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Transnational Law and Local Struggles: Mining, Communities and the World Bank


ISBN13: 9781841136394
Published: January 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £59.99
Hardback edition , ISBN13 9781841136387



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The global spread of transnational mining investment, which has been taking place since the 1990s, has led to often volatile conflicts with local communities. This book examines the regulation of these conflicts through national, transnational and local legal processes. In doing so, it examines how legal authority is being redistributed among public and private actors, as well as national and transnational actors, as a result of globalizing forces. The book presents a case study concerning the negotiation of land transfer and resettlement between a transnational mining enterprise and indigenous peasants in the Andes of Peru. The case study is used to explore the intensely local dynamics involved in negotiations between corporate and community representatives and the role played by legal ordering in these relations. In particular, the book examines the operation of a transnational legal regime managed by the World Bank to remedy the social and environmental impacts of projects which receive Bank assistance. The book explores the nature and character of the World Bank regime and the multiple consequences of this projection of transnational law into a local dispute.

Subjects:
Public International Law
Contents:
1. Understanding Regulation and Legitimation: The Challenges for Transnational Law 2 The Selective Absence of the State: Delegating Responsibility for Mining and Community Conflicts 3 Transnational Law-making in a Global Policy Arena: Addressing Mining and Community Conflicts 4 The World Bank Safeguard Policy Regime: A Globalising Regulatory Model 5 Communities and Corporations 6 Case Study: Antamina in San Marcos 7 Assessing the World Bank Safeguard Policy 8 Transnational Law and Democratic Governance

Series: Hart Monographs in Transnational and International Law

Control Beyond the State: Transnational Counter-Terrorism Law ISBN 9781849465595
To be published June 2030
Hart Publishing
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Human Rights and Violence: The Hope and Fear of the Liberal World ISBN 9781849465335
To be published May 2029
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The Institutional Problem in Modern International Law ISBN 9781509927920
Published April 2019
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£33.99
The Institutional Problem in Modern International Law ISBN 9781849465229
Published November 2016
Hart Publishing
£85.00
Transconstitutionalism (eBook) ISBN 9781782251255
Published May 2013
Hart Publishing
£81.00
(ePub)
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Transconstitutionalism ISBN 9781849464185
Published May 2013
Hart Publishing
£90.00
£130.00
£117.00
(ePub)
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The Concept of Unity in Public International Law ISBN 9781849460439
Published March 2012
Hart Publishing
£95.00
The Concept of Unity in Public International Law (eBook) ISBN 9781847319173
Published March 2012
Hart Publishing
£85.50
(ePub)
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The Payment Order of Antiquity and the Middle Ages: A Legal History ISBN 9781849460521
Published November 2011
Hart Publishing
£180.00
The Payment Order of Antiquity and the Middle Ages: A Legal History (eBook) ISBN 9781847318664
Published November 2011
Hart Publishing
£162.00
(ePub)
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The Institutional Veil in Public International Law ISBN 9781841136349
Published September 2007
Hart Publishing
£90.00
£95.00
Terrorism and the State: Rethinking the Rules of State Responsibility ISBN 9781841136271
Published March 2006
Hart Publishing
£43.99