Governing the Extractive Sector: Regulating the Foreign Conduct of International Mining Firms

Acknowledgements
Contents
List of Abbreviations
Introduction
PART I: THE PROBLEM PERSISTS
	1. Dark History
		I. Germs of Empires
		II. The Extractive Sector at the Gates
	2. The Case for Civil Society and Corporate Actors
		I. Civil Society: Origins and Impact
		II. Corporate Accountability, Responsibilities and Self-Governance
PART II: THE JUDICIAL AND NON-JUDICIAL APPROACH
	3. Obstacles in Holding Corporations to Account
		I. Justification for Home State Regulation
		II. Substantive and Procedural Hurdles
	4. The United States
		I. The Alien Tort Statute
	5. Canada, the UK and Australia
		I. Canada
		II. United Kingdom
		III. Australia
		IV. Assessment of the Case Law
	6. Utilising State-based and Civil Society Sponsored Mechanisms
		I. Failing Solutions
		II. Canada: Office of the CSR Counsellor
		III. History of Failure
		IV. The Canadian Ombudsperson for Responsible Enterprise
		V. Oxfam Australia’s Mining Ombudsman
PART III: PROPOSAL
	7. A New Policy Direction
		I. Key Terms
		II. Canada’s Approach
		III. Proposal: Framework for Reforming the Office of the CORE
	8. Accountability, Effectiveness and Contrast
		I. Testing Effectiveness of the Proposal under UN Guiding Principle 31
		II. Role for Civil Society Actors and Corporate Self-Governance
		III. Contrast and Approach
		IV. Simons and Macklin’s Proposal to Correct the ‘Governance Gap’
		V. Torrance’s Proposal
		VI. Proposal Set Out by the Canadian Network on Corporate Accountability
		VII. Other Proposals
		VIII. Contrast of the Various Proposals
		IX. Concluding Thoughts
Appendix:Draft Operating Procedures for the Canadian Ombudsperson for Responsible Enterprise
	1. Mandate
	2. Definitions
	3. Function of the CORE Pursuant to the Enabling Act
	4. Procedures of the CORE
	5. Submission of Complaint
	6. Initial Assessment
	7. Opportunity for Mediation or Arbitration
	8. Disclosure
	9. Hearings
	10. Potential Assessment of a Penalty
	11. Responses to Potential Assessment of Penalty
	12. Reporting
	13. Appeals
	14. General
Bibliography
Index