GETTING THE LAW IN ORDER

 

The article below is the last one Polly contributed to before her death on Easter Sunday.  She left peacefully, in the company of her devoted husband Ian and close friends, with a mischievous smile on her face.

Oliver Tickell meets barrister and activist Polly Higgins.

Stop ecocide: change the law
Polly Higgins departed this physical dimension on the afternoon of Easter Sunday, at the end of an extraordinary week that saw her life’s work begin to emerge into the awareness of thousands

Polly Higgins, barrister turned environmental campaigner, is a woman with a mission, and one thing she can’t be accused of is not thinking big enough. Her aim is simple: to create a new international crime of ecocide – the mass destruction of ecosystems, air, water and climate – mirroring the existing international law against genocide, the mass destruction of a people.

But why exactly do we need an ecocide law? After all, we already have a host of international environmental laws and treaties, like the Paris Agreement on climate change, or the United Nations Convention on the Law of the Sea (UNCLOS). “All these treaties are effectively civil law among states,” explains Higgins. “If one state has a dispute with another over a breach of treaty obligations, it has to go to court and seek justice at its own expense. There is no one to enforce the law, the penalties are often feeble, and no individual can be held to account as the proceedings are purely between states.

“Take the case of fracking. In 2017, I took a road trip through North Dakota and northern Montana to see the fracked fields and communities. It was like driving into hell. Huge tracts of land are now broken up with nodding donkeys [a kind of pump], flares, pipelines, roads, trailer parks… The atmosphere is acrid with the toxic chemicals and combustion products. You can taste it in your mouth. Flaring was going on day and night. It was truly horrific. Now, those fractured communities may have some scope for civil litigation against the fracking companies. But they cannot stop the activity itself. Going to law is very expensive, if there’s a payout it is always too little, too late, and the companies may have gone bust before they ever pay. And all the time the business carries on as usual.

“So civil litigation is not fit for purpose for environmental destruction. This is what is known as ‘missing law’ – law that is obviously needed but is not there. And where you have missing law you get injustice. In the first RBS meeting after the UK government bailed the bank out, there was a press conference and the CEO was asked, ‘Why are you financing the exploitation of the Athabasca tar sands?’ And he just laughed and said, ‘It’s not a crime!’ That’s what we have to change. And we have to go for ‘superior responsibility’ – holding the senior officials, CEOs, heads of state, ministers, directors to account where there has been a reckless disregard of climate and Nature, or even deliberate misinformation. We have to go one step above civil law and make fracking a crime!” MORE

RELATED:

‘Her Work Will Live On’: Climate Movement Mourns Loss of Ecocide Campaigner Polly Higgins

 

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