Larry Lohmann
Effective research and other action in the field of environment and law requires an understanding of how profoundly both have changed under neoliberalism. The growth of the neoliberal state amid productivity crisis and the move to a more financialized, rent-based global economy has been accompanied by sweeping legal innovations relating to property, trade, investment, rent and criminality as well as an expansion in the mass of written law and in the gaming of legislation.
Institutionalised Corruption and Development Finance
Nicholas Hildyard
Many lawful, routine, accepted practices in today's economic system are regarded by the general public as corrupt. They have created a distorted, privatised vision of the “public interest” and represent a new trend of state capture by for-profit interests.
Nicholas Hildyard
This presentation challenges the current rush towards mega infrastructure projects that are being planned the world over as a means of boosting economic recovery.
Nicholas Hildyard
This article is drawn from the book Licensed Larceny.
Undemocratic, elitist and unstable
Nicholas Hildyard
This short blog highlights the financial guarantees underpinning today's boom in infrastructure spending.
Expanding the Concept of Environmental Racism
Larry Lohmann
Classically, environmental racism is defined in terms of the racialized distribution of pollution. But it's also about the ways people, ethnic groups, nature and pollution are co-defined in the first place. This aspect of environmental racism is perhaps even more visible in forests than elsewhere, argues this piece from the World Rainforest Movement Bulletin, available here in English, French and Portuguese.
A Spanish-language version of the article is also available from The Corner House upon request.
Nicholas Hildyard
A background paper (available on request) details the stark divide between rich and poor nationally, regionally and internationally, as value has been progressively extracted over the past few decades from ordinary people.
Nicholas Hildyard
The UK Government is using emergency powers to amend the Export and Investment Guarantees Act 1991 governing the Export Credits Guarantee Department (ECGD), so that exporting companies can apply for insurance after they have started constructing their overseas projects (such as oil and gas pipelines, hydroelectric dams and power plants). The amendments would enable companies to circumvent the Department's human rights, environment and sustainable development safeguards.
Environmental, Social and Governance Issues in the Context of the Financial Crisis
Stephanie Fried
Environmentally- and socially-destructive development projects are increasingly being funded by hedge funds, private equity and sovereign wealth funds (instead of by public or private banks) that are not subject to transparency, governance or reporting requirements. Public financial institutions are also investing in these alternative vehicles, which are often based in offshore tax havens. Basic information about these vehicles is not routinely made public. But in the midst of the financial crisis, the Asian Development Bank is pushing for even less transparency for such risky investments. Regulatory authorities should instead focus on much stronger transparency and accountability requirements and address the use by public financial institutions of "secrecy jurisdictions".
Nicholas Hildyard
This article summarises the main issues arising from the BTC oil pipeline runing from Baku in Azerbaijan, through Tbilisi in Georgia to a new marine terminal at Ceyhan on Turkey’s Mediterranean coast that has been developed by a consortium of companies led by the British oil multinational BP. These include the project agreements between the consortium and the three countries; safety concerns; and concerns over due diligence and monitoring.
Simon Clark and Stephen Voss
This Bloomberg Markets article describes the allegations by BP consultant Derek Mortimore that the engineering company contracted to monitor the BTC oil pipeline has no experience in pipeline corrosion work.
How Rich Country Export Credit Agencies Facilitate Corruption in the Global South
The Corner House
The Corner House interviewed by the US magazine, Multinational Monitor, on export credit agencies and corruption.
Investment Agreements and Corporate Colonialism
Nicholas Hildyard and Greg Muttit
Many corporations now rely on bilateral and regional treaties to get what they want in other countries. Some companies are using Host Government Agreements to set up a specific legal framework giving them effective control over national legislation and regulations affecting their activities. Oil and gas companies are using Production Sharing Agreements to gain almost complete control over natural resources in the countries of the former Soviet Union and West Africa and in Iraq.
Conflict and the politics of infrastructure development
Nicholas Hildyard
Infrastructure development is the point at which many conflicts, both past and future, over resources and decision-making meet. Several projects proposed or being implemented in Turkey illustrate these points.
Towards a model for excellence: A discussion paper
Dr Susan Hawley
Enforcement of overseas corruption offences involving British companies and individuals under the UK's anti-corruption legislation is crucial to tackling corruption internationally. The current arrangements in the UK between various law enforcement agencies are not the most effective means of ensuring that these offences are investigated and prosecuted. A more pro-active enforcement regime could detect overseas corruption offences as and when they occur and could act on credible suspicions of bribery.
Kerim Yildiz, Kurdish Human Rights Project, and Nicholas Hildyard, The Corner House
Since October 2000, the UK Export Credits Guarantees Department (ECGD) has been bound by the UK Human Rights Act. But many of the ECGD's procedures potentially conflict with this Act.
Recommendations from Friends of the Earth to the ECGD
Kate Hampton, Friends of the Earth
In 2001, governments agreed that export credit agencies should support the transfer of climate-friendly technologies. Urgent institutional reform is needed if Britain is to fulfil its commitment, argues this presentation at an NGO Seminar on Export Credit Reform held in the House of Commons, London.
Global Witness
Publicly-traded companies involved in resource exploitation should be required to publish a breakdown of all payments which they make for the products of every country in which they operate.
Romilly Greenhill and Ann Petifor, Jubilee Research
Export Credit Agencies have created unsustainable debt in developing countries. Despite reforms, arms sales and other ECA-backed deals continue build up debt without contributing to development.
Ann Feltham, Campaign Against Arms Trade
Arms sales currently take up a disproportionate amount of official export credit support. The Export Credits Guarantee Department (ECGD) and other Export Credit Agencies (ECAs) should end support for military goods.
Barry Coates and Daniela Reale, World Development Movement
The UK government's Export Credits Guarantees Department (ECGD) supports British exporters. Using public money to support private businesses is only justified if it has a demonstrable public purpose.
Michael Bartlet, Religious Society of Friends
The ECGD's support for defence-related exports has lost money every year for the past 12 years. This strongly suggests that arms sales are being deliberately subsidised.
Rob Cartridge, Campaigns Director, War on Want
Protecting workers' rights is central to alleviating poverty. The UK Export Credits Guarantee Department (ECGD) should require all applicants to have policies for achieving core labour standards.
Nicholas Hildyard
Unless Export Credit Agencies (ECAs) can demonstrate a public purpose, ensured through mandatory sustainable development standards, the subsidies they provide have no legitimacy.
A Political Economy of Ethics in the Export Credit Debate
Nicholas Hildyard
“Moral dilemmas” are not unattached to political, bureaucratic, social and economic interests. They are deeply political and are products of everyday conflicts over meaning, resources and ways of living and power. Who raises a particular moral dilemma and why is thus of critical importance.
Larry Lohmann
All development projects follow a three-act dramatic plotline, as development agencies try to impose plans, meet local opposition, and improvise freely in an attempt to overcome resistance.
Dramatic U-Turn or Clever Repositioning?
Nicholas Hildyard
The package of economic reforms that the World Bank has promoted in recent years -- from privatisation of state or public services and assets to deregulation of labour and environmental laws -- has, in theory, been intended to remove the state from all but a minimal role in the national economy. The best government is considered to be the least government. Yet the practical outcome of these free-market policies has been to increase and redirect the state’s power in favour of transnational interests. Resistance to the “free market state” is growing, as is the demand that the state’s powers be used to protect the interests and rights of citizens, not corporations.
The World Bank and the Private Sector
Nicholas Hildyard
Increasingly, multilateral development banks are funding private companies to undertake projects, underwriting the investments through guarantees or providing loans direct to the companies involved. Development is effectively being “privatised”. For companies, a raft of new “corporate welfare” programmes are on offer.
Nicholas Hildyard
The rich have never been shy about praising the qualities that created their wealth. Nor are they short of convenient explanations for the poverty of others -- from “the breeding habits of the poor” to “economic mismanagement” and “protectionism”. But they have always found it difficult to explain poverty in ways that do not implicate themselves, contends this contribution to an Oxford Union debate, held at Oxford University, UK.