Nonjudicial mechanisms such as the National Contact Points (NCPs) for the Organization of Economic Cooperation and Development Guidelines for Multinational Enterprises on Responsible Business Conduct play a prominent role in access to remedy for victims of extraterritorial human rights abuses resulting from business activities. Yet, a body of research has cast doubt on their effectiveness, highlighting numerous challenges of procedure and design. Considerably less attention, however, has been paid to remedy outcomes through nonjudicial mechanisms. In particular, the appropriateness of outcomes has not been evaluated vis-à-vis the alleged violations. This chapter presents and analyzes a new dataset of remedy outcomes for transnational business-related human rights abuses at the NCPs. The findings demonstrate that NCPs are fairly effective at providing access to minor forms of remedy but are unable to provide appropriate remedy for severe violations. As the remedial landscape evolves alongside new mandatory rules for corporate conduct, these findings may help better situate nonjudicial mechanisms within the remedial architecture.

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Degrees of Remedy: Understanding Remedy Outcomes at the OECD National Contact Points

  • Kari Otteburn

摘要

Nonjudicial mechanisms such as the National Contact Points (NCPs) for the Organization of Economic Cooperation and Development Guidelines for Multinational Enterprises on Responsible Business Conduct play a prominent role in access to remedy for victims of extraterritorial human rights abuses resulting from business activities. Yet, a body of research has cast doubt on their effectiveness, highlighting numerous challenges of procedure and design. Considerably less attention, however, has been paid to remedy outcomes through nonjudicial mechanisms. In particular, the appropriateness of outcomes has not been evaluated vis-à-vis the alleged violations. This chapter presents and analyzes a new dataset of remedy outcomes for transnational business-related human rights abuses at the NCPs. The findings demonstrate that NCPs are fairly effective at providing access to minor forms of remedy but are unable to provide appropriate remedy for severe violations. As the remedial landscape evolves alongside new mandatory rules for corporate conduct, these findings may help better situate nonjudicial mechanisms within the remedial architecture.