Private Regulatory Fragmentation As Public Policy: Governance In Canada?s Mining Industry (DRAFT / ABRIDGED VERSION)

This paper addresses recent calls to study the role of the state in private regulation. Using an historical, organizational-field approach, I trace and explain the evolution of public debates and interaction of different forms of regulatory initiatives dealing with Canada?s mining industry. The empirical evidence presented calls attention to the interaction amongst different regulatory forms, as well as the conditions under which the state will encourage fragmented initiatives, rather than facilitate and catalyze regulatory strengthening and consolidation. As such, my analysis: problematizes the underlying assumptions used as a starting point by the growing literature on the role of the state in private regulation; connects and juxtaposes recent scholarship to more established literature on regulatory state failure and self-regulation. I also contribute to the discussion on Canada?s CSR policy, outlining the likely regulatory effects of the current policy framework.