Taking nature seriously: can the UN Guiding Principles tame corporate profiteering?

Surya Deva*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

1 Citation (Scopus)

Abstract

Although companies have the potential to affect nature in both positive and negative ways, more often than not we see them profiteering at the cost of nature. Why is this so? This chapter examines whether the notion of sustainable development – one of the most common paradigms employed to preserve nature – is part of the problem. It is argued that sustainable development has proved to be a weak tool in taming corporate profiteering and in turn protecting the environment. We should then look for alternatives. I suggest that if we really take nature seriously, then a non-anthropocentric approach should be embraced and nature should be bestowed with autonomous rights. Doing so should allow a more equitable balancing between the needs of nature and the developmental needs of humans. Some developments already point to movement in this direction. Taking nature seriously will also require that companies have direct environmental responsibilities under international law. While a patchwork of hard and soft law envisages certain direct corporate environmental responsibilities, there has been slow progress in concretizing legally binding environmental standards for companies at the international level. To illustrate this, this chapter reviews the 2011 United Nations Guiding Principles on Business and Human Rights (GPs). Although the GPs unfortunately fail to articulate direct environmental responsibilities of companies, this omission should not be taken to mean that no such responsibilities exist or could be developed in future. In fact, a legally binding regulatory framework (including at the international level) might be critical for effectively preventing companies from profiteering in utter disregard of nature.

Original languageEnglish
Title of host publicationRule of law for nature
Subtitle of host publicationnew dimensions and ideas in environmental law
EditorsChristina Voigt
Place of PublicationCambridge, UK ; New York
PublisherCambridge University Press (CUP)
Pages312-328
Number of pages17
ISBN (Electronic)9781107337961
ISBN (Print)9781107043268
DOIs
Publication statusPublished - 2013
Externally publishedYes

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