Norm convergence and collision in regime overlaps. Business and human rights in the UN and the EU

Abstract

This paper investigates how practices of (de)legitimation deal with regime overlaps by invoking the convergence or collision of norms, rules and procedures in regime complexes. It brings together two strands of International Relations literature–the concept of regime complexes and (de)legitimating practices in global governance institutions–to analyse the UN Treaty Process as a case study in the field of business and human rights. It makes three main arguments. The first is that regime complexes can be characterized by the concomitance of a collision and convergence of norms, rules and procedures. Second, regime overlaps and the collision of norms and rules may appear within a single international institution. Third, norm collision and convergence are inferred in (de)legitimation practices that characterize contestations in regime complexes. The UN Treaty Process demonstrates convergence and collision as (de)legitimation in light of the UN Guiding Principles (intra-organizational overlap) and the European Union (inter-organizational overlap).