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Document Type:Latin Dissertation
Language of Document:English
Record Number:53599
Doc. No:TL23553
Call number:‭NR64929‬
Main Entry:Evaristus A. Oshionebo
Title & Author:Transnational corporations in Africa's extractive industries: Challenges in the regulation of corporate conductEvaristus A. Oshionebo
College:York University (Canada)
Date:2006
Degree:Ph.D.
student score:2006
Page No:580
Abstract:In the recent past, transnational corporations (TNCs) engaged in the exploitation of Africa's natural resources - oil, gas, gold, diamonds, etc. - have been implicated in human rights violations, environmental degradation and pollution, and ill-treatment of employees. More significantly, some of these TNCs appear, perhaps unwittingly, to fuel and exacerbate human insecurity in Africa by providing warring factions and insurgent groups with material and financial support in countries such as Angola, Democratic Republic of Congo, Liberia, Sierra Leone and Sudan. This dissertation explores the range of regulatory strategies for regulating the social and environmental practices of TNCs in Africa's extractive industries. Adopting both critical and socio-legal perspectives, it argues that current debate about corporate regulation - conceptualized along ideological lines - is defective to the extent that it does not address the issue of how power is distributed among business, states and civil society. It attempts to deconstruct the regulation of extractive TNCs within the context of the power imbalance between TNCs and host African states. In doing so, it examines public regulatory schemes, international and multilateral regulatory initiatives, self-regulation, and the impacts of civil society groups on corporate behaviour. It argues that neither of the two conventional strategies of state command-and-control regulation and market or self-regulation has proven effective in the African context, and that a more pluralistic approach to regulation - complementing but not excluding these two - might produce better results. This pluralistic approach might involve government agencies, corporations, consumers, Non-Governmental Organizations, and local community associations. This approach has reasonable prospects of fostering cooperation between industry, regulators and host communities. Although the dissertation advances a pluralist view of corporate regulation, it does not disregard the pivotal role of the state and its institutions in regulation. While the state appears to have been severely enfeebled by modern economic realities, and while African states are particularly incapacitated, the state remains the best option for curtailing the excesses of extractive TNCs. But Africa need not rely exclusively on the state to regulate TNCs. Africa should harness both state and non-state resources and deploy them for regulatory purposes.
Subject:Social sciences; Corporate conduct; Extractive industries; Transnational corporations; Law; 0398:Law
Added Entry:York University (Canada)