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Article
Home State Regulation of Environmental Human Rights Harms as Transnational Private Regulatory Governance
German Law Journal
(2012)
Abstract
Home state mechanisms designed to address harms arising from overseas resource extraction have recently been considered in Canada. This paper will examine whether such mechanisms could be viewed as an example of transnational private regulatory governance, and the implications of doing so for our understanding of both public international law and transnational private regulatory governance. After first briefly unpacking the idea of transnational private regulatory governance, the paper will compare common understandings of the scope of home state jurisdiction to regulate transnational corporations under international human rights and international environmental law. Recent developments in Canadian law and policy culminating in the creation of a Corporate Social Responsibility (CSR) Counsellor for the international operations of the Canadian extractive industry will then be described. This Canadian experience will serve an example of home state-based transnational private regulatory governance.
Disciplines
Publication Date
2012
Citation Information
Sara L. Seck. "Home State Regulation of Environmental Human Rights Harms as Transnational Private Regulatory Governance" German Law Journal Vol. 13 (2012) p. 1363 - 1385 Available at: http://works.bepress.com/sara-seck/29/