But surely we hold corporations accountable for negligence?
We tend to ignore negligent behaviour if nature intervenes. When individuals are negligent, they
can be held accountable for consequences to others, despite the unexpected intervention of people
or objects. A series of repercussions that flow from one’s negligent action may not alleviate one’s
responsibility if the intervening factors are man-made objects or variable human characteristics. For
example, if one negligently causes an object to roll, causing a blind person to be injured, one may be
deemed liable. However, if one’s negligence has indirect impacts on the natural environment, which
in turn causes downstream harm to people, the results can be quite different in practice. Intervening
natural systems are often implicitly attributed to ‘acts of God’. For instance, if hills are denuded by
developers or foresters and this results in landslides or floods years later, individuals, governments and
corporations may escape liability. We saw how many farmers have lost their livelihoods because water
was not managed properly and more water rights were allocated than existed. The (then) Australian
Prime Minister announced that people should ‘pray for rain’ – as if it were due to an act of God instead
of the ‘inaction’ of governments and officials. (Another example of nature being blamed was the recent
destruction of 30,000 homes by hot mudflows caused by drilling in Java.) Corporations often argue
that nature’s unwarranted response to our interventions breaks the chain of human accountability.
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Remote downstream consequences in a complex system are not yet considered an adequate basis for
limiting ‘freedom to’ generate wealth, let alone increasing ‘freedom from’ harm by others.
Is that because it is too hard to anticipate and measure collateral damage?
Partly. But it is also because our environmental analysis frameworks are highly selective. Even
though human health impacts were the initial reason for the creation of environmental protection
laws and agencies, we under-estimate these cumulative impacts. It is difficult to measure incremental,
cumulative negative impacts in a complex open system. However, internalities or unjust enrichment
would be easy to measure: we could use the existing tax system to rectify these imbalances. We
have chosen not to measure the inordinate benefits that a private organization receives due to, say,
the past investment in economic growth made by governments. We never ‘call in the loans’, so to
speak. Moreover, public infrastructure is often sold off below cost, under the guise of more efficient
management. When negative impacts result from privatization, it is too late ecologically, and too
difficult politically, to reverse the decision. This is despite the fact that the long-term effects of unjust
enrichment could, in some instances, be greater than some of the externalities. When oil rights in
a rainforest, a coastal area or wetlands are allocated, these decisions create enormous financial gains
for a few, and close off future options for the many. We have seen that the ideologies that underlie
the design of institutional mechanisms can bias outcomes. However, design of planning institutions
themselves can actually work as transfer mechanisms.
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Reversing Resource Transfers
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