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The Governance Gap By Penelope Simons (University of Ottawa, Canada)

The Governance Gap
by Penelope Simons (University of Ottawa, Canada)

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The Governance Gap Summary


The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage by Penelope Simons (University of Ottawa, Canada)

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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The Governance Gap Reviews


"The authors are to be congratulated. They have produced a well-argued, thoughtful and innovative treatment of a vitally important subject. Their work is a welcome intervention in the important ongoing search for meaningful corporate human rights and environmental accountability in the vulnerability-deepening conditions of contemporary globalisation."

-Anna Grear, Professor of Law, Cardiff Law School - Human Rights Law Review

About Penelope Simons (University of Ottawa, Canada)


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.

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

Additional information

GOR010221966
The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage by Penelope Simons (University of Ottawa, Canada)
Penelope Simons (University of Ottawa, Canada)
Used - Very Good
Paperback
Taylor & Francis Ltd
2015-09-29
460
1138124915
9781138124912
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us.