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The planet's polluters should be put in the dock
only a world environment court can curb capitalism's excesses
| Michael Meacher |
The Guardian, Saturday 25 October 2003 |
Unseen by most, our world is being transformed at an exponential rate.
It is a process driven by unfettered industrial exploitation, growing
technological control, soaring population growth and now climate
change, the effects of which open up an apocalyptic scenario for the
human race.
Man's ecological footprint is now outpacing many of the natural
phenomena that govern our world. Indeed, we have almost become our own
geophysical cycle. Our biological carbon productivity is now exceeded
only by the krill in the oceans. Our civil engineering works shift
more soil each year than all the world's rivers bring to the seas. Our
industrial emissions eclipse the total emissions from all the world's
volcanoes. We are bringing about species loss on a scale of some of
the massive natural extinctions of palaeohistory. We are altering the
nitrogen cycle. Even in the remotest parts of the world, contaminants
like lead and DDT appear in the food chain.
The ravages are there for all to see. Some 420 million people live in
countries that no longer have enough crop land to grow their own food.
Half a billion people live in regions prone to chronic drought. By
2025 that number is likely to have increased fivefold. Deserts are
likely to become hotter. Marine ecosystems are at risk, including
salt-water marshes, mangroves, coastal wetlands and coral reefs. In
1998, the hottest year on record, large areas of forest burned down
after prolonged drought. By 2050 it is projected that the Amazon will
have died back.
Shifts away from equilibrium unlock other changes that interact with
the original shifts and grossly magnify their effects until the whole
process spirals out of control and makes our planet uninhabitable.
All these threats are being exacerbated by
population pressures. It took around 150,000 years for the world
population to reach 1 billion in 1804. It took another 123 years to
reach 2 billion in 1927. It then took only 14 years to reach 3
billion, a further 14 years to reach 4 billion, 13 years to reach 5
billion, and just 12 years to reach 6 billion. The UN projects global
population to rise to 9.3 billion by 2050, by which time almost 90% of
the world's people would live in developing countries. The pressures
that this exerts on the environment is scarcely calculable.
What can be done? Clearly, what is needed is a
framework of international law that permits the operation of free
trade and a competitive world economy, but only within parameters
strictly drawn to safeguard our planet. No such system of
international environmental governance exists at present, and
none is being seriously pursued. The realpolitik in the world economy
is a powerfully deregulatory one. The first stirrings of resistance to
this rightwing corporate hegemony are being seen in the
anti-globalisation movement, but this has yet to be translated into a
coherent alternative ideology.
The core of a new international environmental
governance needs to be the network of multilateral
environmental agreements (MEAs) that have been negotiated over the
past few decades to protect the global environment. There are 200 of
them, covering international trade in waste, chemical pollutants,
endangered species, ozone depletion, genetically modified organisms
and oil spills. Their weaknesses are that they are not readily
enforceable, their coverage is fragmentary and there are many policy
gaps where no effective MEAs exist at all.
The most important issue is
enforceability. MEA dispute settlement
procedures have never been used because the multilateral nature of the
issues they deal with make the provision for bilateral dispute
settlement procedures largely irrelevant.
What is really needed is a world environment court that would enforce
a global environmental charter.
The right to bring cases before such a court should not be
confined to the governments of nation states, but should include public
interest bodies, notably
NGOs. The court should also have permanent specialist bodies to
investigate damage to the global environment, whether inflicted or
threatened, with powers to subpoena evidence and prosecute individuals
and corporate bodies. This would only work if properly funded. However, if the fines imposed on corporate offenders
were recycled, the court's investigative and legal work would quickly
become self-financing.
Alongside a world environment court we
also need a strengthened United Nations Environment Programme (Unep)
to promote a more sustainable world economy. There need to be three
fundamental changes: adequate and reliable funding; the establishment
of a forum of world environment ministers, meeting annually; and, most
important, it must be put on a par with the World Trade
Organisation. While the WTO can require that countries act in
accordance with what it calls free trade, Unep cannot require that
companies or countries act in accordance with environmental
constraints. So unfettered free trade remains the dominant aim, and
even where there is an MEA in place that may conflict with some aspect
of trade, the WTO presses to ensure that the latter takes
precedence.
Unep should be empowered to receive reports and
intelligence, give advice or warning and, where appropriate,
take legal action against offenders, either in national courts or
in the world environment court. The level
of penalties must be on a scale to constitute a deterrent. Just as the
WTO permits a retaliatory penalty to be pitched at a level related to
the harm done over a breach of trading rules, so the world environment
court should impose penalties that require the full remedy of damage
to the environment and a fine large enough to deter a repeat
offence.
The court could secure justice for the victims
of environmental disasters and climate change (mainly developing
countries), and apply pressure on the perpetrators (mainly
industrialised countries) to avoid such catastrophes. The Red Cross has even suggested that "poor
countries might seek legal compensation [from countries causing global
warming] to pay for reconstruction through an international tort
climate court".
At the national level, corporate social responsibility should
mean three things. First, all companies above a certain threshold of
turnover or employment should be required to report annually on their
environmental and social impacts. At present, in the UK, this is
voluntary.
Second, fines should be jacked up. Polluting rivers, illegally
discharging chemicals or dumping hazardous waste are often met by
derisory fines - a few thousand pounds levied on a company with a
turnover of hundreds of millions. These footling fines should be
replaced by deterrent penalties related to turnover, and convicted
companies or individuals should be "named and shamed" on
public registers.
Third, corporate governance in the UK (and other countries) should
include the principle of direct responsibility on the part of the
directors for the activities of their subsidiary companies abroad.
There are many examples of corporate wrongdoing overseas - the
depredations of Shell in the Nigerian delta, illegal logging in
south-east Asia and South America, chemical spills as at Djibouti from
the loading of chromium copper arsenate in plastic containers, and
Thor Chemicals' severe factory pollution of the environment in South
Africa. There should be statutory provision in the headquarters
country to hold the parent company to account.
The approaching apocalypse is not inevitable.
This broad framework of global and
national governance, though it will be
strongly resisted and will take years of patient and persistent
negotiation to implement, would arrest the spiral of environmental
decline and begin the recovery of our fragile global ecology. It is
a new world order whose time has come.
Michael Meacher was environment minister from 1997-2003. This is an edited version of a lecture he will deliver today at the Victoria Rooms in Bristol
Saturday 25 October 2003
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