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Human Rights in the Extractive Industries

Human Rights in the Extractive Industries
Author: Isabel Feichtner
Publisher: Springer
Total Pages: 546
Release: 2019-06-13
Genre: Law
ISBN: 3030113825
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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.

Extractives Industry Law in Africa

Extractives Industry Law in Africa
Author: Damilola S. Olawuyi
Publisher: Springer
Total Pages: 354
Release: 2018-09-11
Genre: Law
ISBN: 3319976648
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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

Regulation of Extractive Industries

Regulation of Extractive Industries
Author: Rachael Lorna Johnstone
Publisher: Routledge
Total Pages: 215
Release: 2020-02-28
Genre: Law
ISBN: 0429594712
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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.

The Governance Gap

The Governance Gap
Author: Penelope Simons
Publisher: Routledge
Total Pages: 461
Release: 2014-07-11
Genre: Business & Economics
ISBN: 1317576292
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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.

Extractive Industries and Human Rights in an Era of Global Justice

Extractive Industries and Human Rights in an Era of Global Justice
Author: Amissi Melchiade Manirabona
Publisher:
Total Pages: 444
Release: 2019
Genre: Dispute resolution (Law)
ISBN: 9780433501169
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"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
Author: Cory H. Kent
Publisher: BRILL
Total Pages: 235
Release: 2021-03-01
Genre: Law
ISBN: 9004450165
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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.

Governing Extractive Industries

Governing Extractive Industries
Author: Anthony Bebbington
Publisher: Oxford University Press
Total Pages: 304
Release: 2018-06-11
Genre: Business & Economics
ISBN: 0192552880
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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Proposals for more effective natural resource governance emphasize the importance of institutions and governance, but say less about the political conditions under which institutional change occurs. Governing Extractive Industries synthesizes findings regarding the political drivers of institutional change in extractive industry governance. It analyses resource governance from the late nineteenth century to the present in Bolivia, Ghana, Peru, and Zambia, focusing on the ways in which resource governance and national political settlements interact. The authors focus on the ways in which resource governance and national political settlements interact, exploring the nature of elite politics, the emergence of new political actors, forms of political contention, changing ideas regarding natural resources and development, the geography of natural resource deposits, and the influence of the transnational political economy of global commodity production.

Human Rights Trade-Offs in Times of Economic Growth

Human Rights Trade-Offs in Times of Economic Growth
Author: Areli Valencia
Publisher: Springer
Total Pages: 297
Release: 2016-11-03
Genre: Political Science
ISBN: 1137488689
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This book uncovers a historical dependency on smelting activities that has trapped inhabitants of La Oroya, Peru, in a context of systemic lack of freedom. La Oroya has been named one of the most polluted places on the planet by the US Blacksmith Institute. Residents face the dilemma of whether to defend their health or to preserve job stability at the local smelter, the main source of toxic pollution in town. Valencia unpacks this paradoxical human rights trade-off. This context, shaped by social, historical, political, and economic factors, increases people’s vulnerabilities and decreases their ability to choose, resulting in residents' trading off their right to health in order to work. This book shows the deep connection of this local dilemma to the country’s national paradox, arising out of Peru's vision of natural resource extraction as the main path to secure economic growth for the entire country at the expense of some groups.

Mining and Sustainable Development

Mining and Sustainable Development
Author: Sumit. K. Lodhia
Publisher: Routledge
Total Pages: 274
Release: 2018-01-12
Genre: Technology & Engineering
ISBN: 1351355554
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Mining is a transformative activity which has numerous economic, social and environmental impacts. These impacts can be both positive and adverse, enhancing as well as disrupting economies, ecosystems and communities. The extractive industries have been criticised heavily for their adverse impacts and involvement in significant social and environmental scandals. More recently, these industries have sought to respond to negative perceptions and have embraced the core principles of sustainability. This sector could be regarded as a leader in sustainability initiatives, evident from the various developments and frameworks in mining and sustainability that have emerged over time. This book reviews current topical issues in mining and sustainable development. It addresses the changing role of minerals in society, the social acceptance of mining, due diligence in the mining industry, critical and contemporary debates such as mining and indigenous peoples and transit worker accommodation, corporate sustainability matters such as sustainability reporting and taxation, and sustainability solutions through an emphasis on renewable energy and shared-used infrastructure. Written by experts from Australia, Europe and North America, but including examples from both developed and developing countries, the chapters provide a contemporary understanding of sustainability opportunities and challenges in the mining industry. The book will be of interest to practitioners, government and civil society as well as scholars and students with interests in mining and sustainable development.