Wielga, Mark and Harrison, James (2021) Assessing the effectiveness of non-state-based grievance mechanisms in providing access to remedy for rightsholders : a case study of the roundtable on sustainable palm oil. Business and Human Rights Journal, 6 (1). pp. 67-92. doi:10.1017/bhj.2020.33 ISSN 2057-0198.
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Abstract
This article explores different approaches to assessing the effectiveness of non-state-based non-judicial grievance mechanisms (NSBGMs) in achieving access to remedy for rightsholders. It queries the approach that has been widely adopted as a result of the United Nations Guiding Principles on Business and Human Rights (UNGPs), which focuses on the procedural aspects of grievance mechanisms. Rather, it stresses the importance of analysing the outcomes of cases for rightsholders. This article tests this hypothesis by undertaking comprehensive empirical research into the complaint mechanism of the Roundtable on Sustainable Palm Oil (RSPO). RSPO is found to perform well when judged according to the UNGPs’ effectiveness criteria. However, it performs poorly when individual cases are assessed to ascertain the outcomes that are achieved for rightsholders. The article therefore argues for the importance of equivalent scrutiny of outcomes in relation to other NSBGMs and provides an approach and accompanying methodology that can be utilized for that purpose.
| Item Type: | Journal Article |
|---|---|
| Subjects: | J Political Science > JC Political theory K Law [Moys] > KC International Law K Law [Moys] > KN Common Law, Private Law |
| Divisions: | Faculty of Social Sciences > School of Law |
| Library of Congress Subject Headings (LCSH): | Grievance arbitration , Human rights , International law and human rights |
| Journal or Publication Title: | Business and Human Rights Journal |
| Publisher: | Cambridge |
| ISSN: | 2057-0198 |
| Official Date: | February 2021 |
| Dates: | Date Event February 2021 Published 20 December 2020 Accepted |
| Volume: | 6 |
| Number: | 1 |
| Page Range: | pp. 67-92 |
| DOI: | 10.1017/bhj.2020.33 |
| Status: | Peer Reviewed |
| Publication Status: | Published |
| Re-use Statement: | This article has been accepted for publication in a revised form for publication in Business and Human Rights Journal https://www.cambridge.org/about-us/rights-permissions/rights-guides |
| Access rights to Published version: | Restricted or Subscription Access |
| Copyright Holders: | © The Author(s), 2021. Published by Cambridge University Press |
| Date of first compliant deposit: | 14 January 2021 |
| Date of first compliant Open Access: | 14 January 2021 |
| Related URLs: | |
| URI: | https://wrap.warwick.ac.uk/147129/ |
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