This book considers, and offers solutions to, the problems faced by local communities and the environment with respect to global mining.
The author explores the idea of grievance mechanisms in the home states of the major mining conglomerates. These grievance mechanisms should be functional, pragmatic and effective at resolving disputes between mining enterprises and impacted communities. The key to this provocative solution is twofold: the proposal harnesses the power of industry-sponsored dispute mechanisms to reduce the costs and other burdens on home state governments and judicial systems. Critically, civil society actors will be given a role as both advocates and mediators in order to achieve a fair result for those impacted abroad by extractive enterprises.
Compelling, engaging and timely, this book presents an innovative approach for regulating the foreign conduct of the extractive sector.
By:
Jeffrey Bone (Saint Joseph’s University USA)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 549g
ISBN: 9781509941872
ISBN 10: 1509941878
Series: Global Energy Law and Policy
Pages: 264
Publication Date: 25 February 2021
Audience:
College/higher education
,
Primary
Format: Hardback
Publisher's Status: Active
PART I THE PROBLEM PERSISTS 1. Dark History I. Germs of Empires II. The Extractive Sector at the Gates A. Yanacocha B. Bhopal 2. The Case for Civil Society and Corporate Actors I. Civil Society: Origins and Impact A. A Potential New Form of Medievalism B. Social Licence for Business: Bestowed by Civil Society II. Corporate Accountability, Responsibilities and Self-Governance PART II THE JUDICIAL AND NON-JUDICIAL APPROACH 3. Obstacles in Holding Corporations to Account I. Justification for Home State Regulation A. Limitations of International Regulation B. Concerns with Host State Judicial Systems II. Substantive and Procedural Hurdles A. Limited Liability of Corporations 4. The United States I. The Alien Tort Statute A. Elusive History B. Sosa C. Kiobel D. Involvement of Civil Society 5. Canada, the UK and Australia I. Canada II. United Kingdom III. Australia IV. Assessment of the Case Law 6. Utilising State-based and Civil Society Sponsored Mechanisms I. Failing Solutions II. Canada: Office of the CSR Counsellor A. World Bank Group’s Performance Standards B. Voluntary Principles on Security and Human Rights C. Global Reporting Initiative D. OECD Guidelines for Multinational Enterprises III. History of Failure IV. The Canadian Ombudsperson for Responsible Enterprise V. Oxfam Australia’s Mining Ombudsman A. Achievement of Limited Success PART III PROPOSAL 7. A New Policy Direction I. Key Terms II. Canada’s Approach III. Proposal: Framework for Reforming the Office of the CORE A. Implementation of the Performance Guidelines B. The Development of a Bounty Programme C. Untapped Potential: Site-Level Grievance Mechanisms D. Civil Society within the Regulatory Regimes of the Global Extractive Sector E. Enforcement, Accountability and Compliance F. Procedural Fairness and Judicial Review G. Critique of the Proposal 8. Accountability, Effectiveness and Contrast I. Testing Effectiveness of the Proposal under UN Guiding Principle 31 A. Legitimate B. Accessible C. Predictable D. Equitable E. Transparent F. Rights-compatible G. A Source of Continuous Learning H. Based on Engagement and Dialogue II. Role for Civil Society Actors and Corporate Self-Governance III. Contrast and Approach IV. Simons and Macklin’s Proposal to Correct the ‘Governance Gap’ V. Torrance’s Proposal VI. Proposal Set Out by the Canadian Network on Corporate Accountability VII. Other Proposals VIII. Contrast of the Various Proposals IX. Concluding Thoughts Appendix: Draft Operating Procedures for the Canadian Ombudsperson for Responsible Enterprise
Jeffrey Bone is Assistant Professor of Business Law at the Erivan K Haub School of Business, Saint Joseph’s University, USA.
