Multistakeholder participation in cyberspace

Today, new developments related to cyberspace are substantially driven by the private sector and civil society. Traditional law-making models with states as the main actors cannot adequately accommodate this new phenomenon. Multistakeholder initiatives are increasingly seen as instruments to include expertise from a variety of stakeholders and at the same time reconcile and coordinate their different interests. However, there is no uniforme model but diverse forms of multistakeholder initiatives exist, based on different theoretical approaches. Apart from providing opportunities, multistakeholderism is also facing criticism. Particular challenges include legitimacy, transparency and accountability. This article argues that the discourse on the role of multistakeholderism in cyberspace needs to be seen in context, particularly with the UN Guiding Principles on Business and Human Rights, as they define roles of states and of the private sector. The article concludes with a call for re-thinking the existing models of international law-making and opts for a more inclusive process.