Governing the Extractive Sector: Regulating the Foreign Conduct of International Mining Firms (Global Energy Law and Policy)

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. Global Energy Law and Policy: Volume 5 Acknowledgements Contents List of Abbreviations Introduction PART I: THE PROBLEM PERSISTS 1. Dark History I. Germs of Empires II. The Extractive Sector at the Gates 2. The Case for Civil Society and Corporate Actors I. Civil Society: Origins and Impact 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 II. Substantive and Procedural Hurdles 4. The United States I. The Alien Tort Statute 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 III. History of Failure IV. The Canadian Ombudsperson for Responsible Enterprise V. Oxfam Australia’s Mining Ombudsman 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 8. Accountability, Effectiveness and Contrast I. Testing Effectiveness of the Proposal under UN Guiding Principle 31 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 1. Mandate 2. Definitions 3. Function of the CORE Pursuant to the Enabling Act 4. Procedures of the CORE 5. Submission of Complaint 6. Initial Assessment 7. Opportunity for Mediation or Arbitration 8. Disclosure 9. Hearings 10. Potential Assessment of a Penalty 11. Responses to Potential Assessment of Penalty 12. Reporting 13. Appeals 14. General Bibliography Index "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 two-fold: 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"-- Provided by publisher "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 two-fold: 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"-- Provided by the publisher