Ecocide: a corporate anathema

'Eradicating Ecocide highlights the need for enforceable, legally binding mechanisms in national and international law to hold to account perpetrators of long term severe damage to the environment. At this critical juncture in history it is vital that we set global standards of accountability for corporations, in order to put an end to the culture of impunity and double standards that pervade the international legal system.'

So says Bianca Jagger in her endorsement of Polly Higgins’ book, Eradicating Ecocide. And rightly so.

If corporations are not immediately reined into prevent them from persisting in acts which, directly and indirectly, are the primary causes of our global ecological meltdown; in continuing to maintain and aggressively promote a corporate and societal culture which prioritises profits over all other concerns and obligations so as to be able to persist in perpetrating those acts to those ends, then we must anticipate a substantial destabilisation of the biosphere in the not too distant future, one which will make life untenable for many species and cause immense, almost unimaginable, human suffering.

To give but one example, as James Hansen says, if the Keystone XL Pipeline is approved, it is game over. (Use the tag or search for previous posts on Jim Hansen, and for inspiration check out the end of the one paragraph version of his c.v. accessible here)

Be that as it may, we already know far more than enough to be certain that the corporate world will oppose the criminalisation of ecocide to the absolute limits of its power, a power which in practice appears almost irresistible.

The evidence for that is overwhelming - it is irreconcilably hostile to any limitation placed on its freedom to operate and resists implacably with every means at its disposal. Ever since they were introduced, it has been waging a concerted and heavily-resourced war of attrition to roll back the advances made in environmental protection in the second half of the last century. By now it is quite clear that it is winning substantially.

We simply could not be in this most dire of predicaments were that not true. On every front, in every aspect of our multi-faceted environmental calamity, be it deforestation, greenhouse gas emissions, loss of biodiversity, water, soil or any other you care to look at, the damage is being done, facilitated and enabled by corporate activity, and almost always on a scale which is still ramping up despite the known impacts that will result and their indisputably disastrous consequences.

Yet in every example, almost without exception, you will find that all attempts to stop, limit or mitigate the damage and its consequences are being powerfully opposed by the corporate lobby, almost always by the very corporations which undertake the activities concerned and profit by them. There are some noble exceptions, it is true – Patagonia being the most outstanding example, the principled companies aiming to be a part of the solution rather than of the problem - but most are minnows in the grand scheme; the general picture is as described.

Environmental protection measures have been under constant attack on every front: the doctrinaire, alarmist and irrational - that things will go very badly economically and hence very badly in general if market forces are not allowed free rein; direct attacks on legislation and the legislative process pressing for the watering down or repeal of existing measures and opposing new proposals; undermining the credibility of the scientists whose work underpins environmental regulation, and, most notably over climate change, well-documented attacks on the science itself via devices which employ bogus institutes, maverick scientists and pseudo experts to mislead and bamboozle the public; by drawing the teeth of regulators through similar assaults on the regulatory bodies concerned, attacking their funding or even their very existence (currently on the Environmental Protection Agency no less), through tying up their limited resources in legal challenges, or merely by being able to intimidate them into submission using the probable costs should they decide to so challenge.

Lobbying funded on an gigantic scale, together with the manipulation of public perceptions through the mass media are ubiquitous weapons in this war, and the influence now wielded over politicians, particularly those in power, seems to have reached a degree where their independence and representational purpose is very seriously in question.

One has only to look to what is currently unrolling in America, the extraordinary transformation of President Obama, The Citizens’ United decision by the Supreme Court last year (covered by Common Cause here and here, and by the New York Times here), and the assault on the continuing existence of the EPA to see how things panning out.

In the UK too, the process seems relentless, with attack after attack, be it frontal or guerrilla, by the Government itself on existing environmental protection measures, justified on almost any context imaginable. Spending cuts, economic efficiency, deregulation, public benefit, ideology...

Whether we ever lived in democracies is open to question; what seems clear is that in practice the dominant powers in the developed world have now morphed into corporatist states and superstates, in which the superficial trappings of what was never anything more than what is euphemistically termed 'representative democracy' have become a mere puppet show to distract an impotent and gullible populous, deliberately hypnotised by a constant stream of diversions and banality; a populous which has been intentionally socialised and educated to be incapable of thinking sufficiently deeply to comprehend the issues, what is happening, how it will affect their lives and their families, to even take an interest in its own vital interests, let alone react intelligently to what it perceives, while remaining emotionally incapable of doing so anyway, should that unlikely occurrence actually happen. That our collective response to climate change can objectively be described as insane would alone seem to prove all of this beyond dispute.

So the corporate world as it currently exists will never be anything but implacably hostile to the criminalisation of ecocide, be its opposition overt or covert. Its credo is the entirely unfettered, globalised free market, where all and everything is decided by market forces and nothing else, where everything is commoditised without exception. If we still have a regime where the costs of environmental impacts can continue to be externalised and discounted more or less totally, it is no accident. It is the result of sustained, massively resourced and extremely sophisticated politicking by the corporations, conducted over very long time frames and on a global scale, and which continues with increasing vigour even now, as we watch our future (or at least a benign one) slipping relentlessly into oblivion.

Yet, bizarre as it may seem, to the extent that the corporate world can ever be reconciled with the prospect of criminalising ecocide, once it has understood the terms it is being offered, the corks will be flying in boardrooms around the globe.

The reasons for this unlikely and counter-intuitive conclusion must wait for the next substantive post - the one immediately following being a quick update on coverage of the mock trial, which seems to have been very well received.