Human Rights Review:1-29 (forthcoming)

Abstract
National Action Plans on business and human rights are a growing phenomenon. Since 2011, 42 such plans have been adopted or are in-development worldwide. By comparison, only 39 general human rights action plans were published between 1993 and 2021. In parallel, NAPs have attracted growing scholarly interest. While some studies highlight their potential to advance national compliance with international norms, others criticise NAPs as cosmetic devices that states use to deflect attention from persisting abuses and needed regulation. In response to wider critiques of international human rights norms, and their failure to exact universal state compliance, experimentalist governance theory highlights the dynamic, dialogic and iterative character of human rights implementation as well as the role of stakeholders. In this article, we apply experimentalist governance theory to evaluate the role and character of business and human rights NAPs. Rather than attempting to evaluate NAPs’ ultimate consequences for rights-holders, which appears premature, we focus on NAPs processes. Specifically, we analyse NAPs processes in twenty-five states against five experimentalist governance criteria relating to stakeholder participation; agreement on a broad problem definition; local contextualisation; monitoring and peer review and periodic revision and learning. According to our findings, NAPs on business and human rights in most states demonstrate resemblance to the traits of experimentalist governance. In particular, our analysis points to the emergence of relatively sophisticated and demanding institutional governance mechanisms within NAPs — including the institutionalisation of complex deliberative processes. Nevertheless, our paper also identifies some significant shortcomings in NAPs, related to the lack of inclusion of vulnerable groups and the lack of explicit indicators and targets.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/s12142-021-00637-x
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Translate to english
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 65,599
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

The Proliferation of Human Rights in Global Health Governance.Lance Gable - 2007 - Journal of Law, Medicine and Ethics 35 (4):534-544.
Business in Development: Diminishing Human Rights? Making the Case for a Human Rights-Based Approach to Corporate Social Responsibility.Line Baagø-Rasmussen - 2010 - Yearbook of Humanitarian Action and Human Rights/Anuario de Acción Humanitaria y Derechos Humanos 7:67-86.

Analytics

Added to PP index
2021-09-09

Total views
3 ( #1,335,015 of 2,462,211 )

Recent downloads (6 months)
3 ( #223,271 of 2,462,211 )

How can I increase my downloads?

Downloads

My notes