How can the concept of ‘unjust enrichment’ be used in decision-making?
We need to recognize that the ecological base is ultimately the main source of wealth. Of course,
material resources, space, human talent and labour are also necessary. However, if the ecological
base is consumed, then no one can acquire wealth, no matter how clever they are or how hard they
work.
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There is a negative misperception that wealth creation results from the innate superiority of
individuals – a view often favoured by the successful. This helps some to whitewash the fact that a
few hundred individuals in the world now have as much wealth as millions of the world’s poor. If a
developer or corporation makes a fortune from destroying public amenities or shortening life spans,
they are ‘unjustly enriched’. For example, a large construction company in Australia used asbestos
for a couple of decades after it was banned. This was about 100 years after it was known to cause
serious harm. The company was ultimately required to pay compensation, but avoided doing so for
years. This was strategic, as the compensable ‘damage’ to the workers (paradoxically) can disappear
when they die. The award amount created a fund to support future victims, but did not cover the
unjust enrichment (profits) obtained by years of deliberately putting people at risk. Until we limit
personal and corporate profits, and measure damages to the environment and people in terms of
unjust enrichment, sustainability will remain an end-of-pipe dream.
But haven’t our decision tools looked at equity as well as efficiencies?
Some purport to. However, our decision tools emerged from a cost–benefit framework that ‘balances
the interests’ in future actions in a pluralist (versus public good) framework [Chapter 12]. Had our
tools emerged in a whole system, public interest framework, the internalities, cumulative resource
transfers, costs of inaction and double standards would have been more apparent. In a development
issue, of course, all parties appeal to public values and make claims about relative costs and benefits to
the public. However, the accumulation of wealth and power – which both determines, and flows from,
land-use and development decisions – is not debated. If researchers mapped the resource transfers of
existing
systems of development (materials, space, energy, wealth and/or power) and how they shaped
environmental quality in terms of equity, there would be a basis for public debate [Box 48]. Instead,
the status quo, with its radical and accelerating concentration of wealth, is treated as if it were the
‘natural order’. Using the status quo as the benchmark thus obfuscates power relationships. We have
seen how sustainability auditing, as well as other environmental management methods, are selective
in what they measure. They validate and reinforce the existing costs, inequities and decision-making
influences already embedded in the industrial systems of development by ‘normalizing’ them. After
that, environmental planning and management can only ensure the impacts are not so great that they
cause social conflict that can destabilize the given order.
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