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Selected Works

Shin Imai

Selected Works

2015

Human rights

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Accountability Across Borders: Mining In Guatemala And The Canadian Justice System, Shin Imai, Bernadette Maheandiran, Valerie Crystal Oct 2015

Accountability Across Borders: Mining In Guatemala And The Canadian Justice System, Shin Imai, Bernadette Maheandiran, Valerie Crystal

Shin Imai

This paper has been updated and revised and is now available on ssrn as: "Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala" http://ssrn.com/abstract=2358981.


Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Valerie Crystal, Shin Imai, Bernadette Maheandiran Oct 2015

Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Valerie Crystal, Shin Imai, Bernadette Maheandiran

Shin Imai

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 …