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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.
This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
Friends and foes of international cooperation puzzle about how to explain order, stability, and predictability in a world without a central authority. How is the world governed in the absence of a world government? This probing yet accessible book examines "global governance" or the sum of the informal and formal values, norms, procedures, and institutions that help states, intergovernmental organizations, civil society, and transnational corporations identify, understand, and address trans-boundary problems. The chasm between the magnitude of a growing number of global threats - climate change, proliferation of weapons of mass destruction, terrorism, financial instabilities, pandemics, to name a few - and the feeble contemporary political structures for international problem-solving provide compelling reasons to read this book. Fitful, tactical, and short-term local responses exist for a growing number of threats and challenges that require sustained, strategic, and longer-run global perspectives and action. Can the framework of global governance help us to better understand the reasons behind this fundamental disconnect as well as possible ways to attenuate its worst aspects? Thomas G. Weiss replies with a guardedly sanguine "yes".
The contributors to Corporate Citizen explore the legal frameworks and standards of conduct for multinational corporations. In a globalized world governed by domestic and international law, these corporations can be everywhere and nowhere at once, reaping financial benefits and enjoying the protections of investor-state arbitration but rarely being held accountable for the economic, environmental, and human rights harms they may have caused. Given the far-reaching power and success of the transnational corporation, and the many legal tools allowing these companies to avoid liability, how can governments protect their citizens? Broad-ranging in perspective, colourful and thought-provoking, the chapters in Corporate Citizen make the case that because the success of corporate global citizenship risks undermining national and international democratic governance, the multinational corporation must be more closely scrutinized and controlled – in the service of humanity and the protection of the natural environment.
This book unveils a gap in the governance of development projects that ultimately hinders effective, transparent and accountable usage of resources. Illustrated with entertaining examples, the book develops a Project Governance model. The models six modules build an integrated, strategically oriented and ethically reflected platform for a more truthful and efficient cooperation in difficult projects or programs such as in development.
We live on an increasingly human-dominated planet. Our impact on the Earth has become so huge that researchers now suggest that it merits its own geological epoch - the 'Anthropocene' - the age of humans. Combining theory development and case s
Studying institutional development is not only about empowering communities to withstand political buccaneering; it is also about generating effective and democratic governance so that all members of a community can enjoy the benefits of social life. In the U.S.-Mexico borderlands, cross-border governance draws only sporadic—and even erratic—attention, primarily in times of crises, when governance mechanisms can no longer provide even moderately adequate solutions. This volume addresses the most pertinent binational issues and how they are dealt with by both countries. In this important and timely volume, experts tackle the important problem of cross-border governance by an examination of formal and informal institutions, networks, processes, and mechanisms. Contributors also discuss various social, political, and economic actors and agencies that make up the increasingly complex governance space that is the U.S.-Mexico border. Binational Commons focuses on whether the institutions that presently govern the U.S.-Mexico transborder space are effective in providing solutions to difficult binational problems as they manifest themselves in the borderlands. Critical for policy-making now and into the future, this volume addresses key binational issues. It explores where there are strong levels of institutional governance development, where it is failing, how governance mechanisms have evolved over time, and what can be done to improve it to meet the needs of the U.S.-Mexico borderlands in the next decades. Contributors Silvia M. Chavez-Baray Kimberly Collins Irasema Coronado Guadalupe Correa-Cabrera Pamela L. Cruz Adrián Duhalt James Gerber Manuel A. Gutiérrez Víctor Daniel Jurado Flores Evan D. McCormick Jorge Eduardo Mendoza Cota Miriam S. Monroy Eva M. Moya Stephen Mumme Tony Payan Carla Pederzini Villarreal Sergio Peña Octavio Rodríguez Ferreira Cecilia Sarabia Ríos Kathleen Staudt
High Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.
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.
The dilemma of democracy arises from two contrasting trends. More people in the established democracies are participating in civil society activity, contacting government officials, protesting, and using online activism and other creative forms of participation. At the same time, the importance of social status as an influence on political activity is increasing. The democratic principle of the equality of voice is eroding. The politically rich are getting richer-and the politically needy have less voice. This book assembles an unprecedented set of international public opinion surveys to identify the individual, institutional, and political factors that produce these trends. New forms of activity place greater demands on participants, raising the importance of social status skills and resources. Civil society activity further widens the participation gap. New norms of citizenship shift how people participate. And generational change and new online forms of activism accentuate this process. Effective and representative government requires a participatory citizenry and equal voice, and participation trends are undermining these outcomes. The Participation Gap both documents the growing participation gap in contemporary democracies and suggests ways that we can better achieve their theoretical ideal of a participatory citizenry and equal voice.