| Description |
1 online resource (461 pages) |
| Series |
Routledge Studies in Governance and Change in the Global Era |
|
Routledge studies in governance and change in the global era.
|
| Contents |
Cover; Half Title; Title Page; Copyright Page; Table of Contents; Foreword; Preface; List of abbreviations; Table of cases; Table of statutes and legislative instruments; 1 Introduction; 1 Talisman Energy; 2 International law, domestic law and corporate human rights accountability; 3 A governance gap?; 4 The governance gap: extractive industries, human rights and the home state advantage; 2 Talisman in Sudan; 1 Introduction; 2 Talisman enters Sudan; 2.1 Pre-investment: the Sudanese political context; 2.2 Talisman makes its move; 3 Controversy over Talisman in Sudan |
|
3.1 Civil society targets Talisman3.2 The Canadian government reacts; 3.3 The Harker Mission: mandate and investigation; 3.3.1 Links between resource exploitation and rights violations; 3.3.2 Slavery: reality and re-enactment; 3.4 Harker Report: call and response; 4 The United States picks up the ball; 4.1 The regulatory threat; 4.2 Alien Tort Statute litigation: the liability threat; 5 Conclusion; 3 The governance gap: multistakeholder and intergovernmental initiatives; 1 Introduction; 2 Voluntary versus mandatory norms: a misleading distinction? |
|
3 Private law beyond the state: harder than hard law?4 Multistakeholder and intergovernmental self-regulatory initiatives; 4.1 UN Guiding Principles on Business and Human Rights; 4.2 The OECD Guidelines for Multinational Enterprises; 4.3 The Global Compact; 4.4 The Voluntary Principles on Security and Human Rights; 4.5 Transnational governance initiatives of international and private financial institutions; 4.5.1 The International Finance Corporation's Performance Standards; 4.5.2 The Equator Principles; 4.6 Voluntary transparency initiatives |
|
4.6.1 The Extractive Industries Transparency Initiative4.6.2 The Global Reporting Initiative; 5 Conclusion; 4 The governance gap: domestic laws and other governance mechanisms; 1 Introduction; 2 State obligations to regulate transnational corporate activity; 3 State regulation: command-and-control?; 4 Existing legislative mechanisms; 4.1 Incentive mechanisms; 4.1.1 Overseas Private Investment Corporation; 4.1.2 Export-Import Bank; 4.1.3 Export Development Canada; 4.1.4 UK Export Finance; 4.1.5 Conclusion; 4.2 Prescriptive mechanisms; 4.2.1 Sanctions and export-import control |
|
4.2.2 Corporate liability in domestic courts for violations of international criminal law4.2.3 Conclusion; 4.3 Facilitative mechanisms; 4.3.1 General corporate disclosure laws; 4.3.2 Securities disclosure laws and regulations; 4.3.3 Pension and investment fund disclosure laws; 4.3.4 SRI in investment firms and stock exchanges; 4.3.5 SRI and shareholder activism; 4.3.6 Investor, consumer and NGO campaigns; 4.3.7 Unfair competition and false advertising laws; 4.3.8 Whistle-blowing legislation; 4.3.9 Litigation; 4.3.10 Conclusion; 5 Failed legislative initiatives |
| Summary |
This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. The authors launch their account with a fascinating case study of Talisman Energy's experience in Sudan, informed by their own experience as members of the 1999 Canadian Assessment Mission to Sudan (Harker Mission). Drawing on new governance, reflexive law and responsive law theories, the authors assess legal and other non-binding governance mechanisms that have emerged since that time, including th |
| Notes |
5.1 Canada's Responsible Mining Bill |
|
Print version record |
| Subject |
Industrial policy -- Moral and ethical aspects -- Developing countries
|
|
Corporations, Foreign -- Moral and ethical aspects -- Developing countries
|
|
Corporate governance -- Moral and ethical aspects
|
|
Mineral industries -- Moral and ethical aspects -- Developing countries
|
|
Energy industries -- Moral and ethical aspects -- Developing countries
|
|
Human rights.
|
|
Human Rights
|
|
BUSINESS & ECONOMICS -- Industries -- General.
|
|
Energy industries -- Moral and ethical aspects
|
|
Human rights
|
|
Industrial policy -- Moral and ethical aspects
|
|
Developing countries
|
| Form |
Electronic book
|
| Author |
Macklin, Audrey
|
| ISBN |
9781317576297 |
|
1317576292 |
|
