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Access to justice within the sustainable self-governance model

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  • Tully, Stephen

Abstract

Little attention has been given to the development and operation of non-state models of global governance and the extent to which they conform to principles of good governance. Focusing primarily on issues of access to justice and secondarily on the independence of such bodies from the industries which they purport to regulate, this paper argues that adjudicative mechanisms established by non-governmental organisations (NGOs) and firms may not produce outcomes which are considered 'just' by them. Part one locates dispute resolution as a narrower aspect of participation in decision-making, identifies several deficiencies of the state-centric model in the provision of justice and outlines collaborative NGO-corporate arrangements. Part two provides an account of one NGO-corporate arrangement, portrays its principal function and governance structure and identifies the relevant procedural aspects for initiating its private adjudicative arm. The case study considered in part three involves recourse by the Royal Forest and Bird Protection Society to the objections procedure of the Marine Stewardship Council with a view to challenging the certification of the New Zealand hoki fishery as well-managed and sustainable. Finally, it is argued in part four that the lack of independence and limited remedies available to such arrangements does not merely fail to realise justice but has wider ramifications for the continued governance of corporate-NGO arrangements.

Suggested Citation

  • Tully, Stephen, 2004. "Access to justice within the sustainable self-governance model," LSE Research Online Documents on Economics 36056, London School of Economics and Political Science, LSE Library.
  • Handle: RePEc:ehl:lserod:36056
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    File URL: http://eprints.lse.ac.uk/36056/
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    References listed on IDEAS

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    1. World Commission on Environment and Development,, 1987. "Our Common Future," OUP Catalogue, Oxford University Press, number 9780192820808.
    2. Power, Michael, 1999. "The Audit Society: Rituals of Verification," OUP Catalogue, Oxford University Press, number 9780198296034.
    3. Parker,Christine, 2002. "The Open Corporation," Cambridge Books, Cambridge University Press, number 9780521818902.
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    Cited by:

    1. Doris Fuchs & Agni Kalfagianni & Tetty Havinga, 2011. "Actors in private food governance: the legitimacy of retail standards and multistakeholder initiatives with civil society participation," Agriculture and Human Values, Springer;The Agriculture, Food, & Human Values Society (AFHVS), vol. 28(3), pages 353-367, September.

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    More about this item

    JEL classification:

    • F3 - International Economics - - International Finance
    • G3 - Financial Economics - - Corporate Finance and Governance

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