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 St. Andrews University 26 th 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), self- regulatory 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 1 st 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.