csr and the law: learning from the experience of canadian mining companies in latin america in...
TRANSCRIPT
CSR and the Law: Learning fromthe Experience of Canadian Mining
Companies in Latin America
In Sagebien and Lindsay, eds., Governance Ecosystems: CSR in the Latin American Mining Sector
Presentation byKernaghan Webb, Associate Professor, Department of
Law and BusinessTed Rogers School of Management
Founding Director, Ryerson Institute for the Study of CSRDecember 8, 2011
Basic position
• Corporate social responsibility and the law are complementary approaches for addressing the environmental, social and economic (ESE) challenges associated with mining in Latin America (LA)
• Canadian law, host country law (in LA countries) and international law all play roles in shaping mining behaviour in LA
• CSR a proactive approach to addressing ESE issues, thereby potentially minimizing the need for formal resort to law
• CSR potentially particularly important in LA jurisdictions, where: formal governance capacity (including law) is often weak; poverty and corruption is widespread; and indigenous populations are large & disadvantaged
CSR defined• Federal government def’n: the way businesses
achieve an integration of ESE objectives while at the same time addressing stakeholder expectations & sustaining or enhancing shareholder value…builds on base of compliance with law, & typically includes “beyond law” commitments
• ISO 26000 definition: comparable to Cdn : based on law and compliance with international norms, stakeholder expectations
Role of law
• “Long arm” Canadian law: corporate law (director duties: Wise and BCE decisions); securities law (“materiality”); tort law; anti-corruption law
• Latin American law: national mining law, environmental impact assessment, pollution control, worker health and safety, royalties, indigenous, referendums
• International law/norms (variable status and application): Universal Declaration on Human Rights, ILO Convention 169, OECD MNE Guidelines, Inter-American Human Rights
In practice….
• Blackfire Mexico….• Goldcorp/Marlin Mine, Guatemala….• Copper Mesa, Ecuador….• Bottom line: proactive CSR measures to
address ESE issues can reduce likelihood of conflict and litigation, can increase likelihood of cooperation among stakeholders, and optimize benefits for all parties
Thank you!
Dr. Kernaghan WebbAssociate Professor, Law and Business DepartmentTed Rogers School of ManagementFounding Director, Ryerson Institute for the Study of [email protected]