Unsustainable International Law: Transnational Resource Extraction and Violence Against Women

20 Pages Posted: 17 May 2019

See all articles by Penelope C. Simons

Penelope C. Simons

Faculty of Common Law, University of Ottawa

Date Written: January 1, 2017

Abstract

Violence against women in the context of resource extraction is perpetrated in a variety of circumstances by a variety of actors in the Global North and the Global South. This article focuses on sexual violence against women, including rape in the particular context of transnational North-South resource extraction. Transnational mining and oil & gas companies often become complicit in violence, including sexual violence against women, through the acts of their security providers. The article describes three situations in which Canadian extractive corporations have been implicated in rape and gang rape perpetrated by their security forces. It goes on to consider the distinct types of harm that result from sexual violence and assesses the structural factors that facilitate such violence and support its persistence. It argues that the international legal system maintains a gendered regulatory gap that contributes to the structural violence that operates to further marginalize and oppress women in two interrelated ways. It concludes by considering opportunities to address this issue in different law-making fora.

Keywords: violence against women, rape, transnational resource extraction, international law, international human rights law, United Nations Guiding Principles on Business and Human Rights

Suggested Citation

Simons, Penelope C., Unsustainable International Law: Transnational Resource Extraction and Violence Against Women (January 1, 2017). Ottawa Faculty of Law Working Paper No. 2019-11. Available at SSRN: https://ssrn.com/abstract=3389464

Penelope C. Simons (Contact Author)

Faculty of Common Law, University of Ottawa ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

HOME PAGE: http://www.commonlaw.uottawa.ca

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