Human Rights In The Extractive Industries


Human Rights In The Extractive Industries
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Human Rights In The Extractive Industries


Human Rights In The Extractive Industries
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Author : Isabel Feichtner
language : en
Publisher: Springer
Release Date : 2019-06-13

Human Rights In The Extractive Industries written by Isabel Feichtner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.


This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.



The Governance Gap


The Governance Gap
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Author : Penelope Simons
language : en
Publisher: Routledge
Release Date : 2014-07-11

The Governance Gap written by Penelope Simons and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-11 with Business & Economics categories.


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.



Extractive Industries And Human Rights In An Era Of Global Justice


Extractive Industries And Human Rights In An Era Of Global Justice
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Author : Amissi Melchiade Manirabona
language : en
Publisher:
Release Date : 2019

Extractive Industries And Human Rights In An Era Of Global Justice written by Amissi Melchiade Manirabona and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Dispute resolution (Law) categories.


"This book is a collection of expert academic articles from contributors around the globe. It is written to explore the concept of global justice and how it can help enhance the capacity of extractive industry dispute prevention and resolution mechanisms in order to better address the needs of local communities."--



Social License And Dispute Resolution In The Extractive Industries


Social License And Dispute Resolution In The Extractive Industries
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Author : Cory H. Kent
language : en
Publisher: BRILL
Release Date : 2021-03-01

Social License And Dispute Resolution In The Extractive Industries written by Cory H. Kent and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-01 with Law categories.


Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.



Federal Offshore Regulatory Enforcement


Federal Offshore Regulatory Enforcement
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Author :
language : en
Publisher:
Release Date : 2016-01-20

Federal Offshore Regulatory Enforcement written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-20 with categories.




Regulation Of Extractive Industries


Regulation Of Extractive Industries
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Author : Rachael Lorna Johnstone
language : en
Publisher: Routledge
Release Date : 2020-02-28

Regulation Of Extractive Industries written by Rachael Lorna Johnstone and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.


This book intends to inform the key participants in extractive projects – namely, the communities, the host governments and the investors – about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.



Extractives Industry Law In Africa


Extractives Industry Law In Africa
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Author : Damilola S. Olawuyi
language : en
Publisher: Springer
Release Date : 2018-09-11

Extractives Industry Law In Africa written by Damilola S. Olawuyi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-11 with Law categories.


The book provides a systematic examination of the legal, fiscal and institutional frameworks for the commercial development of petroleum and solid mineral resources in Africa. First, it considers the values, assumptions, and guiding principles underpinning legislation and governance in Africa’s extractive sector. It then provides detailed and comparative evaluations of regulatory frameworks, pricing, local content, procurement, sales, and contractual arrangements across African extractive industries. Further, the book assesses how questions of business and human rights risks, accountability, corporate social responsibility, waste and pollution control, environmental justice, and participatory development have been addressed to date, and how they could be addressed better in the future. Enhancing readers’ understanding of the geography, sources and scope of extractive resources in Africa, the book explains how corporations can effectively identify, mitigate and prevent legal and business risks when investing in African extractive industries. Lastly, it discusses the innovative legal strategies and tools needed to achieve a sustainable and rights-based extractive industry.Written in a user-friendly style, the book offers a valuable resource for corporations, investors, environmental and human rights administrators, advocates, policymakers, judges, international negotiators, government officials and consultants who advise on, or are interested in, petroleum and solid mineral investments in Africa. It also offers students and researchers an authoritative guidebook to the current state of extractive industry laws and institutions in Africa. Numerous examples of how international legal norms could be used to help revitalize the underlying legal and fiscal regimes in African extractive industries – to make them more robust, accountable, sustainable and rights-based – round out the coverage



Extractive Relations


Extractive Relations
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Author : John R. Owen
language : en
Publisher: Routledge
Release Date : 2017-09-19

Extractive Relations written by John R. Owen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-19 with Business & Economics categories.


Extractive Relations explores the nature of industrial power and its role in shaping what we understand to be the global mining sector. The authors examine issues at the forefront of contemporary debates: corporate obligations in safeguarding the rights of people displaced by mining, the recognition of community rights and interests in supporting or opposing mining developments, the handling of non-judicial grievances and workability of corporate remedy systems, and the logic of community relations departments in navigating these issues inside and outside of the typical modern mining establishment. The authors develop a unique theoretical approach that highlights the different types and uses of power in these settings. This perspective is supported by the authors' own sustained engagement with the mining sector over many years, drawing on cases from over twenty countries. The analysis of these issues from both 'inside' and 'outside' the sector is a key point of differentiation. For readers seeking to understand how mining companies interpret and interact with the communities and interests around their operations, this book provides invaluable insight and analysis.



Extracting Natural Resources


Extracting Natural Resources
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law
language : en
Publisher:
Release Date : 2009

Extracting Natural Resources written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.




Earth Matters


Earth Matters
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Author : Ciaran O’Faircheallaigh
language : en
Publisher: Routledge
Release Date : 2017-09-08

Earth Matters written by Ciaran O’Faircheallaigh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Business & Economics categories.


Indigenous peoples have historically gained little from large-scale resource development on their traditional lands, and have suffered from its negative impacts on their cultures, economies and societies. During recent decades indigenous groups and their allies have fought hard to change this situation: in some cases by opposing development entirely; in many others by seeking a fundamental change in the distribution of benefits and costs from resource exploitation. In doing so they have utilised a range of approaches, including efforts to win greater recognition of indigenous rights in international fora; pressure for passage of national and state or provincial legislation recognising indigenous land rights and protecting indigenous culture; litigation in national and international courts; and direct political action aimed at governments and developers, often in alliance with non-governmental organisations (NGOs). At the same time, and partly in response to these initiatives, many of the corporations that undertake large-scale resource exploitation have sought to address concerns regarding the impact of their activities on indigenous peoples by adopting what are generally referred to as "corporate social responsibility" (CSR) policies. This book focuses on such corporate initiatives. It does not treat them in isolation, recognising that their adoption and impact is contextual, and is related both to the wider social and political framework in which they occur and to the activities and initiatives of indigenous peoples. It does not treat them uncritically, recognising that they may in some cases consist of little more than exercises in public relations. However, neither does it approach them cynically, recognising the possibility that, even if CSR policies and activities reflect hard-headed business decisions, and indeed perhaps particularly if they do so, they can generate significant benefits for indigenous peoples if appropriate accountability mechanisms are in place. In undertaking an in-depth analysis of CSR and indigenous peoples in the extractive industries, the book seeks to answer the following questions. What is the nature and extent of CSR initiatives in the extractive industries and how should they be understood? What motivates companies to pursue CSR policies and activities? How do specific political, social and legal contexts shape corporate behaviour? What is the relationship between indigenous political action and CSR? How and to what extent can corporations be held accountable for their policies and actions? Can CSR help bring about a fundamental change in the distribution of benefits and costs from large-scale resource exploitation and, if so, under what conditions can this occur? Earth Matters gathers key experts from around the world who discuss corporate initiatives in Alaska, Ecuador, Australia, Canada, Peru, Papua New Guinea, Indonesia and Russia. The book explores the great diversity that characterises initiatives and policies under the name of "corporate social responsibility", the highly contingent and contextual nature of corporate responses to indigenous demands, and the complex and evolving nature of indigenous–corporate relations. It also reveals much about the conditions under which CSR can contribute to a redistribution of benefits and costs from large-scale resource development. Earth Matters will be essential reading for those working in and studying the extractive industry worldwide, as well as those readers looking for a state-of-the-art description of how CSR is functioning in perhaps its most difficult setting.