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Sara L. Seck, Home State Responsibility and Local Communities: The Case of Global Mining
Bernhard, Adrienne
Bernhard, Adrienne
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Abstract
Efforts to deter corporate crime have been thwarted by difficulties in identifying and apprehending perpetrators, and in determining appropriate terms for liability. Sara Seck's article, "Home State Responsibility and Local Communities: The Case of Global Mining," offers an important commentary on the question of corporate social responsibility in a global era, and the corporation's relationship to state sovereignty, international relations, and extraterritorial jurisdiction. Drawing on Canada as a case study, Seck attempts to establish clear legal norms and processes that would hold Canadian corporations accountable for human rights violation. She argues that the implementation of home state regulation in Canada (and elsewhere) will provide strong incentives for Canadian mining companies to conduct their overseas business ventures in socially and environmentally responsible ways. In Part II, I will summarize Seck's argument, focusing on her proposal to pursue corporate violations abroad through home state jurisdiction. In Part III, I will evaluate Seck's proposal, considering the benefits and drawbacks to this approach toward promoting accountability for corporate crimes. In Part IV, I offer my own alternative to home state regulation: the establishment of an international court that has jurisdiction over corporate crimes. I conclude by proposing a realistic assessment of promoting accountability for corporate crimes committed overseas. Because Seck's argument is expansive, I will limit my focus of this response to the question of jurisdiction over corporate crimes and what forum would most effectively address them.