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Review essay on The ESG Due Diligence and Transparency Report on Extractive Commodity Trading: can voluntary standards Succeed?

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  1. Available at

  2. See, e.g.: “Voluntary market-based steps along with a better understanding of how humans and ecosystems can adapt to potential climate change offer the best hope for setting policies that are rational, scientifically sound and cost-effective.” (Global warming: who’s right? Facts about a debate that’s turned up more questions than answers. Exxon Corporation. Fall 1996. p.3. Available at; “I suggest that in most cases this is best achieved by flexible regulatory systems which are responsive to specific business pressures and timetables. Or utilize market processes rather than prescriptive blanket rules. A regulatory system which encourages business to evolve is more likely to achieve sustained improvements than one which requires abrupt shifts.” (April 17, 1997. John Jennings, Chairman of the Shell Transport and Trading Company. Available at

  3. Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie: Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework (

  4. See for example on international human rights and international law, Nevsun Resources Ltd v Araya, 2020 SCC 5, [Nevsun v Araya], Supreme Court of Canada; and Garcia v. Tahoe Resources, 2017 BCCA 39, January 2017 (British Columbia Court of Appeal, leave to appeal to Supreme Court of Canada denied); and on climate change and international law, Milieudefensie et al. v. Royal Dutch Shell plc.? (Available at


  6. CETA; SECTION F Resolution of investment disputes between investors and states; Article 8.18 Scope; paragraph 3: “For greater certainty, an investor may not submit a claim under this Section if the investment has been made through fraudulent misrepresentation, concealment, corruption, or conduct amounting to an abuse of process.” Available at

  7. See NY Times report available at

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Correspondence to Howard Mann.

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The author would like to thank Myriam Hammadi for her research and other support in writing this review.

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Mann, H. Review essay on The ESG Due Diligence and Transparency Report on Extractive Commodity Trading: can voluntary standards Succeed?. Miner Econ 35, 181–184 (2022).

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