Yale Human Rights and Development Law Journal articles from January 1 2008

Yale Human Rights and Development Law Journal archives from January 1 2008

Laws and codes for the resource curse.
January 1, 2008... The international community assigns a high priority to helping impoverished societies, yet its efforts are currently lopsided. While it spends around U.S. $ 100 billion on aid and provides over 100,000 UN peacekeepers, to date it has largely...

Paul Collier, laws and codes for the 'resource curse'.(reply to article in this issue, p. 9)
January 1, 2008... I. INTRODUCTION Paul Collier's proposition that current commodity booms are the single most important issue for the bottom billion is compelling. His framework for a regime of international law and codes to govern commodity booms is worthy...

Extracting accountability: the implications of the resource curse for CSR theory and practice.(corporate social responsibility)
January 1, 2008... While corporate social responsibility (CSR) is important to economic development and baseline human rights in countries dependent on extractive industry revenues, failures in governance--such as the absence of basic services like health care...

Matthew Genasci & Sarah Pray, extracting accountability: implications of the resource curse for CSR theory and practice. (corporate social responsibility) (reply to article in this issue, p. 37)
January 1, 2008... Matthew Genasci and Sarah Pray argue that the best cure for the "resource curse" in developing nations is increased transparency through compliance with the Extractive Industries Transparency Initiative (EITI). (1) This argument is composed of...

Out of the conflict zone: the case for community consent processes in the extractive sector.
January 1, 2008... An examination of contemporary struggles over extractive industry projects shows that they are not adequately captured by current CSR strategies because they are not exclusively disputes about the environment, human rights or health and safety...

Lisa J. Laplante & Suzanne A. Spears, out of the conflict zone: the case for community consent processes in the extractive sector.(reply to article in this issue, p. 69)
January 1, 2008... I. INTRODUCTION Lisa Laplante and Suzanne Spears undertake an admirable agenda in their article, Extracting Without Conflict: The Case for Community Consent Processes. (1) Employing an anthropological approach to understanding community...

Crushed by an Anvil: a case study on responsibility for human rights in the extractive sector.
January 1, 2008... In October 2004, Congolese troops conducted violent reprisals for a minor uprising in the small town of Kilwa, engaging in summary executions, rape, torture, pillaging, and other human rights atrocities. Allegations that a multinational...

Adam McBeth, crushed by an Anvil: a case study on responsibility for human rights in the extractive sector.(reply to article in this issue, p. 127)
January 1, 2008... I. INTRODUCTION Crushed by an Anvil leaves the reader, like the Kilwa victims, feeling rather defeated. Author Adam McBeth uses the Anvil Mining example to show that existing dispute resolution mechanisms are inadequate to resolve...

Home state responsibility and local communities: the case of global mining.
January 1, 2008... Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate...

Sara L. Seck, home state responsibility and local communities: the case of global mining.(reply to article in this issue, p. 177)
January 1, 2008... I. INTRODUCTION Efforts to deter corporate crime have been thwarted by difficulties in identifying and apprehending perpetrators, and in determining appropriate terms for liability. Sara Seck's article, "Home State Responsibility and Local...

Energy security: security for whom?
January 1, 2008... In military-ruled Burma, also known as Myanmar, large-scale natural gas projects have directly and indirectly led to violations of basic human rights through the complicity of multinational corporate actors. These abuses are ongoing and there...

Matthew Smith & Naing Htoo, energy security: security for whom?(reply to article in this issue, p. 217)
January 1, 2008... I. INTRODUCTION Conducting resource extraction in failed states, conflict zones, and countries with poor human rights records (collectively, "regions of concern") raises a number of profound moral and ethical concerns. Not only might human...