The Governance Gap

Extractive Industries, Human Rights, and the Home State Advantage

By Penelope Simons, Audrey Macklin

© 2014 – Routledge

422 pages | 5 B/W Illus.

Purchasing Options:
Paperback: 9781138124912
pub: 2015-10-13
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Hardback: 9780415334709
pub: 2014-02-10
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About the Book

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.

Table of Contents

1. Introduction 2. Talisman in Sudan 3. The Governance Gap: Multistakeholder and intergovernmental initiatives 4. The Governance Gap: Domestic laws and other governance mechanisms 5. Extractive Industries, Human Rights and the Home State Advantage

About the Authors

Penelope Simons is Associate Professor of Law at the University of Ottawa, Canada.

Audrey Macklin is Professor of Law at the University of Toronto, Canada.

About the Series

Routledge Studies in Governance and Change in the Global Era

The volumes in this series will provide a unique guide to many of the challenges we face at the beginning of the twenty-first century. The aim is to have scholars explore the many changes in state market relations and new citizenship practices including globalization and global governance, the nature of the market of the future, the effect of new communications technology on economic restructuring, social and economic deep integration and the role of the individual in effecting positive social change. For more enquires and questions, contact Series Editor, Daniel Drache, drache@yorku.ca

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Subject Categories

BISAC Subject Codes/Headings:
BUS000000
BUSINESS & ECONOMICS / General
BUS069000
BUSINESS & ECONOMICS / Economics / General