Global Project Finance, Human Rights and Sustainable Development
This book looks at the positive and negative effects project finance has on
societies: for socially responsible investment versus the constraints placed upon the
investing parties.
The book takes these positive and negative impacts and tries to marry the
demands of commercial performance with respect for human rights and environmental
protection. It sets out the basics behind the finance model, observes the positive and
negative features and goes on to look at international case studies. Finally, it goes on
to make proposals for reform.
Sheldon L. Leader is Professor in
the School of Law, University of Essex and Director of the Essex Business and Human Rights
Project. He works at the intersection between human rights law, areas of law governing
economic actors, and legal theory. He has focused on the human rights impact of investment
strategies, most recently in Kosovo working with the Organization for Security and
Cooperation in Europe (OSCE).
David M. Ong is a Reader at the
University of Essex Law School, UK where he teaches and researches in the fields of Public
International Law and Environmental Law. He has served as a technical expert and resource
person for United Nations Development Programme (UNDP) activities on Oil- and
Gas-Producing Developing Countries, as well as the Organization for Security and
Co-operation in Europe (OSCE) Mission in Kosovo, alongside Professor Leader.
Table of Contents
Part I. The Framework: 1. An introduction to the issues Sheldon Leader
2. The linkages between project finance and sustainable development Annie Dufey and
Maryanne Grieg-Gran
3. Project finance and the relevant human rights Ozgur Can Kahale
4. Applying international environmental principles within project-financed transnational
investment agreements David M. Ong
Part II. Special Topics:
5. Risk management, project finance, and rights-based development Sheldon Leader
6. Freezing the balancing act?: Project finance, legal tools to manage regulatory risk,
and sustainable development Lorenzo Cotula
7. Human rights impact assessments and project finance Tamara Wiher
8. Project finance investments and political risk: an empirical investigation Claudia
Girardone and Stuart Snaith
9. Insurance as a risk management tool: a mitigator or an aggravant? Rasmiya Kazimova
10. Irreparable damages, project finance and access to remedies by third parties Judith
Schönsteiner
Part III. Case Studies:
11. The implications of the Chad-Cameroon and Sakhalin transnational investment
agreements for the application of international environmental principles David M. Ong
12. The human rights and sustainable development implications of the project finance
arrangements for the Baku-Tbilisi-Ceyhan (BTC) pipeline project Annie Dufey with
contribution from Rasmiya Kazimova
13. The Orion and CMB pulp plants in Uruguay Annie Dufey with contribution from Diana
Morales
14. The Newmont and Anglogold mining projects Nii Ashie Kotey and Poku Adusei
15. Overview and recommendations Sheldon Leader and Rasmiya Kazimova.
534 pages, Hardcover