Open Access
Non-state actors and law-making in IBHR : the internet intermediaries’ responsibility to respect human rights and the UNGPs’ non-state-based grievance mechanisms
Loading...
Files
WP_AEL_2022_08.pdf (454.52 KB)
Full text in Open Access
License
Attribution 4.0 International
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1831-4066
Issue Date
Type of Publication
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
EUI; LAW; AEL; Working Paper; 2022/08; European Society of International Law (ESIL) Paper
Cite
BUZENCHE, Mihaela, Non-state actors and law-making in IBHR : the internet intermediaries’ responsibility to respect human rights and the UNGPs’ non-state-based grievance mechanisms, EUI, LAW, AEL, Working Paper, 2022/08, European Society of International Law (ESIL) Paper - https://hdl.handle.net/1814/74558
Abstract
This paper seeks to focus on how non-state actors, such as Internet Intermediaries, have gained an important role in International Business and Human-Rights (IBHR) law-making. Their contribution was up until recently mostly through their community guidelines, but a novelty to their involvement (by which we could consider that they assert greater responsibility in the aftermath of their technology), is the highly-specialised non-judicial business-related body, a proactive approach taken by the company in recognising and directly responding to human rights-related grievances by implementing a remedy. In this context, this paper will focus on the Meta Oversight Board and will consist of five sections, proceeding in the following manner. The first section introduces the human rights due diligence model to which UNGPs refer to in Principle 17. The second section seeks to determine whether the Supervisory Board is a non-State-based grievance mechanism as referred to in Principle 29. The third section analyses some of the Board’s decisions against the European Court of Human Rights (ECtHR) case-law. Lastly, the fourth section will address the global effect of the Board’s decisions, while the fifth section concludes.
Table of Contents
Additional Information
First presented at the 16th ESIL Annual Conference 9-11 September 2021 in Stockholm on ‘Changes in International Lawmaking : Actors, Processes, Impact’