Transcript Julius Nayak Presentation

Corporate Responsibility for Human Rights and
the Environment in the
Extractive Industry: In Need of a Binding
Framework?
Julius Nayak
Ph.D. Candidate, Centre for Energy, Petroleum and Mineral Law
and Policy
[email protected]
St. Andrews University
26th September 2008
* Working title: An Inquiry into the practicability and achievability of a binding international
framework on corporate responsibility and accountability for human rights and the
environment in the extractive industry
Research objective(s):
Explore the existence of environmental and
human rights failures [if any] in extractive
industry, and the common elements and
reasons thereof;
Examine the practicality and achievability
of a binding international framework on
corporate responsibility and accountability
for human rights and the environment in
the extractive industry.
Research Questions:*
1.
Are there any lacunae in the current
framework (albeit loose) concerning
corporate responsibility and accountability
for human rights and the environment in
the extractive industry?
*
Questions 1, 2(i) and 2(ii) would possibly be
relegated to the context as research progresses.
Research Questions:
2.
If yes,
(i)
What are the reasons for the observed
failures?
(ii)
What kind of measures, be they money
market linked (in its different facets,
including project finance), selfregulatory or binding legal tools can be
adopted to address observed lacunae or
failures concerning corporate
responsibility and accountability for
human rights and the environment in the
extractive industry?
… continued
Research Questions:
2.
If yes,
(iii)
Following from sub-question (ii), how
practicable is a binding international
framework on corporate responsibility
and accountability for human rights and
the environment in the extractive
industry?
(iv)
Even if practicable, is a binding
international framework on corporate
responsibility and accountability for
human rights and the environment in the
extractive industry achievable? If yes,
how?
Hypothesis:
Effective implementation of corporate
responsibility and accountability for human
rights and the environment in the extractive
industry depends on the strength of
Governance (and the like) Indicators in
respective host countries.
Draft Roadmap:*
1. “Case study” approach to examine Question
1 and if it leads further, Question 2(i);
2. From above, explore relationship between
status of corporate responsibility and
accountability with strength of Governance
(and the like) Indicators in respective host
countries;
… continued
*
Road map not methodology - knowledge of
underlying theories and their application to be
acquired/strengthened and methodology/analytical
framework to be prepared.
Draft Roadmap:
3. Examine “practicability” of binding
international framework from 1st step (case
studies).
4. Examine “achievability” of binding
international framework – (i)
International/interest-based divides et al as
well as technical difficulties; (ii)
comparative approach to suggest step-wise
framework.