PART I: SUSTAINABILITY, TRANSNATIONAL ECONOMIC ACTIVITY AND REGULATORY CHALLENGES

Chapter 1: Introduction

Setting the stage

Objective, method, key terms and delimitations

Chapter 2: Regulatory Innovation: Non-State Actors and Sustainability Norms

Regulation companies in conventional international law

Regulatory innovation in theory: involving non-state actors in super-national law-making

Regulatory innovation in practice: Public, private and hybrid law-making for sustainability and business conduct

Corporate Social Responsibility, sustainability and governance needs

Actors, interests, and significance for the construction of norms on sustainable economic conduct

Chapter 3: A Multiple Case Study Representing a Diversity of Processes and Outputs for Business Conduct and Sustainability

Context: Juridification and international policy developments

UN initiatives on normative guidance on Business & Human Rights: From contestation and disagreement to deliberation and negotiated agreement

Multi-stakeholder hybrid initiatives for norms for business conduct: the UN Global Compact, EU processes and ISO 26000

PART II: LEGITIMACY AND PUBLIC-PRIVATE REGULATION OF TRANSNATIONAL SUSTAINABILITY CONCERNS

Chapter 4: Theoretical Perspectives on Participatory Law-Making, ‘Compliance Pull’, Communication and Legitimacy

Instrumental approaches to law

Legitimacy and ‘compliance pull’ in international law

Input, throughput, output and legitimacy: the deliberative turn in rule-making

Modernising international law: towards participation in super-national law-making

Chapter 5: Power, Privilege and Representations of Interests

Why collaborative regulation? Revisiting the roles of participation and power for output

Communicating for change: inducing self-regulation by speaking to the concerns and interests of stakeholders

Process, reflection and outputs

Participation, power and legitimacy

Outlook for collaborative regulation

Chapter 6: Proceduralisation for Legitimacy

Complementarity of reflexive law and deliberative law-making for legitimacy

Procedural design and process management

Procedure, trust and legitimacy

Summing up on findings before proceeding to the proposed solution

PART III: COLLABORATIVE REGULATION

Chapter 7: Foundations for Collaborative Regulatory

Scope of application

Proceduralisation

Procedural design and power

Towards constitutionalisation? A prospective treaty on participation, procedure and rights of non-state actors in super-national law-making

Chapter 8: Steps for Collaborative Regulation

Issues to be considered in a formalised process of collaborative regulation

Steps for proceduralisation in a specific case of collaborative regulation

Chapter 9: Summing up and Looking Ahead

Recapitulation

A condensed version of the theoretical basis, analysis, argument, and new theory

Looking ahead

Bibliography