Samenvatting

The subject of this thesis is the effectiveness of the specific instance procedure of National Contact Points (NCPs), operating in the context of the Guidelines for Multinational Enterprises (MNE Guidelines) of the Organisation for Economic Cooperation and Development (OECD). This thesis aims to create insights into the effectiveness of the specific instance procedure, essentially, as a means to promote responsible business conduct amongst companies. By conducting in-depth research through multiple methods, a better understanding is reached of the criteria, guiding principles and factors that contribute to the effectiveness of the specific instance procedure. The MNE Guidelines are regarded as recommendations, addressed by governments to multinational enterprises (MNEs) and contain principles and standards that stimulate
esponsible business conduct. As part of OECD Declaration on International Investment and Multinational Enterprises of 1976 (MNE Declaration), the MNE Guidelines were developed with the aim to improve the international investment climate and to encourage the positive contributions of
MNEs to economic and social progress. The MNE Guidelines were revised in 1979, 1984, 1991, 2000 and 2011. Over the years, various provisions and chapters were added to the MNE Guidelines, including inter alia a new human rights and environmental chapter as well as new provisions on due diligence and supply chain responsibilities.
An NCP is an institution set up by a government adhering to the MNE Guidelines with the aim to further the effectiveness of the MNE Guidelines. By 2019, a total of 48 NCPs help to promote the MNE Guidelines and offer their good offices to help resolve disputes that arise within
the ambit of the MNE Guidelines. An NCP has three main tasks, i.e. the promotion of the MNE Guidelines, the handling of enquiries, and dispute resolution during specific instances. The specific instance procedure is the grievance mechanism that an NCP has put in place to assist parties,
mostly a non-governmental organisation (NGO) or trade union vis-à-vis an MNE, in resolving conflicts that arise in relation to the MNE Guidelines. The procedure aims to do so in a nonjudicial and consensual manner. A specific instance procedure comprises three phases: (i) initial
assessment; (ii) good offices; and (iii) conclusion. In each phase, an NCP assesses whether it can contribute to resolving the dispute.
The unique feature of the specific instance procedure is that it is the only governmentbacked non-judicial and non-adversarial grievance mechanism that promotes responsible business conduct and operates on an international scale. Between 2000 and January 2019, more than 425
specific instances were handled by NCPs on a global scale. An unprecedented number of new notifications submitted to NCPs was reported totalling 52 notifications worldwide in 2018.
Despite this increase in notifications, the number of mediated agreements by NCPs showed a substantial decrease of almost 50 per cent between 2017 and 2018. NCPs have also been criticised by scholars as being largely ineffective. To address these effectiveness issues, international support is provided by renowned international bodies, such as the Council of the European Union, the United Nations (UN) Working Group on Business and Human Rights and the G7. These parties have emphasised the pressing need for effective NCPs, a comprehensive improvement of their effectiveness, and have shown commitment to enhance their effectiveness.