Resources: Corporate accountability

For decades, students of environmental law were taught that global warming was a problem of unpriced externalities. Smart policy entailed sending price signals to market actors that nudge them to reduce emissions and push growth in a “green” direction. Thirty years later, as we barrel towards catastrophic warming, this lodestar of green capitalism increasingly looks to have led intellectuals down the wrong path. Nevertheless, many of the models and methods of 1990s environmental economics continue to circulate unquestioned in law school classrooms and beyond.

The new, “green” state/corporate system that was heralded by capitalist visionaries in the early 2020s (including Larry Fink of BlackRock, Mark Carney of the United Nations, Bill Gates of Microsoft and Elon Musk of Tesla) envisioned both an intensification and an extensification of ecological plunder and degradation. The types of centralization involved, argues this discussion paper, amounted to a great deal more than just “greenwashing,” extending to worldwide re-regulation of labour and land.

International anti-corruption and human rights groups have strongly condemned the detention of leading Nigerian anti-corruption activist Olanrewaju Suraju of HEDA, one of the first non-governmental groups to expose corruption allegations surrounding the acquisition of the OPL 245 oil field by oil multinationals Shell and Eni.

On Friday 12 February 2021, the UK Supreme Court ruled that the Court of Appeal was wrong to refuse villagers from the Ogale and Bille communities in the Niger Delta permission to sue Royal Dutch Shell (RDS) in London for damages allegedly caused by numerous oil spills from Shell oil pipelines.

The Appeal Court had previously ruled that the English courts have no jurisdiction to hear the case because RDS was found not to exercise control over its Nigerian subsidiaries.

Calls for reparations are resounding throughout the world today: for example, reparations for the injuries of centuries of white supremacy in the Anglo world of the US and the UK; reparations for centuries of colonialist extractivism in Latin America; payment for the immense “climate debt” owed to the global South; and reparations for the damages of male sexual predation, as exemplified in the Korean and Filipina comfort women struggles, the #MeToo movement, and many others in the Americas and elsewhere.

The UK anti-corruption group Corner House has threatened legal action in response to a widely publicised Complaint sent on behalf of former Attorney General Mr Mohammed Bello Adoke SAN to Nigeria’s Inspector General of Police.

Adoke’s Complaint alleges “various acts of forgery” by “the parties responsible for the petition, investigations and commencement of the criminal trial at the court of Milan against the individuals/entities connected with the OPL 245 settlement agreement”.

The Corner House and Global Justice Now are calling for a parliamentary inquiry following a report from the BBC's award-winning Africa Eye team on concerns about alleged fraud, bribery and other highly-questionable business practices by two British managers appointed by a UK aid-backed private equity fund to run its investee Kenyan firm Spencon.

See the downloadable press release above.

The World Bank has invested almost a quarter of a billion dollars in Seven Energy, an oil and gas company operating in Nigeria. Months before the first investment was made, the then Governor of Nigeria's Central Bank alleged that the company's flagship contract involved operating a scheme that was looting billions of dollars in state revenues. A number of the people associated with the contract are now either on the run or charged with money laundering.

The People vs PFI conference will bring together those disturbed by the implications of the Private Finance Initiative (PFI) to brainstorm political and practical solutions; share stories of working for a PFI-run public service, or of living in or near one; and help build effective grassroots opposition to PFI across the UK.

A discussion paper published in Development Dialogue No. 61 (September 2012) sets out some lessons for political strategy suggested by the experience of climate change campaigning over the past quarter-century. It outlines the dangers faced by advocacy NGOs of becoming "patzers" (blunderers) and clients of more sophisticated political actors. A longer version is also available here.

A UK Treasury-financed, off-balance-sheet vehicle may be hiding the extent of the financial liabilities of UK Export Finance (formerly the Export Credit Guarantee Department) and may also be concealing its use of taxpayer funds to cover operational expenses.

In addition, UK Export Finance has failed to put in place procedures that would enable it to comply with its legally-binding obligations (notably with respect to human rights) under Article 21 of the Lisbon Treaty.

These are among the conclusions of a recent Corner House submission to a UK Parliamentary group, one part of a broader questioning by civil society groups of the human rights and sustainability practices of Britain's official export subsidy apparatus.

Under the OECD Guidelines for Multinational Enterprises, commercial confidentiality cannot be used by corporations as a reason for refusing to supply the names of their agents when requested by competent authorities. This ruling by the UK government was issued in November 2010, six years after The Corner House first submitted a Complaint against BAE, Rolls Royce and Airbus.

The US public television's flagship public affairs programme, Frontline, produced a 60-minute documentary on "black money" -- the secret payments that make up the shadowy world of international bribery. It reveals how multinational companies create slush funds and set up front companies to obtain business and contracts. In describing the crackdown on these practices, the documentary focuses on BAE Systems and allegations about its billion dollar bribes. It includes an interview with former Serious Fraud Office (SFO) Director Robert Wardle, who describes as "blackmail" the Saudi threat to withdraw intelligence cooperation with the UK if the SFO's BAE-Saudi investigation continued.

On 12-13 March 2009, development, environment and human rights groups from Belgium, France, Italy, Ireland, Switzerland and the UK, and local residents of the island of Jersey organised a seminar to discuss the necessity for tax haven reform and to exchange views on how governments and civil society can work towards achieving a "just transition" for tax havens that would not impact on poorer residents.

38. The current protectionist backlash against state-owned sovereign wealth funds (SWFs), particularly from the Middle East and China, stems from Western policy makers' fears that SWFs follow strategic political objectives rather than commercial interests, investing in Western companies and banks to secure control of strategically important industries such as telecommunications, energy and banking. This paper examines these fears in order to understand the potential impact and implications of sovereign wealth funds in a rapidly-changing global political economy.

The Woolf Report entitled Ethical business conduct in BAE Systems plc -- the way forward was published on 6 May 2008. This presentation explores how BAE has used the report from a critical public relations perspective. 

The Merowe/Hamadab Dam on the River Nile in Sudan, which was completed in 2009, is the largest hydroproject in Africa. The major contracts were awarded to three European companies: Lahmeyer International, Alstom and ABB. Implementation to date has been characterised by human rights abuses, forced resettlement, illegality and a failure to abide by international standards. The companies consistently failed to use their influence to halt the dam's implementation until issues surrounding its impacts were resolved.

The OECD Working Group on Bribery's reviews of how countries are implementing the OECD Anti-Bribery Convention are an invaluable source of information about practice in different countries in combating bribery. This paper pulls together all the Group's comments and recommendations about public procurement, and summarises the procedures countries have developed to exclude companies convicted of bribery from public procurement.

International finance institutions promise that the projects they back will comply with international environmental and social standards -- but these standards are frequently flouted. NGOs can document such violations so as to bring concerns to decision-makers, the wider public and the courts.

As corporations have expanded beyond their national borders, it has become harder for individual countries to protect public interests through national regulation alone. Industry self regulation or co-regulation is often considered the best way to set global rules. Drawing on a case study of the infant food industry, this briefing paper raises crucial questions about making TNCs publicly accountable at a time when dialogues and partnerships are portrayed as the best way to interact with them.

The "divide and rule" corporate public relations strategy for dealing with NGOs raising issues about the BTC oil pipeline is made explicit in this presentation on the project's Environmental & Social Impact Assessment, released under FOIA.