ABSTRACT

The analysis of global governance processes, referring to rule making and rule enforcement on a global scale, clearly demonstrates that the formulation of rules is no longer a task managed by the state alone (see, e.g. Braithwaite and Drahos 2000; Brozus et al. 2003; Günther 2001; Kingsbury 2003; Shelton 2000; Zürn 1998). Rather, in recent years, civil society groups as well as TNCs increasingly participate in the formulation and implementation of rules in policy areas that were once the sole responsibility of the state or international organizations (Matten and Crane 2005). Rule making activities of TNCs and civil society groups include, e.g. protecting human rights (Breining-Kaufmann 2004; Kinley and Tadaki 2004; Campbell and Miller 2004; Cragg 2005), implementing social and environmental standards (Christmann 2004; Scherer and Smid 2000), or involvement in peace-keeping activities (Fort and Schipani 2002). Such activities indicate the shift in global business regulation from state-centric towards new multilateral and non-territorial modes of regulation with non-state actors involved (Braithwaite and Drahos 2000).