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Private Regulatory Fragmentation as Public Policy: Governing Canada’s Mining Industry

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  • José Carlos Marques

    (McGill University)

Abstract

This paper addresses recent calls to study the role of the state in private regulation. Integrating current scholarship on the state as a catalyst of private regulatory regimes with prior literature on regulatory failure and self-regulation, it identifies and problematizes unsettled assumptions used as a starting point by this growing body of research. The case study traces the evolution of public debates and the interaction of different regulatory initiatives dealing with corporate social responsibility (CSR) issues in Canada’s mining industry. Findings reveal the conditions under which the state is more likely to encourage firm-level, fragmented initiatives than facilitate and promote industry-wide regulatory strengthening and consolidation. I discuss the need for greater analytical precision regarding the variation in regulatory policy preferences across time and branches of government and the interaction between public and private regulatory initiatives. The conclusion outlines suggested areas for future research as well as the likely outcome of Canada’s current CSR policy framework.

Suggested Citation

  • José Carlos Marques, 2016. "Private Regulatory Fragmentation as Public Policy: Governing Canada’s Mining Industry," Journal of Business Ethics, Springer, vol. 135(4), pages 617-630, June.
    • Handle: RePEc:kap:jbuset:v:135:y:2016:i:4:d:10.1007_s10551-014-2377-3
    DOI: 10.1007/s10551-014-2377-3
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    References listed on IDEAS

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    1. Kaul, Inge & Conceicao, Pedro & Le Goulven, Katell & Mendoza, Ronald U. (ed.), 2003. "Providing Global Public Goods: Managing Globalization," OUP Catalogue, Oxford University Press, number 9780195157413.
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    Cited by:

    1. José Carlos Marques & Burkard Eberlein, 2021. "Grounding transnational business governance: A political‐strategic perspective on government responses in the Global South," Regulation & Governance, John Wiley & Sons, vol. 15(4), pages 1209-1229, October.
    2. Heidingsfelder, Jens, 2019. "Private sustainability governance in the making – A case study analysis of the fragmentation of sustainability governance for the gold sector," Resources Policy, Elsevier, vol. 63(C), pages 1-1.
    3. Greetje Schouten & Otto Hospes, 2018. "Public and Private Governance in Interaction: Changing Interpretations of Sovereignty in the Field of Sustainable Palm Oil," Sustainability, MDPI, vol. 10(12), pages 1-15, December.
    4. Hunter, Benjamin M. & Murray, Susan F. & Marathe, Shweta & Chakravarthi, Indira, 2022. "Decentred regulation: The case of private healthcare in India," World Development, Elsevier, vol. 155(C).
    5. Sarah Tiba & Frank J. van Rijnsoever & Marko P. Hekkert, 2019. "Firms with benefits: A systematic review of responsible entrepreneurship and corporate social responsibility literature," Corporate Social Responsibility and Environmental Management, John Wiley & Sons, vol. 26(2), pages 265-284, March.

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