John Pearson | Manchester Metropolitan University (original) (raw)
Papers by John Pearson
International Journal of Business Governance and Ethics, 2020
This paper considers the role of legal regulation in assessing the actions of firms in relation t... more This paper considers the role of legal regulation in assessing the actions of firms in relation to CSR. Utilising recent legal developments surrounding the controversial practice of hydraulic fracturing ('fracking') as an illustrative example of the issue, it questions whether judging CSR is possible in a legal vacuum. Having established the linkage between CSR and the law the piece moves to illustrate that instances of legal freedom question established conceptions of CSR and warrant a greater exploration of this connection. Whilst instances of this type are conceded as rare, they do question the extent to which, without law, the responsibility for actions can be demonstrated by firms and it is this which the paper highlights.
The Extractive Industries and Society, 2017
and Lynch-Wood, G (2017) Concern and counter-concern : the challenge of fragmented fears for the ... more and Lynch-Wood, G (2017) Concern and counter-concern : the challenge of fragmented fears for the reguation of hydraulic fracturing. Extractive Industries and Society, 4 (3). pp. 672-680.
A variety of methods of extracting natural resources and, in particular, those utilised to produc... more A variety of methods of extracting natural resources and, in particular, those utilised to produce energy from hydrocarbons,1 provide facts and statistics (of both questionable and acclaimed origin) which shock and appal, or garner considerable support. However, as more research and consideration is given to these, the more realism inevitably emerges in relation to their regulation. In an interesting study of risk it was submitted by Jaeger that, �There can be little doubt that the world economy presently is locked into a path involving a large array of quite serious risks�, and that this path is heavily determined by �its dependency on increasing energy use� at the risk of �ecosystem destruction�.2 It is likely that projects seeking to extract previously unconsidered hydrocarbon resources to quench our undeniable thirst for energy will inevitably continue in some form and to some degree. This means regulation will be increasingly difficult and it must be accepted that c...
The Extractive Industries and Society , 2017
Proposals to use the process of hydraulic fracturing (fracking) to extract natural gas in the Uni... more Proposals to use the process of hydraulic fracturing (fracking) to extract natural gas in the United
Kingdom has been met with both opposition and support as has often been the case for new extractive
industries exploring new techniques or applications thereof. An idiosyncratic feature of the debate
surrounding hydraulic fracturing is however the seeming lack of congruence of the concerns raised by
experts and civic opposition. The authors consider the potential implications of this fragmentation of
fears surrounding the process for its future regulation.
Journal of Planning and Environmental Law, 2015
` A variety of methods of extracting natural resources, and in particular those utilised to produ... more ` A variety of methods of extracting natural resources, and in particular those utilised to produce energy from hydrocarbons, 1 provide facts and statistics (of both questionable and acclaimed origin) which shock and appal, or garner considerable support. However, as more research and consideration is given to these, the more realism inevitably emerges in relation to their regulation. In an interesting study of risk it was submitted by Jaeger et al. that, 'There can be little doubt that the world economy presently is locked into a path involving a large array of quite serious risks,' and that this path is heavily determined by, 'its dependency on increasing energy use,' at the risk of 'ecosystem destruction.' 2 It is likely that projects seeking to extract previously unconsidered hydrocarbon resources to quench our undeniable thirst for energy will inevitably continue in some form and to some degree. This means regulation will be increasingly difficult and it must be accepted that certain factors cannot be changed.
A step in the right direction, but only a short one.
Subject Area: Environmental Law This blog, the second of two, will consider the potential for con... more Subject Area: Environmental Law This blog, the second of two, will consider the potential for contamination arising from extreme energy projects. The lack of knowledge regarding the extent, and even existence of contamination arising from such projects necessitates it is suggested a wholly different approach to regulation than that proposed for the previously considered consumption impacts.
Researching and writing on unconventional energy sources and, in particular, the 'tar sands' of A... more Researching and writing on unconventional energy sources and, in particular, the 'tar sands' of Alberta, Canada presents facts (both questionable and accepted) which shock and appall. However, upon consideration of the phenomenon in the broader contexts in which it undeniably resides, those of energy security, geopolitics and development to name but a few, a degree of realism about such projects is necessitated.
Researching and writing on extreme energy and, in particular, the tar sands being extracted in Al... more Researching and writing on extreme energy and, in particular, the tar sands being extracted in Alberta, Canada, presents facts (both questionable and accepted) which shock and appall. However, upon consideration of the phenomenon in the broader contexts in which it undeniably resides, those of energy security, geopolitics and development to name but a few, realism about such projects inevitably emerges. These realities necessitate, paraphrasing conventional wisdom, acceptance of that which we cannot change, courage to change that which we can, and the wisdom to know the difference.
The extraction of the so-called 'tar sands' of Alberta, Canada, to obtain crude oil have not only... more The extraction of the so-called 'tar sands' of Alberta, Canada, to obtain crude oil have not only displaced the indigenous peoples of the province, decimating their constitutionally protected tribal lands, but have also threatened the continued existence of their culture. Environmental damage wrought by the extraction of bitumen, later refined into crude oil, has destroyed the unique habitat of fauna inextricably linked to the way of life of the indigenous communities of the province as a means of sustenance, livelihood, and cultural expression. Similarly, water consumption by such projects has the potential to reduce fish stocks of the province's waterways below sustainable levels removing another traditional source of sustenance for the indigenous community. Much of the land exploited is made unviable for future recovery and reuse owing to its occupation by vast pools made up of the by-products of the extraction and refining processes. These take great lengths of time to become inert and reusable and have leaked into the natural water basins of the province. Despite attempts at reclamation of the land, current methods have succeeded only in restoring a radically different ecosystem to that which once occupied the land, and is therefore no longer appropriate for the established expressions of culture by indigenous peoples connected to those ecosystems. The piece will contend that irreparable damage to this unique environment, inextricably linked to the equally distinct and irreplaceable culture of the indigenous peoples of the region, constitutes a breach of their human rights to express that culture. Thus, whereas previous attempts to protect the environment through human rights provisions have focused on the rights to life and family, this case presents the potential to form a new basis, in Canada and globally, for environmental protection rooted in alternate established legal provisions at domestic, regional and international levels.
International Journal of Business Governance and Ethics, 2020
This paper considers the role of legal regulation in assessing the actions of firms in relation t... more This paper considers the role of legal regulation in assessing the actions of firms in relation to CSR. Utilising recent legal developments surrounding the controversial practice of hydraulic fracturing ('fracking') as an illustrative example of the issue, it questions whether judging CSR is possible in a legal vacuum. Having established the linkage between CSR and the law the piece moves to illustrate that instances of legal freedom question established conceptions of CSR and warrant a greater exploration of this connection. Whilst instances of this type are conceded as rare, they do question the extent to which, without law, the responsibility for actions can be demonstrated by firms and it is this which the paper highlights.
The Extractive Industries and Society, 2017
and Lynch-Wood, G (2017) Concern and counter-concern : the challenge of fragmented fears for the ... more and Lynch-Wood, G (2017) Concern and counter-concern : the challenge of fragmented fears for the reguation of hydraulic fracturing. Extractive Industries and Society, 4 (3). pp. 672-680.
A variety of methods of extracting natural resources and, in particular, those utilised to produc... more A variety of methods of extracting natural resources and, in particular, those utilised to produce energy from hydrocarbons,1 provide facts and statistics (of both questionable and acclaimed origin) which shock and appal, or garner considerable support. However, as more research and consideration is given to these, the more realism inevitably emerges in relation to their regulation. In an interesting study of risk it was submitted by Jaeger that, �There can be little doubt that the world economy presently is locked into a path involving a large array of quite serious risks�, and that this path is heavily determined by �its dependency on increasing energy use� at the risk of �ecosystem destruction�.2 It is likely that projects seeking to extract previously unconsidered hydrocarbon resources to quench our undeniable thirst for energy will inevitably continue in some form and to some degree. This means regulation will be increasingly difficult and it must be accepted that c...
The Extractive Industries and Society , 2017
Proposals to use the process of hydraulic fracturing (fracking) to extract natural gas in the Uni... more Proposals to use the process of hydraulic fracturing (fracking) to extract natural gas in the United
Kingdom has been met with both opposition and support as has often been the case for new extractive
industries exploring new techniques or applications thereof. An idiosyncratic feature of the debate
surrounding hydraulic fracturing is however the seeming lack of congruence of the concerns raised by
experts and civic opposition. The authors consider the potential implications of this fragmentation of
fears surrounding the process for its future regulation.
Journal of Planning and Environmental Law, 2015
` A variety of methods of extracting natural resources, and in particular those utilised to produ... more ` A variety of methods of extracting natural resources, and in particular those utilised to produce energy from hydrocarbons, 1 provide facts and statistics (of both questionable and acclaimed origin) which shock and appal, or garner considerable support. However, as more research and consideration is given to these, the more realism inevitably emerges in relation to their regulation. In an interesting study of risk it was submitted by Jaeger et al. that, 'There can be little doubt that the world economy presently is locked into a path involving a large array of quite serious risks,' and that this path is heavily determined by, 'its dependency on increasing energy use,' at the risk of 'ecosystem destruction.' 2 It is likely that projects seeking to extract previously unconsidered hydrocarbon resources to quench our undeniable thirst for energy will inevitably continue in some form and to some degree. This means regulation will be increasingly difficult and it must be accepted that certain factors cannot be changed.
A step in the right direction, but only a short one.
Subject Area: Environmental Law This blog, the second of two, will consider the potential for con... more Subject Area: Environmental Law This blog, the second of two, will consider the potential for contamination arising from extreme energy projects. The lack of knowledge regarding the extent, and even existence of contamination arising from such projects necessitates it is suggested a wholly different approach to regulation than that proposed for the previously considered consumption impacts.
Researching and writing on unconventional energy sources and, in particular, the 'tar sands' of A... more Researching and writing on unconventional energy sources and, in particular, the 'tar sands' of Alberta, Canada presents facts (both questionable and accepted) which shock and appall. However, upon consideration of the phenomenon in the broader contexts in which it undeniably resides, those of energy security, geopolitics and development to name but a few, a degree of realism about such projects is necessitated.
Researching and writing on extreme energy and, in particular, the tar sands being extracted in Al... more Researching and writing on extreme energy and, in particular, the tar sands being extracted in Alberta, Canada, presents facts (both questionable and accepted) which shock and appall. However, upon consideration of the phenomenon in the broader contexts in which it undeniably resides, those of energy security, geopolitics and development to name but a few, realism about such projects inevitably emerges. These realities necessitate, paraphrasing conventional wisdom, acceptance of that which we cannot change, courage to change that which we can, and the wisdom to know the difference.
The extraction of the so-called 'tar sands' of Alberta, Canada, to obtain crude oil have not only... more The extraction of the so-called 'tar sands' of Alberta, Canada, to obtain crude oil have not only displaced the indigenous peoples of the province, decimating their constitutionally protected tribal lands, but have also threatened the continued existence of their culture. Environmental damage wrought by the extraction of bitumen, later refined into crude oil, has destroyed the unique habitat of fauna inextricably linked to the way of life of the indigenous communities of the province as a means of sustenance, livelihood, and cultural expression. Similarly, water consumption by such projects has the potential to reduce fish stocks of the province's waterways below sustainable levels removing another traditional source of sustenance for the indigenous community. Much of the land exploited is made unviable for future recovery and reuse owing to its occupation by vast pools made up of the by-products of the extraction and refining processes. These take great lengths of time to become inert and reusable and have leaked into the natural water basins of the province. Despite attempts at reclamation of the land, current methods have succeeded only in restoring a radically different ecosystem to that which once occupied the land, and is therefore no longer appropriate for the established expressions of culture by indigenous peoples connected to those ecosystems. The piece will contend that irreparable damage to this unique environment, inextricably linked to the equally distinct and irreplaceable culture of the indigenous peoples of the region, constitutes a breach of their human rights to express that culture. Thus, whereas previous attempts to protect the environment through human rights provisions have focused on the rights to life and family, this case presents the potential to form a new basis, in Canada and globally, for environmental protection rooted in alternate established legal provisions at domestic, regional and international levels.