Scholarship@WashULaw

Document Type

Book Section

Publication Date

2024

Publication Title

Improving Inclusiveness of IO Rulemaking (Forthcoming)

Abstract

International organizations 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 facilitating 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

Publication Citation

Melissa (MJ) Durkee, Private Sector Participants in International Rulemaking: Governance Models, in Improving Inclusiveness of IO Rulemaking (forthcoming 2024)

Comments

Invited contribution for publication by the Organization of Economic Development (OECD)

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