement to deliberation and negotiated agreementMulti-stakeholder hybrid initiatives for norms for business conduct: the UN Global Compact, EU processes and ISO 26000PART II: LEGITIMACY AND PUBLIC-PRIVATE REGULATION OF TRANSNATIONAL SUSTAINABILITY CONCERNSChapter 4: Theoretical Perspectives on Participatory Law-Making, ‘Compliance Pull’, Communication and LegitimacyInstrumental approaches to lawLegitimacy and ‘compliance pull’ in international lawInput, throughput, output and legitimacy: the deliberative turn in rule-makingModernising international law: towards participation in super-national law-makingChapter 5: Power, Privilege and Representations of InterestsWhy collaborative regulation? Revisiting the roles of participation and power for outputCommunicating for change: inducing self-regulation by speaking to the concerns and interests of stakeholdersProcess, reflection and outputsParticipation, power and legitimacyOutlook for collaborative regulationChapter 6: Proceduralisation for Legitimacy Complementarity of reflexive law and deliberative law-making for legitimacyProcedural design and process managementProcedure, trust and legitimacySumming up on findings before proceeding to the proposed solutionPART III: COLLABORATIVE REGULATIONChapter 7: Foundations for Collaborative Regulatory Scope of applicationProceduralisationProcedural design and powerTowards constitutionalisation? A prospective treaty on participation, procedure and rights of non-state actors in super-national law-makingChapter 8: Steps for Collaborative RegulationIssues to be considered in a formalised process of collaborative regulationSteps for proceduralisation in a specific case of collaborative regulationChapter 9: Summing up and Looking AheadRecapitulationA condensed version of the theoretical basis, analysis, argument, and new theoryLooking aheadBibliography