The Governance Gap
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Author | : Penelope Simons |
Publisher | : Routledge |
Total Pages | : 461 |
Release | : 2014-07-11 |
Genre | : Business & Economics |
ISBN | : 1317576292 |
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.
Author | : Surya Deva |
Publisher | : Cambridge University Press |
Total Pages | : 451 |
Release | : 2013-11-21 |
Genre | : Business & Economics |
ISBN | : 1107036879 |
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.
Author | : Oonagh E. Fitzgerald |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 443 |
Release | : 2020-10-06 |
Genre | : Business & Economics |
ISBN | : 1928096948 |
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.
Author | : Victor Galaz |
Publisher | : Edward Elgar Publishing |
Total Pages | : 204 |
Release | : 2014-04-25 |
Genre | : Political Science |
ISBN | : 1781955557 |
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
Author | : Penelope Simons |
Publisher | : Routledge |
Total Pages | : 488 |
Release | : 2014-07-11 |
Genre | : Business & Economics |
ISBN | : 1317576284 |
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.
Author | : Thomas G. Weiss |
Publisher | : John Wiley & Sons |
Total Pages | : 180 |
Release | : 2016-01-07 |
Genre | : Political Science |
ISBN | : 0745678661 |
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".
Author | : Patrick S. Renz |
Publisher | : Springer Science & Business Media |
Total Pages | : 274 |
Release | : 2007-01-08 |
Genre | : Business & Economics |
ISBN | : 3790819263 |
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.
Author | : Robert C. Beckman |
Publisher | : BRILL |
Total Pages | : 336 |
Release | : 2018-11-26 |
Genre | : Law |
ISBN | : 9004373306 |
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.
Author | : Afra Afsharipour |
Publisher | : Edward Elgar Publishing |
Total Pages | : 544 |
Release | : 2021-06-25 |
Genre | : Law |
ISBN | : 1788975332 |
This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.
Author | : Augusto Lopez-Claros |
Publisher | : Cambridge University Press |
Total Pages | : 561 |
Release | : 2020-01-23 |
Genre | : Law |
ISBN | : 1108476961 |
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.