Experimentalist Global Governance and the Case for a Framework Convention Based on the UN Guiding Principles on Business and Human Rights

M. Mullen et al, Navigating a New Era of Business and Human Rights: Challenges and Opportunities under the UNGPs (2019, Forthcoming)

14 Pages Posted: 27 Dec 2018

See all articles by Claire Methven O'Brien

Claire Methven O'Brien

University of Dundee - Dundee Law School; University of Strathclyde - Strathclyde Business School

Date Written: November 20, 2018

Abstract

Building on earlier work this chapter further develops one argument for a BHR framework convention based on the UNGPs and BHR national action plans. Specifically, it contends that support for a framework convention can be found in the theoretical-normative concept of “global experimentalist governance” (de Búrca, Keohane, and Sabel, 2014). Section 2 outlines the concept of GXG and its application to human rights treaty regimes. Section 3 argues that four preconditions for an effective experimentalist regime, as described by scholars, might be satisfied for a BHR framework convention based on the UNGPs and NAPs. Section 4 sketches some elements a BHR framework convention could include, consistently with GXG precepts. Section 5 concludes.

Keywords: business; human rights; UN Guiding Principles on Business and Human Rights; experimentalist governance; treaties

JEL Classification: K29; K33; F53; F60

Suggested Citation

Methven O'Brien, Claire, Experimentalist Global Governance and the Case for a Framework Convention Based on the UN Guiding Principles on Business and Human Rights (November 20, 2018). M. Mullen et al, Navigating a New Era of Business and Human Rights: Challenges and Opportunities under the UNGPs (2019, Forthcoming), Available at SSRN: https://ssrn.com/abstract=3296840 or http://dx.doi.org/10.2139/ssrn.3296840

Claire Methven O'Brien (Contact Author)

University of Dundee - Dundee Law School ( email )

Park Place Scrymgeour Building
Dundee, DD14HN
United Kingdom

University of Strathclyde - Strathclyde Business School ( email )

United Kingdom

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