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Environmental law and the dharmic principle

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RG_tree_om_blog_20160829The recent history of “global” approaches to the environment has shown that they began full of contradictions and misunderstandings, which have continued to proliferate under a veneer of internationalisation. To provide but a very brief roster, there was in the 1970s the “Club of Rome” reports, as well as the United Nations Conference on Human Environment in 1972 (which produced the so-called Stockholm Declaration). In 1992, the UN Conference on Environment and Development (Rio de Janeiro) was held and was pompously called the “Earth Summit,” where something called a “global community” adopted an “Agenda 21.” With very much less fanfare also in 1992 came the Convention on Biological Diversity, and signing countries were obliged to “conserve and sustainably manage their biological resources through global agreement,” an operational conundrum when said resources are national and not international.

In 2000 came the “Millennium Summit,” at which were unveiled the Millennium Development Goals, which successfully incubated the industry of international development but had almost nothing to do with the mundane practice of local development. In 2015 came the UN Sustainable Development Summit, which released a shinier, heftier, more thrillingly complex list of sustainable development goals. During the years in between, the UN Framework Convention on Climate Change and its associated satellite meetings (three or four a year) spun through every calendar year like a merry-go-round (it is 22 years old, and the very global CO2 measure for PPM, or parts per million, has crossed 400).

The visarjan (immersion) of Shri Ganesh. The idol is accompanied by huge crowds in Mumbai. Photo: All India Radio

The visarjan (immersion) of Shri Ganesh. The idol is accompanied by huge crowds in Mumbai. Photo: All India Radio

Looking back at some five decades of internationalisation as a means to some sort of sensible stock-taking of the connection between the behaviors of societies (ever more homogenous) and the effects of those behaviors upon nature and environment, I think it has been an expensive, verbose, distracting, and inconclusive engagement (but not for the bureaucratic class it sustains, and the “global development” financiers, of course). That is why I find seeking some consensus between countries and between cultures on “ecocide” is rather a nonstarter. There are many differences about meaning, as there should be if there are living cultures left amongst us.

Even before you approach such an idea (not that it should be approached as an idea that distinguishes a more “advanced” society from one apparently less so), there are other ideas, which from some points of view are more deserving of our attention, which have remained inconclusive internationally and even nationally for fifty years and more. Some of these ideas are, what is poverty, and how do we say a family is poor or not? What is economy and how can our community distinguish economic activity from other kinds of activity (and why should we in the first place)? What is “education,” and what is “progress”-and whose ideas about these things matter other than our own?

That is why even though it may be academically appealing to consider what ecocide may entail and how to deal with it, I think it will continue to be subservient to several other very pressing concerns, for very good reasons. Nonetheless, there have in the very recent past been some efforts, and some signal successes too, in the area of finding evidence and intent about a crime against nature or, from a standpoint that has nothing whatsoever to do with law and jurisprudence, against the natural order (which we ought to observe but for shabby reasons of economics, career, standard of living, etc., do not).

Clay cooking pots and decorative terracotta. A craftsman and his wares at a weekly market in Kerala.

Clay cooking pots and decorative terracotta. A craftsman and his wares at a weekly market in Kerala.

These efforts include Bolivia’s Law of the Rights of Mother Earth, whose elaborate elucidation in 2010 gave environmentalists much to cheer about. They also include the recognition by the UN Environment Programme, in incremental doses and as a carefully measured response to literally mountainous evidence, of environmental crime. This is what the UNEP now says, “A broad understanding of environmental crime includes threat finance from exploitation of natural resources such as minerals, oil, timber, charcoal, marine resources, financial crimes in natural resources, laundering, tax fraud and illegal trade in hazardous waste and chemicals, as well as the environmental impacts of illegal exploitation and extraction of natural resources.”  Quite frank, I would say, and unusually so for a UN agency.

Moreover, there is the Monsanto Tribunal, which is described as an international civil society initiative to hold Monsanto-the producer of genetically modified (GM) seed, and in many eyes the most despised corporation ever-“accountable for human rights violations, for crimes against humanity, and for ecocide.” In the tribunal’s description of its rationale, ecocide is explicitly mentioned, and the tribunal intends to follow procedures of the International Court of Justice. It is no surprise that Monsanto (together with corporations like Syngenta, Dow, Bayer, and DuPont) is the symbol of industrial agriculture whose object and methods advance any definition of ecocide, country by country.

This ecocidal corporation (whose stock is traded on all major stock markets, which couldn’t care less about the tribunal) is responsible for extinguishing entire species and causing the decline of biodiversity wherever its products are used, for the depletion of soil fertility and of water resources, and for causing an unknown (but certainly very large) number of smallholder farming families to exit farming and usually their land, therefore also exiting the locale in which bodies of traditional knowledge found expression.  Likewise, there is the group of Filipino investigators, a Commission on Human Rights, who want forty-seven corporate polluters to answer allegations of human rights abuses, with the polluters being fossil fuel and cement companies, including ExxonMobil, Chevron, and BP, and the allegations include the roles of these corporations’ products in causing both “global warming and the harm that follows.”

A 'gudi' and 'bhagwa dhvaj' hoisted by a home in Goa for Gudi Padwa, the festival which marks the beginning of the new year.

A ‘gudi’ and ‘bhagwa dhvaj’ hoisted by a home in Goa for Gudi Padwa, the festival which marks the beginning of the new year.

Such examples show that there is a fairly strong and active manifestation of the movement to recognise ecocide as a crime under international law. However, to find such manifestations, one has to look at the local level. There, the questions pertain more tangibly to the who, what, and how of the ecological or environmental transgression, and the how much of punishment becomes more readily quantifiable (we must see what forms of punishment or reparation are contained in the judgments of the Monsanto Tribunal and the Philippines Commission).

Considering such views, the problem becomes more immediate but also more of a problem-the products of industrialised, mechanised agriculture that is decontextualised from culture and community exists and are sold and bought because of the manner in which societies sustain themselves, consciously or not. It is easier to find evidence for, and easier to frame a prosecution or, the illegality of a corporation, or of an industry, than for the negligence of a community which consumes their products. So the internationalisation (or globalisation) of the idea of ecocide may take shape in a bubble of case law prose and citations from intergovernmental treaties but will be unintelligible to district administrators and councils of village elders.

My view is that searching for the concept which for the sake of semantic convenience we have called ecocide as an outcome of an “internationally agreed” idea of crime and punishment will ultimately not help us. I have such a view because of a cultural upbringing in a Hindu civilisation, of which I am a part, and in which there exists an all-embracing concept, “dharma,” that occupies the whole spectrum of moral, religious, customary, and legal rules. In this view, right conduct is required at every level (and dominates its judicial process too), with our literature on the subject being truly voluminous (including sacred texts themselves, the upanishads, various puranas, and works on dharma).

Perhaps the best known to the West from amongst this corpus is the Arthashastra of Kautilya, a remarkable legal treatise dealing with royal duties which contains a fine degree of detail about the duties of kings (which may today be read as “governance”). This treatise includes the protection of canals, lakes, and rivers; the regulation of mines (the BCE analogue of the extractive industries that plague us today); and the conservation of forests. My preference is for the subject of ecocide and its treatment to be subsumed into the cultural foundation where it is to be considered for, when compared with how my culture and others have treated the nature-human question, it becomes evident that we today are not the most competent arbiters, when considering time frames over many generations, about how to define or address such matters. The insistence on “globalising” views in fact shows why not.

(This comment has been posted at the Great Transition Initiative in reply to an essay titled ‘Against Ecocide: Legal Protection for Earth’.)

Iran’s oil, Europe’s oil imports, many threats, upward prices

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Iranian President Ahmadinejad punches the air in front of a banner of Iran's Supreme Leader Ali Khamenei during rally to mark the anniversary of Islamic Revolution in Tehran. With its threat to block the Strait of Hormuz, Iran is responding to the United States' decision to impose sanctions on financial institutions that deal with Iran's central bank. Photo: Der Spiegel / Reuters

The concern about the multi-bloc confrontation with Iran (the Islamic Republic of, to use the official name) has continued from December 2011 into January 2012. Oil prices and petroleum products markets have been affected. There have been oft-repeated and serious concerns that there could be some armed confrontation, especially involving Israel and Iran. There has also been speculation that Iran’s government would block the Strait of Hormuz, through which about a third of all crude oil shipped worldwide passes. Some of these concerns have abated in the last week, but only partially.

Now, Der Spiegel has reported that although the European Union embargo on Iranian oil will only come into effect in six months, the leadership in Tehran wants to act first: Exports to Europe are set to be halted immediately. It is a move which could mean added difficulties for struggling economies in southern Europe. The Iranian government wants to present a bill to parliament this weekend calling for an immediate halt to oil deliveries to Europe. The move, with most reports citing the Iranian news agency Mehr, has come about in response to the EU agreement to impose sanctions against Iran, which were announced earlier this week.

The sanctions banned any new contracts for buying oil from Iran, but allowed existing deals to continue until July in order to give countries time to find other sources. But that process is now at risk after the latest move from Tehran, a step the Iranian government had already threatened. “If this bill is passed, the government will be forced to stop selling oil to Europe before the actual implementation of their sanctions,” said Emad Hosseini, spokesman for the Iranian parliament’s energy commission, reportedly said. The bill is set to become law on Sunday.

An oil tanker is seen docked next to Iraq's vital al-Basra oil terminal, in Persian Gulf waters. Four decades after the 1973 oil shock, Iran and the West are once again embracing oil as a weapon. Tehran is threatening to block the Strait of Hormuz, while the industrialized countries are considering a boycott of Iranian oil. Photo: Der Spiegel / AP Photo/Kamran Jebreili

The EU sanctions allow for oil deliveries from Iran until July 1. Any pre-empting of this timescale by Tehran could prove problematic for countries like Italy, Greece and Spain, who would need to urgently find new suppliers. China, meanwhile, a major importer of Iranian oil, has also criticized the EU sanctions. The Xinhua news agency quoted the Chinese Foreign Ministry on Thursday as saying: “To blindly pressure and impose sanctions on Iran are not constructive approaches.” Many members of the EU are now heavily dependent on Iranian oil. Some 500,000 barrels arrive in Europe every day from Iran, with southern European countries consuming most of it. Greece is the most exposed, receiving a third of all its oil imports from Iran, but Italy too depends on Iran for 13 percent of its oil needs. If this source were to dry up abruptly, the economic conditions in the two struggling countries could become even worse.

Iran holds around 137 billion barrels of proven oil reserves, or nearly 10 percent of the world total, according to the BP Statistical Review of World Energy 2011. Despite sitting on the world’s second largest reserves of natural gas, Iran’s growing appetite for its own gas, combined with tightening international sanctions that have throttled its fledgling liquefied natural gas (LNG) programme, have made it a net gas importer for most of the last decade. Natural gas accounts for 54 percent of Iran’s total domestic energy consumption, while most of the remainder of energy consumption is attributable to oil, according to the U.S. Energy Information Administration (EIA).

Graphic: Der Spiegel / Reuters

The Gloria Center’s Barry Rubin has said that the claim of Israel being about to attack Iran repeatedly appears in the media (see his article, ‘Israel Isn’t Going to Attack Iran and Neither Will the United States’). “Some have criticized Israel for attacking Iran and turning the Middle East into a cauldron of turmoil (not as if the region needs any help in that department) despite the fact that it hasn’t even happened,” he said. “On the surface, of course, there is apparent evidence for such a thesis. Israel has talked about attacking Iran and, objectively, one can make a case for such an operation. Yet any serious consideration of this scenario—based on actual research and real analysis rather than what the uninformed assemble in their own heads—is this: It isn’t going to happen.”

Rubin said that the main leak from the Israeli government, by an ex-intelligence official who hates Prime Minister Benjamin Netanyahu, has been that the Israeli government already decided not to attack Iran. Israeli Defense Minister Ehud Barak has publicly denied plans for an imminent attack as have other senior government official. “Israel, like other countries, should be subject to rational analysis. Articles being written by others are being spun as saying Israel is going to attack when that’s not what they are saying.”

So why are Israelis talking about a potential attack on Iran’s nuclear facilities, Rubin has asked. Because that’s the only way Israel has to pressure Western countries to work harder on the issue, to increase sanction and diplomatic efforts, is his answer.

A satellite image of the Persian Gulf. About a third of all the crude oil shipped worldwide passes through the Strait of Hormuz between Iran and Oman. Photo: Der Spiegel / DPA / NASA / The Visible Earth

Bloomberg provided a round-up of Iran-related oil and prices news – oil declined a second day in New York as rising U.S. crude inventories countered data showing gasoline demand increased last week in the world’s largest oil consumer. Futures fell as much as 0.9 percent after dropping 0.6 percent yesterday. Crude stockpiles probably rose last week as imports rebounded, according to a Bloomberg News survey before an Energy Department report today. U.S. gasoline demand grew for a second week, MasterCard Inc. data showed yesterday. The European Union embargo on Iranian oil supplies will “bear bitter fruit,” Iran’s Foreign Affairs Ministry said this week.

Ria Novosti, the Russian news agtency, quoting a CNN report, said the United States will use all available options to prevent Iran from getting a nuclear weapon, President Barack Obama said in his State of the Union address on Tuesday. “Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal,” Obama said.

The New York Times reported that as the Obama administration and its European allies toughened economic sanctions against Iran on Monday — blocking its access to the world financial system and undermining its critical oil and gas industry — officials on both sides of the Atlantic acknowledge that their last-ditch effort has only a limited chance of persuading Tehran to abandon what the West fears is its pursuit of nuclear weapons. “That leaves open this critical question: And then what?”

Fox Business has reported that the International Monetary Fund warned on Wednesday that global crude prices could rise as much as 30 percent if Iran halts oil exports as a result of U.S. and European Union sanctions. If Iran halts exports to countries without offsets from other sources it would likely trigger an “initial” oil price jump of 20 to 30 percent, or about $20 to $30 a barrel, the IMF said in its first public comment on a possible Iranian oil supply disruption.

Graphic: Der Spiegel / Reuters

Impacts on refining in Europe was reported by Bloomberg – the European Union’s embargo on Iranian oil threatens to accelerate refinery closures in Europe, the head of Italy’s refiners’ lobby said. “Asian countries not applying the embargo could buy the Iranian oil at a discount and sell cheap refined products back to us,” Piero De Simone, general manager of Unione Petrolifera, said in an interview in Rome. “Italy already risks the closure of five refineries and at a European level we’re talking about 70 possible shut downs.”

Brinksmanship over Iran’s threat to close the Strait of Hormuz sparked a rally in oil prices at the end of last year, The National of UAE reported, with sabre-rattling by Iran and the US sending the price of Brent crude futures to highs of US$111.11 per barrel. Saudi Arabia looks set to benefit from sanctions against Iran as the kingdom is one of the few oil producers with capacity to make up any shortfall they will cause. Meanwhile India’s oil minister said Wednesday the energy-hungry nation was continuing to import oil from Iran and was not bound by new sanctions imposed by the European Union.

Reuters provided a factbox about Iran’s oil exports as OPEC’s second largest producer. Iran sells large volumes of oil to China, India, South Korea, Japan and Italy. But Greece, Turkey, South Africa and Sri Lanka rely most heavily on Iranian oil as a percentage of imports. Sri Lanka imported 39,000 bpd in the first half of the year, IEA data shows. It is completely reliant on Iranian oil.

EU figures show imports of Iranian crude were up more than 7% in the third quarter of 2011 compared to the second quarter. The EU says it imported about 700,000 bpd of Iranian crude oil in the third quarter of 2011, compared to about 655,000 bpd in the second quarter.

The European Union agreed on Jan. 23 to ban Iranian oil imports, but the embargo will not be fully implemented until July 1, to avoid harming economies to whom Iran has been a major supplier. The EU move follows new financial sanctions signed into law by U.S. President Barack Obama on Dec. 31, which aim to make it difficult for countries to buy Iranian oil in an attempt to discourage Tehran’s nuclear programme.

Iran produces about 3.5 million barrels per day (bpd) of crude with another 500,000 bpd of condensate – light hydrocarbon liquids. Iran exports about 2.6 million bpd, of which about 50,000 bpd is refined products, the International Energy Agency (IEA) estimates. The top 10 buyers of Iranian crude last year were as follows:

An Iranian oil technician makes his way at the oil separator facilities in Azadegan oil field, near Ahvaz, Iran. Photo: Der Spiegel / AP Photo/Vahid Salemi

Country – Imports (bpd) – % Imports
1. China – 543,000 – 10
2. India – 341,000 – 11
3. Japan – 251,000 – 5.9
4. Italy – 204,000 – 13.2
5. South Korea – 239,000 – 7.4
6. Turkey – 217,000 – 30.6
7. Spain – 170,000 – 16.2
8. Greece – 158,000 – 53.1
9. S.Africa – 98,000 – 25
10.France – 75,000 – 6.0

[Figures for EU countries are from the bloc’s Eurostat office and are for the third quarter. Figures for other OECD countries are from the IEA and for the second quarter. Figures for China, India and South Africa are for the first half of 2011 from the U.S. Energy Information Administration (EIA).]