The Roles and Powers of the oecd National Contact Points Regarding Complaints on an Alleged Breach of the oecd Guidelines for Multinational Enterprises by a Transnational Corporation

In: Nordic Journal of International Law

This article reflects on the roles and powers of the oecd National Contact Points (ncps), under the 2011 version of the oecd Guidelines for Multinational Enterprises (‘the Guidelines’), regarding complaints on an alleged breach of the Guidelines by a transnational corporation, from both the empirical and the normative perspective. It does so through an examination of relevant oecd instruments, the regulations and practice of Brazil’s, Mexico’s, Norway’s, the United Kingdom’s and the United States of America’s ncps, and many relevant theoretical and empirical studies. While this work demonstrates the particular importance of the function of ncps of handling these complaints, it finds that the ncps case studies and the Australian have fundamentally different conceptions of their roles and powers regarding such complaints. This contribution, then, proposes an interpretation of these matters based on a systematic understanding of relevant oecd instruments and broader normative considerations. When doing so, it demonstrates that these differences are not well justified in normative terms. In addition and when addressing the main arguments against the proposed view in this study, this work provides new analysis on the distinction between soft and hard law in the field of corporate social responsibility, in light of the case of the Guidelines.

  • 35

    Davarnejadsupra note 11.

  • 49

    It was brought on 9 December 2009. See Canada’s ncp final statement on the Notification dated 9 December 2009 concerning the Marlin mine in Guatemala fredemi coalition v. Goldcorp p. 1.

  • 95

    Davarnejadsupra note 11 p. 382.

  • 119

    Oldenziel et al.supra note 9 p. 22.

  • 137

    Melgar et al.supra note 100 p. 43; Shelton supra note 134 p. 10.

  • 147

    Oldenziel et al.supra note 9 p. 22.

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