Transnational Law and Local Struggles

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.

Autorentext

David Szablowski is Assistant Professor of Law and Society at York University in Toronto, Canada.

Inhalt

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