Governance Gap by Penelope Simons
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Governance Gap
By Penelope Simons

The Governance Gap

Extractive Industries, Human Rights, and the Home State Advantage

By (author) See other recent books by Penelope Simons See other recent books by Audrey Macklin
Format: Hardback

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Governance Gap by Penelope Simons

Book Description

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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Book Details

ISBN: 9780415334709
ISBN-10: 0415334705
Format: Hardback
(234mm x 156mm x 28mm)
Pages: 460
Imprint: Routledge
Publisher: Taylor & Francis Ltd
Publish Date: 10-Feb-2014
Country of Publication: United Kingdom

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Books By Author Penelope Simons

Redefining Sovereignty in International Economic Law by Penelope Simons Redefining Sovereignty in International Economic Law, Hardback (April 2008)

The contributions in this volume debate the meaning of sovereignty and the impact of international economic law on state sovereignty.

» View all books by Penelope Simons

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Author Biography - Penelope Simons

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.

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Governance Gap by Penelope Simons
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