Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Sara L. Seck
    Home State Regulation of Environmental Human Rights Harms As Transnational Private Regulatory Governance
    in German Law Journal , vol. 13, issue 12 ,  2012 ,  1363-1385
    Home state mechanisms designed to prevent and remedy environmental human rights harms associated with overseas resource extraction have recently been proposed in Canada. This essay will examine whether such mechanisms could be viewed as transnational private regulatory governance, and the implications of doing so for our understanding of law and for the concerns of host state local communities. The essay will explicitly consider how insights from Third World Approaches to International Law (TWAIL) must inform the structure of home state mechanisms in order to overcome the neo-colonialist tendencies of international law. The essay will conclude by identifying how insights from TWAIL in relation to the design of home state mechanisms could be applied to other transnational private regulatory governance regimes, and will identify questions to guide future research. It will also offer reflections on how viewing home state regulation as transnational private regulatory governance can help to overcome the limitations associated with the phrase “extraterritorial jurisdiction” by moving beyond a state-centric conceptualization of international law.
    ©2001 - 2020 - Centro Studi sul Federalismo - P. IVA 94067130016