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A major criticism of the Tripartite Declaration concerns the confidential interpretationprocedure. The interpretation procedure has the potential to clarify the TripartiteDeclaration as situations arise, taking into account perspectives of three sectors; however, inpractice the procedure is ineffective. Furthermore, the procedure provides limited relief toaffected parties, in that the procedure is limited to interpreting the Tripartite Declaration.Perhaps the most important observation concerns the confidentiality of the procedure. Asthe Tripartite Declaration is a voluntary instrument, the only available sanction involvespublic perception, boycotting and shaming. The identities of corporations involved in theprocess are kept confidential and are therefore shielded from public scrutiny and potentialembarrassment.The Tripartite Declaration refers to a long list of ILO Conventions; for member-statesthat have ratified them, these conventions are non-voluntary. However, as the TripartiteDeclaration is not drafted in compulsory language, the obligations it creates are not legallybinding on MNEs. This language, combined with a lack of monitoring and implementationmechanisms, and limited dispute resolution creates a mere aspirational declaration withoutany legal mandate. Implementation of the Tripartite Declaration depends on states toincorporate the instrument domestically, NGOs to promote the instrument and campaignfor its incorporation and MNEs to adhere to the obligations. The legal impact is furtherlessened by the Declaration’s declaration of the primacy of national laws. Accordingly, itcan be argued that the ILO is unable to prevent host states from adopting lax labour andenvironmental standards, and TNCs cannot be condemned for taking advantage of suchstandards.While the argument could be made that the tripartite structure of the Tripartite Declarationis its strongest attribute, in that it articulates a role for all three parties; an argumentcan be made that it is also a weakness. For example, in the context of the interpretationprocedure, only two of the four receivable requests passed unanimously and concludes thisdemonstrates how difficult it is for the three officers representing the three different partieswithin the ILO to reach an agreement. It is perhaps over-reaching to state commentatorshave criticised the Tripartite Structure as ineffective; however, in the context of decisionmaking,it is fair to argue that the tripartite structure creates some obstacles.2.4.2.1.3 Organization for Economic Co-operation and Development initiativesIn 1976, the OECD published its Guidelines for Multinational Enterprises 184 as an annexto its Declaration on International Investment and Multinational Enterprises. 185 It is a setof recommendations addressed to MNEs to provide standards for ‘responsible businessconduct.’ 186 The Guidelines aim to encourage MNEs to make positive contributions tothe social, economic and environmental welfare in territories in which they operate. 18742|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children