Globalisation, environmental harm, and progress: the role of consensus and liability.
Two conditions are stated that must be fulfilled to make sure that the negative effects of environmental pollution and risks stemming from the spread of free markets and technology do not outweigh the beneficial effects of this development. (1) For all activities, all those who may experience the negative effects of the activities must have given their consent to the activities and the conditions under which they are performed. (2) Those who engage in activities without this consent must be held to unlimited and unconditional liability for the negative effects that the activities may cause for those who did not give their consent. These conditions are necessary principles for the responsible management of environmental harm and risks. If the conditions are not satisfied, then the belief that the global spread of free markets and technology is beneficial for all, or does not harm anyone, cannot be justified. Neither of the conditions is fulfilled at present. This is illustrated using examples drawn from international legislation regarding liability for oil transportation, energy production, genetically modified organisms and chemicals in the environment. Directions for improving existing liability legislation are identified. The relationship between the conditions and the precautionary principle is explained.
Zandvoort
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Faculty of Technology, Policy and Management, Delft University of Technology, The Netherlands. h.zandvoort@tbm.tudelft.nl
D003132:Commerce; D032921:Consensus; D003362:Cost-Benefit Analysis; D004777:Environment; D004782:Environmental Health / Q000191:economics / Q000331:legislation & jurisprudence*; D004787:Environmental Pollution / Q000331:legislation & jurisprudence; D033161:Government Regulation; D017752:Greenhouse Effect; D016365:Liability, Legal; D030781:Organisms, Genetically Modified; D018570:Risk Assessment; D035501:Uncertainty