Electronic Thesis and Dissertation Repository

Degree

Master of Laws

Program

Law

Supervisor

Professor Sara Seck

Abstract

Despite the benefits transnational corporations (TNCs) offer, they remain largely unregulated entities, enabling environmental, social, and human rights violations to be overlooked. Canadian extractive sector TNCs operating internationally are frequently cited as major perpetrators of such violations. Literature on new governance and self-regulation as well as global corporate social responsibility (CSR) increasingly offers disclosure and reporting as a solution for TNC regulation. This study examines disclosure in international CSR frameworks, and the reflexive law and new governance theories explaining the role of such disclosure and reporting. Mirroring international CSR initiatives, Canadian jurisdictions are increasingly recommending disclosure for its extractive sector TNCs, including through its securities laws. Securities law provides a promising foundation for sustainability reporting because of its existing disclosure framework and its ability to compel disclosure. This potential of Canadian securities law also provides a basis for comparison with the Global Reporting Initiative, the leading sustainability reporting standard.

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