Private Sector Participants in International Rulemaking: Governance Models

Abstract

International organisations seeking to develop a principled approach to stakeholder participation in rulemaking processes should consider for-profit stakeholders, which can be influential participants. This chapter evaluates potential governance models for their effectiveness in faciliating the benefits and restraining the harms of for-profit influence in rulemaking processes, recommending a balanced approach. A successful governance model should also acknowledge that for-profit stakeholders can use a variety of channels to communicate their input, including individual business entities, trade and industry associations, other non-governmental groups, academics and think tanks, and domestic officials. Because of these sometimes invisible links between for-profit actors and other kinds of groups, approaches that attempt to distinguish between for-profit and other actors are not likely to prove durable over time. Instead, two basic governance models are most likely to succeed: a roundtable model that includes only a small set of actors through an invitation or application process but then invites deep substantive engagement by those stakeholders, or a public comment model that allows participation by all interested parties but at an arms-length level of engagement.

Keywords: International organizations, international rulemaking, international lawmaking, participation, stakeholder participation, non-state actors, private sector, corporations, nongovernmental organizations, trade associations, global governance

JEL Classification: K33, F23, F53