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The Governance Gap - Extractive Industries, Human Rights, and the Home State Advantage (Paperback)
Loot Price: R1,634
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The Governance Gap - Extractive Industries, Human Rights, and the Home State Advantage (Paperback)
Series: Routledge Studies in Governance and Change in the Global Era
Expected to ship within 12 - 17 working days
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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 the UN Guiding Principles on Business and Human
Rights. They conclude that such mechanisms are incapable of
systematically preventing human rights violating behaviour by
transnational corporations, or of assuring accountability of these
actors or recompense for victims of such violations. The authors
contend that home state regulation, while not a silver bullet, has
a crucial role to play in regulating such conduct. They pick up
where UN Special Representative John Ruggie's Guiding Principles on
Business and Human Rights left off, and propose an innovative,
robust and adaptable template for strengthening the regulatory
framework of home states. Their model draws insights from the
theoretical literature, leverages existing public, private,
transnational, national, 'soft' and hard regulatory tools, and
harnesses the specific strengths of state-based governance. This
book will be of interest to academics, policy makers, students,
civil society and business leaders.
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