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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

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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

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Official URL: https://doi.org/10.1017/bhj.2020.33

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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:
DateEvent
February 2021Published
20 December 2020Accepted
Volume: 6
Number: 1
Page Range: pp. 67-92
DOI: 10.1017/bhj.2020.33
Status: Peer Reviewed
Publication Status: Published
Reuse Statement (publisher, data, author rights): 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
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