This chapter presents a qualitative and quantitative study of 225 specific instances concluded by OECD National Contact Points (NCPs) between 2001 and 2022. The grievances in these cases were accepted and the relevant NCPs offered to the parties one or more of the following dispute resolution services: good office, mediation, and conciliation. The study first provides aggregated statistical data on variables such as the processes used by NCPs in these cases, the participation of the parties, and the outcome. The study then delves more deeply into some of these statistics, for instance examining which NCPs saw the most agreements reached and which mechanisms were offered by each NCP. Logistic regression analysis follows, to see if any meaningful cross-observation relationships can be found. In addition, the study undertakes a comparative qualitative analysis of the dispute resolution mechanisms used by different NCPs and the manner in which they are used. The goals of this study are to uncover trends as well as inconsistencies in the dispute resolution practices of different NCPs and to identify those mechanisms, or combinations of mechanisms, that have proven effective in the resolution of grievances.

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Business and Human Rights Dispute Settlement: The OECD NCPs as Grievance Mechanism

  • Tamar Meshel

摘要

This chapter presents a qualitative and quantitative study of 225 specific instances concluded by OECD National Contact Points (NCPs) between 2001 and 2022. The grievances in these cases were accepted and the relevant NCPs offered to the parties one or more of the following dispute resolution services: good office, mediation, and conciliation. The study first provides aggregated statistical data on variables such as the processes used by NCPs in these cases, the participation of the parties, and the outcome. The study then delves more deeply into some of these statistics, for instance examining which NCPs saw the most agreements reached and which mechanisms were offered by each NCP. Logistic regression analysis follows, to see if any meaningful cross-observation relationships can be found. In addition, the study undertakes a comparative qualitative analysis of the dispute resolution mechanisms used by different NCPs and the manner in which they are used. The goals of this study are to uncover trends as well as inconsistencies in the dispute resolution practices of different NCPs and to identify those mechanisms, or combinations of mechanisms, that have proven effective in the resolution of grievances.