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Social sciences
- Comparative law
- European law
- Human rights law
- International law
- Litigation, adjudication and dispute resolution
Increasingly, cooperative governance – characterized by indivisible cooperation between private and public actors – detrimentally affect our human rights. Consider the recent examples of Borealis and BASF concerning human trafficking in Belgium, implicating the respective companies, as well as governmental authorities. Consider also, problematic use of privately procured artificial intelligence by the EU and its Member States. Scholarship to date is overwhelmingly focused on the appropriateness of regulatory frameworks for forms of cooperative governance. What remains under-scrutinized however, is how human rights responsibility should be apportioned when various public and private actors indivisibly cooperate in such fields. This knowledge gap facilitates fragmentation in how human rights responsibility is distributed between these actors across international, regional, and domestic regimes. Similarly, this generates uncertainty about the scope and enforceability of human rights obligations for implicated actors and in turn, has elicited a downward spiral for rights protection to the detriment of access to an effective remedy. Increased reliance on cooperative governance, as evidenced by the EU cooperating with State and non-state actors in various policy domains, underscore the urgency for a responsibility regime complementary to the traditionally state-centric human rights regime, to ensure the continued relevance and effectiveness of human rights protection.