11.07.2015 Views

Natural Resources and Violent Conflict - WaterWiki.net

Natural Resources and Violent Conflict - WaterWiki.net

Natural Resources and Violent Conflict - WaterWiki.net

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

140 crossin, hayman, <strong>and</strong> taylorlabeling soccer balls made in Pakistan to ensure that no underage workersare involved. Companies like Mattel <strong>and</strong> Wal-Mart have publishedpolicies stating they will not use child labor for the production or sale oftheir products.Government <strong>and</strong> private procurement programs can complementcertification schemes by creating dem<strong>and</strong> for “ethical” products. TheU.K. government, for example, is attempting to procure all its timberfrom legal or certified sources. A more general duty-of-care culture canalso be fostered through “soft” regulatory mechanisms, such as duediligence schemes—often used in the antiques trade—that may help toprovide for formal liaison between traders <strong>and</strong> law enforcement. Duediligence may be reflected in industry certification procedures, such asadherence to International St<strong>and</strong>ards Organization programs like theISO 14000 st<strong>and</strong>ards or the European Eco-Management <strong>and</strong> AuditScheme, that classify an organization or company by its ability to manageall aspects of its business in an environmentally sound manner.Lateral thinking is also necessary to convince insurance companies<strong>and</strong> banks to assess the legality of operations as part of their financialdue diligence procedures. Investors, banks, <strong>and</strong> export credit agenciesthat have funded illegal activities or activities without due diligencecould perhaps be targeted by tort litigation, money laundering, orproceeds-of-crime legislation. Due diligence procedures imposed byinsurance companies concerned with potential cleanup liabilities, forexample, have been one of the major drivers in compliance with U.S.Superfund hazardous waste legislation.Considerations 4 <strong>and</strong> 5: Political <strong>and</strong> LegalContext of RegulationsAny CTR will be partly a product of the political, economic, <strong>and</strong> socialcircumstances of producing, processing, <strong>and</strong> consuming countries. Inaddition, prior legal precedent, developing international jurisprudence,<strong>and</strong> national case law all will profoundly affect the shape <strong>and</strong>methodology of specific control regimes. For example, attempts tocontrol illegal fishing <strong>and</strong> impose access restrictions on fishing fleetshave been hindered by the “freedom of the high seas.” Within thisbroad context, the Convention on the Conservation of AntarcticMarine Living <strong>Resources</strong> (CCAMLR) Treaty that protects southernocean resources has a number of unique features <strong>and</strong> must be understoodagainst the background of the Antarctic Treaty System fromwhich it emerged. In the Antarctic Treaty of 1959, the 12 potentialclaimants of portions of Antarctica 19 agreed to set aside their territorialclaims in the interests of international harmony. Article IV of the

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!