ABSTRACT
Using as its analytical compass the frameworks and tools to assess effective compliance proposed in Chapter 3, this chapter seeks to identify common patterns and challenges in the processes adopted by transnational private regulations (TPRs) in the area of business and human rights. The first section summarizes the regulatory universe of the analyzed TPRs. The second section points out and explores TPRs’ commonalities and challenges. Finally, the third section reflects upon the findings from the second section and identifies key aspects that distance theoretical assumptions with TPRs’ realities in relation to law in transnational space and the notion of effective compliance, or TPRs’ untapped potential. In this context, the main identified challenge is the lack of active and effective participation of vulnerable stakeholders in discursive processes established and governed by TPRs’ normative frameworks, which affects their livelihood and enjoyment of rights, such as rule-making and conformity assessment processes.
