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

Danish Institute for Human Rights, Human Rights and Development Department; University of St. Andrews School of Management; University of Groningen, Faculty of Law - International and Constitutional Law

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)

Danish Institute for Human Rights, Human Rights and Development Department ( email )

Wilders Plads 8K
Copenhagen K, 1403
Denmark

HOME PAGE: http://www.humanrights.dk/staff/claire-methven-obrien

University of St. Andrews School of Management ( email )

The Gateway
St. Andrews, Fife KY16 9SS
United Kingdom

HOME PAGE: http://https://www.st-andrews.ac.uk/management/

University of Groningen, Faculty of Law - International and Constitutional Law ( email )

Groningen, 9700 AS
Netherlands

HOME PAGE: http://www.rug.nl/rechten/organization/vakgroepen/int/c-methven-o-brien/cv?lang=en

Register to save articles to
your library

Register

Paper statistics

Downloads
53
Abstract Views
308
rank
378,357
PlumX Metrics