Title: Shift of legislative powers and multi-stakeholder governance

Authors: Rolf H. Weber

Addresses: Faculty of Law, University of Zurich, Ramistrasse 74/38, 8001 Zurich, Switzerland; Faculty of Law, The University of Hong Kong, 4th Floor, K.K. Leung Building, Pokfulam Road, Hong Kong

Abstract: Since governance is changing under conditions of interconnectedness now happening and new approaches of rule-making structures need to be taken into account, the multi-stakeholder-approach with its inclusion of all stakeholders involved in the governance process has become a much discussed topic primarily in the context of the internet governance debates. Requiring a high level of competence and expertise, modern rule-making processes depend on the joint involvement of all stakeholders having the necessary expertise. As to that, possible legal approaches for including both state and private actors into lawmaking frameworks need to be developed. Considering first attempts of realising this subject, as for instance the Guiding Principles on Business and Human Rights published by John Ruggie, the Special Representative to the Secretary-General of the United Nations, or the Governmental Advisory Committee|s influence on the Internet Corporation of Assigned Names and Numbers, the conclusion can be drawn that different models of rule-making processes attempting to overcome the prevailing governance and participation gaps need to be realised.

Keywords: governance; rule making; rules; participation gaps; Internet Corporation for Assigned Names and Numbers; ICANN; John Ruggie; multiple stakeholders; legislative powers; legislation; interconnectedness; world wide web; competence; expertise; involvement; legal approaches; legality; state; private sector; government; business; human rights; United Nations; UN; Governmental Advisory Committee; public law; public policy.

DOI: 10.1504/IJPLAP.2011.041888

International Journal of Public Law and Policy, 2011 Vol.1 No.1, pp.4 - 22

Received: 08 May 2021
Accepted: 12 May 2021

Published online: 15 Aug 2011 *

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