Publication: Extracting Corporate Responsibility: Towards a Human Rights Impact Assessment
Author(s): Maassarani, T.F., Drakos, M.T. and Pajkowska, J.
Publisher: 2007, -
In: Cornell International Law Journal, Volume: 40, Issue: 1, Pages: 136–69
This paper sets out to bridge the legitimacy gap between ineffective voluntary mechanisms and prospective compulsory regimes by presenting a model for a human rights impact assessment (HRIA) in the overseas hydrocarbon industry, an industry plagued by allegations of human rights abuse. Part 1 sets out the background of the case study: the billion-dollar Yadana Pipeline Project in Burma (Myanmar), the first large international pipeline in Southeast Asia. The Paper then canvasses the relationship between human rights and private extractive industries and describes the need for human rights concepts, as well as attention to environmental concerns and corruption, within the corporate “sphere of influence”— typically its core operations, business partnerships, host communities, and relations with policy-makers.7 Part 2 assesses the limitations of extant mechanisms, such as voluntary codes of conduct, in regulating corporate human rights compliance, and introduces the HRIA as a stepping stone to more effective regulation. Part 3 outlines the basic history, principles, and processes of environmental and social impact assessment regimes with a view towards developing a model for an HRIA. Part 4 presents the conceptual, legal, and business case for such an HRIA. Part 5 applies this model to the case study and then concludes with several general comments and specific recommendations for creating a viable HRIA regime.
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