Abstract

http://ssrn.com/abstract=2358981
 


 



Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala


Valerie Crystal


York University - Osgoode Hall Law School

Shin Imai


York University - Osgoode Hall Law School

Bernadette Maheandiran


Swadron Associates

October 9, 2013

(2014), 35 (2) Canadian Journal of Development Studies 286-303
Osgoode Legal Studies Research Paper No. 43/2014

Abstract:     
This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company. While first generation law and development reforms have facilitated foreign mining in Guatemala, “second generation” reforms have not yet provided a meaningful way of addressing conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. The corporate social responsibility mechanisms applicable to the mining company cannot provide enforceable orders. Canadian courts have been reluctant to permit law suits against Canadian parent companies. However, in Choc v. HudBay, an Ontario judge has allowed a case to proceed to a full trial on the merits of the case, providing an important, albeit limited, avenue for corporate accountability.

Number of Pages in PDF File: 28

Keywords: mining, indigenous people, Guatemala, HudBay, corporate social responsibility, human rights, corporate accountability

JEL Classification: K19, K22, K33

Accepted Paper Series





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Date posted: November 24, 2013 ; Last revised: July 26, 2014

Suggested Citation

Crystal, Valerie and Imai, Shin and Maheandiran, Bernadette, Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala (October 9, 2013). (2014), 35 (2) Canadian Journal of Development Studies 286-303; Osgoode Legal Studies Research Paper No. 43/2014. Available at SSRN: http://ssrn.com/abstract=2358981 or http://dx.doi.org/10.2139/ssrn.2358981

Contact Information

Valerie Crystal
York University - Osgoode Hall Law School
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
Shin Imai (Contact Author)
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Bernadette Maheandiran
Swadron Associates ( email )
115 Berkeley Street
Toronto
Canada
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