3.11.2008

"If we fail to ask why this is so, all of our tactics and strategies will not address the fundamental problems..."

Yeah it's long, but just read it already - you'll be glad you did....
2007 The American Business Law Association, Inc. American Business Law Journal
Summer, 2007
44 Am. Bus. L.J. 237
COMMENTARY: Corporate Citizenship and Trustworthy Capitalism: Cocreating a More Peaceful Planet NAME: Don Mayer
I. INTRODUCTION
The natural environment is under stress as never before, n3 with consequent problems for businesses large and small. Businesses face social and political [*238] disruptions on almost every continent; environmental degradation and reliance on extractive industries (timber, diamonds, oil, and gas) n4 have contributed to rising numbers of displaced people. Fossil-fuel emissions--by inducing climate change--are likely to bring a time of flooded coastlines, rapid erosion of productive soil, reduced fresh water supplies, erratic agricultural yields, [*239] and emerging new diseases. n5 Environmental refugees alone could create unprecedented challenges to social order and stable societies. n6 Conflict in the Middle East is as much over oil supplies as ideology, n7 and the negative environmental effects of militarization generally are all too evident. n8

[*240] As Part II of this article will show, standard reassurances about technology, corporate resourcefulness, and the resiliency of the free market are not adequate to address the problems we now face. The business community--together with citizens, nongovernment organizations (NGOs), and governments themselves--must quickly grasp the unique salience of our historical situation and embrace corporate environmental citizenship. If a more peaceful planet is the goal, then business must be part of the solution. The AACSB n9 and various business schools have begun to emphasize the potential of commerce for promoting peace. Much of the current emphasis is on the peace dividend from nations that have mutual trading relations or on the entrepreneurial skills that can lift nations out of poverty. n10

But trading relations and economic development are seriously at risk in a world beset by warming and erratic climate conditions, environmental refugees, and war over economic resources. How can corporations claim a role of conscience and citizenship at a time when environmental threats to trading and commerce are legion?

There are ways, but only if we are open to new paradigms and possibilities. It may help to talk about the parameters of peace. Peace means more than the absence of armed conflict; it also means the prevailing ethos of cooperation and nonviolence. n11 Peace is more akin to balance and harmony, not only among the various parts of an organization, but between the organization and its political, cultural, and ecological environment. In the immediate aftermath of September 11, 2001, Rabbi Michael Lerner [*241] wrote that the world has become out of touch with itself and is tipping irrevocably toward conflict.

We may tell ourselves that the current violence has "nothing to do" with the way that we've learned to close our ears when told that one out of every three people on this planet does not have enough food, and that one billion are literally starving. We may reassure ourselves that the hoarding of the world's resources by the richest society in world history, and our frantic attempts to accelerate globalization, with all its attendant inequalities of wealth, has nothing to do with the resentment that others feel toward us... if the U.S. turns its back on global agreements to preserve the environment, unilaterally cancels its treaties to not build a missile defense, accelerates the process by which a global economy has made some people in the third world richer but many poorer, shows that it cares nothing for the fate of refugees who have been homeless for decades, and otherwise turns its back on ethical norms, it becomes far easier for the haters and the fundamentalists to recruit people who are willing to kill themselves in strikes against what they perceive to be an evil American empire represented by the Pentagon and the World Trade Center. n12

Rabbi Lerner's words may strike some readers as the needless hand wringing of a bleeding-heart liberal, not nearly hard-headed or realistic enough. But even if citizens of the United States have stopped asking "why do they hate us?" and have turned toward supporting preemptive military attacks as a primary strategy in the war on terror, n13 we would be wise to acknowledge that free trade and globalization are not universally welcomed and that the world seems out of balance, both socially and environmentally. If we fail to ask why this is so, all of our tactics and strategies will not address the fundamental problems that tend to put us at odds with nature and each other. n14

[*242] This article considers the ways in which corporations can work either for or against achieving more peaceful, sustainable societies on Earth. It begins with a vision that explicitly rejects the notion that any of us-- citizens, immigrants, corporations, NGOs, political leaders, scholars, bloggers, journalists--can live meaningful and satisfactory lives as separate individuals or groups.

We are all connected. People, institutions, and corporations all need to embrace a worldview that turns away from forms of thought marked by domination, empire, force, and fear. An alternative vision--nonlinear, holistic, systems thinking--embraces the kind of locally empowered social networks that David Korten commends for the needs of the twenty-first century. n15 Near the title page of his new book, The Great Turning, Korten quotes the preamble of The Earth Charter:

[*243] We stand at a critical moment in Earth's history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of cultures and life forms we are one human family and one Earth community with a common destiny. We must join together to bring forth a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace. Toward this end, it is imperative that we, the peoples of Earth, declare our responsibility to one another, to the greater community of life, and to future generations.
n16

The Earth Charter's vision calls for a greater commitment to corporate environmental citizenship. Corporations are such a central and visible fact of global commerce in twenty-first-century life that a "sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace" requires the transformation of corporations from purely rent-seeking behaviors to a greater sense of citizenship. n17

In accord with the Earth Charter, then, I submit the following directions for the kind of corporate environmental citizenship that can help co-create a more peaceful planet. Corporate environmental citizenship for sustainable grace recognizes the power of corporations to influence the rules of the game. It demonstrates restraint in what it says to the public and what it asks from the public sector. It understands that governments and corporations can be self-dealing; that bureaucratic systems need constant monitoring, transparency, and accountability; and that corporations can align themselves with -- or oppose--governmental wrongdoing. Corporate environmental citizenship also recognizes the need for private enterprise to seek systems and policies locally, nationally, and internationally [*244] that embrace gender equality, diversity, procedural rights, voice, and soft power. It recognizes the need for private enterprise to reject policies that perpetuate roles of dominance--internally or externally--through exploitation, empire building, and the maintenance of us-versus-then illusions. Finally, corporate environmental citizenship for sustainable peace promotes a trustworthy form of capitalism by embracing the eco-metaphor of living systems and community in its internal and external relations.

As in all positive change, we must begin with awareness. Readers who approach war, peace, and business from a traditional mindset may reject my prescriptions out of hand. However, Part II will help to clear our vision and tell us where we really are by describing a set of mistaken mental frameworks that most people bring to the question of how business enterprises (or commerce) can contribute to making the planet a more peaceful place.

This article has three aims. The first is to make clear that--contrary to prevailing mindsets--corporations do have an important role to play in moving themselves, nation-states, and citizens toward a more peaceful planet using what I call corporate environmental citizenship. Part II also includes the second aim of this article, which is to provide examples and categories of dubious corporate environmental citizenship that detract from peace building. n18 The third aim is to provide positive examples of corporate environmental citizenship; this is done in Part III. n19 Some of these corporate exemplars will be controversial; companies that have just begun their path toward environmental citizenship are not beyond criticism--but in making a turn toward more enlightened practices, there is hope that peace through commerce can be more than an empty, hopeful phrase. II. PEACE AND CORPORATE CITIZENSHIP, AND CITIZENSHIP DENIED We cannot progress to peace through commerce without forsaking some comfortable yet erroneous concepts about war, peace, government, the [*245] free market, and the social responsibilities of business. There are five widely accepted but mistaken mental frameworks. Although they pass as conventional wisdom in the United States, they need to be addressed and set aside before we can see clearly the kind of corporate citizenship our times require.

The five mistaken mental frameworks are: (1) corporations do not make war--governments do; (2) corporations are effectively governed or restrained from antisocial actions by the public sector and are subject to rules of the game set by public authority; (3) America stands as a beacon of liberty and democracy, a peaceful republic that promotes freedom and free trade as a way to bring other nations into the fold of peaceful, trading nations; (4) American free enterprise and corporate governance are the best available models of corporate efficiency and optimization of human and natural resources; and (5) the modern corporation maintains a social contract with societies in which they operate, providing jobs, products, and progress.

Much of the above is no longer true. The vision of American businesses spreading the light of peace and prosperity and free trade throughout the world is at best a partial truth. There are exceptional businesses, some of them American, whose actions abroad create respect for the rule of law; respect for the environment; and fairness for employees of differing ethnicity, race, and gender and who refuse to bribe corrupt public officials. n20 Still, more than a few corporations are engaged in the kinds of activities that contribute to global warming and lobby against regulatory solutions of any kind; n21 others are profiting handsomely in the projection [*246] of American military power n22 and may also do business with regimes that sponsor terrorism. n23 Further, America's addiction to oil consumption--by far the most conspicuous in the world--is supported by a foreign policy that has recently been described as "imperial." n24 The new great game for Central Asian oil is on, n25 and military ventures to win that game are likely to cause considerable ecological damage domestically and [*247] globally. n26 Moreover, the waste and fraud that is attendant on this use of taxpayer resources no longer seems subject to democratic controls. n27 Some observers have begun to wonder whether the United States is tending toward a kind of crony capitalism that breeds fraud, waste, secrecy, and deceit rather than the kind of open and competitive capitalism that economics texts celebrate. n28 A. Governments--Not Corporations--Make War The familiar saying that "war is good for business" certainly holds true for some businesses. P.W. Singer shows how U.S. corporations are now vital subcontractors in the outsourcing of war from the public sector. n29 The military-industrial complex n30 and the growth in exports from the arms [*248] industry in the United States and Europe have proven quite profitable for some businesses. While some corporations may find lucrative opportunities in war and conflict, others may be tempted to encourage conflict as a normal course of business. To aid commercial interests, U.S. foreign policy has often made use of covert action and military force, becoming economized over successive administrations, whether Republican or Democrat. n31

Corporations may also actively collaborate with regimes that are oppressive, antidemocratic, and militarily aggressive. n32 Some U.S. and European multinational enterprises (MNEs) have been criticized over the past fifteen years for allying themselves with military regimes in foreign lands. In Nigeria, for example, Shell and Chevron have allegedly encouraged or allowed the local military to harass and even kill local people who protest environmental and other problems that the companies have caused. n33 Activists criticized Dow in the 1960s for providing napalm to the U.S. military, just as Halliburton is criticized today for its no-bid contracts in a war that many consider to be unjust. n34 Corporate [*249] moral agnosticism is fairly normal in this regard. n35 When sanctions were put on so-called rogue nations (Libya and Iraq in the 1990s), U.S. and European Union (EU) sanctions were not altogether effective in preventing U.S. and EU companies from profiting by dealing with these and other nations who resisted the rule of law. Even now, Chinese and Russian commercial interests threaten to veto any harsh United Nations sanctions against Iran for developing its capacity to make nuclear bombs. n36

[*250] The extent of the capture of public policy by private interests has apparently increased during the Bush II administration. One example is the Carlyle Group, a group of fourteen investment funds that leads all other private equity funds in annual returns. Its modus operandi is to use former government officials for their access to government bureaucracies to get government contracts, especially in defense procurement. n37 Chalmers Johnson has said, "[W]e're really talking about a systematic merging of the private and public sectors to the point where the distinctions get lost." n38 While Carlyle's activities are legal, they raise legitimate questions about the confusion of private interests and public expenditures and policies.

[*251] The extraordinary degree to which public and private sectors are merging has been evident in no-bid contracts for Iraq, the activities of Halliburton, and -- according to Kevin Phillips in American Dynasty--in the public and private lives of the Bush family. It is tempting to dismiss Phillips' indictment of the Bush family as blatantly political, but the pattern of three generations of Bush men using political office for private gain is well documented and disturbing. n39 If both Bush I and Bush II are oil men, then it seems fair to assume that the search for oil as profit shaped their perspectives, and it should not be surprising that oil companies would use political access to help forge critical U.S. energy policies. n40 U.S. foreign policy and national security are inextricably linked to the primacy of oil supplies and oil companies. n41 Yet continuing down the fossil-fuel energy path seriously undermines the environment and the future security of global capitalism.

European and U.S. dependence on oil--and the predicted rise of Chinese and Indian dependence on fossil fuels--is the macro-economic story of our time and the biggest resource struggle of all. The still-growing use of oil and fossil fuels poses dangers to a stable global environment and thus to a predictable social and natural environment for doing business. U.S. foreign policies encouraged by the business sector--oriented toward ensuring supplies of oil--provide the perfect recipe for global conflict and global ecological degradation. Should wise hearts and minds in commerce continue to buy this prescription? Is the great game n42 so compelling that we simply must play it? In summary, corporations may not declare war, as nations do, but many now act as subcontractors, collaborators, or indirect participants in ongoing acts of violence, oppression, or war. [*252] B. Corporations Just Follow the Rules of the Game Another mental framework that does not fit with current reality is that corporations are effectively governed or restrained from antisocial actions by the public sector and are subject to rules of the game set by public authority. Consider Milton Friedman's guidance on corporate social responsibility, n43 which assumes that profit maximization takes place within a set of meaningful rules and boundaries set by public governance. Using this model, some business ethicists have suggested that manufacturers have a duty to obey whatever laws Congress or international institutions prescribe and to not resist the public control of private enterprise. n44 The idea is that, by obeying these rules, corporations fulfill their basic social responsibilities.

The current reality, however, is that corporations may (singly or in concert with others): (1) work to undermine policy making by misleading the public, (2) avoid accountability under the rule of law, and (3) lobby for new or continued subsidies and anticompetitive advantages from politicians. 1. Misleading the Public The self-interest of corporations is evident by their use of media to mislead the public on one of the most critical issues of our time--global warming. Weaning the Western world away from oil dependence could significantly enhance the cause of development, democracy, and stable natural environments, all of which would aid the cause of peace. n45 Yet nonprofit front organizations, with support from ExxonMobil and Western coal interests, have been engaged in a "campaign of deception and disinformation." n46 The general strategy is to cast doubt on the science of global warming and to cast any regulatory schemes as unworkable, too expensive, or unfair to the United States. n47

[*253] The Global Climate Coalition (GCC) n48 was one of several industry-backed organizations whose primary goal was to create an impression through the media that the impact of human-induced greenhouse gases (GHGs) on the global climate actually divided the scientific community. The secondary goal was to inject the belief that the benefits of any mandatory caps on GHG emissions--nationally or globally--would be drastically outweighed by unacceptable economic costs. As we will see in Part III, many corporations in the automotive and energy sectors have backed away from the GCC; even today, however, ExxonMobil continues to promote the idea that there is genuine doubt about the science of global warming. n49 2. Avoiding Accountability Through Attorneys Attorneys in the United States have been trained in the adversarial method of argument and litigation. The justification seems plausible enough; through verbal combat, two opposing sides begin a paper war and clash in the courtroom, where rules, witnesses, and evidence are offered and tested, until a judge (with or without a jury) determines who will prevail. For attorneys representing corporations before regulatory agencies, in a courtroom or as lobbyists in governmental relations, the adversarial mindset has already become second nature; this second nature, coupled with corporate conceptions about how freedom and free markets celebrate tough competition, combine to justify an adversarial approach in courts and before regulatory bodies.

Thus, a time-honored corporate strategy of avoiding accountability for environmental damage is to use law to defeat otherwise valid claims from citizens and government. Those familiar with Jonathan Hair's award-winning book, A Civil Action, n50 will not be surprised that [*254] W.R. Grace is alleged to have continued its polluting ways in Libby, Montana. n51 W.R. Grace has denied doing any harm in either Woburn, Massachusetts or in Montana. n52 Despite these denials, the U.S. [*255] government has nonetheless indicted Grace for covering up information about its Libby operations. n53

In Part III, General Electric (GE) under Jeff Immelt will be noted as a corporate exemplar. But under the leadership of Reg Jones and Jack Welch, tough-minded lawyering was used to oppose the cleanup of polychlorinated biphenyls (PGBs) from the Hudson River. n54 GE reportedly threatened New York public officials with the loss of its facilities n55 and used lawyers to oppose all regulatory and judicial efforts to require removal of the PGBs. n56

In the late 1980s and 1990s, GE began an aggressive public relations campaign to convince the public that PGBs were not all that harmful. One brochure written by M. Peter Lanahan, hired by Welch, made the claim that PGBs are not dangerous, citing as evidence two statements from scientists at the Institute for Health Policy Analysis, a pro-business think tank in Washington that GE sponsored (its financial support of the institute was not disclosed in the brochure). GE also published a quarterly newsletter called River Watch, which minimized the dangers of PCBs and could have given readers the impression that it was a publication sanctioned and authored by the Environmental Protection Agency (EPA).

[*256] O'Boyle provides a glimpse of GE's legal strategy with regard to regulatory agencies that embodies a take-no-prisoners attitude.

The company has sought to ply its influence in other ways, some subtle and some not. One of the simplest ways is to swarm the regulatory process by keeping regulators tied up. The protracted controversy over the Hudson has generated hundreds of public hearings. Lanahan and his cohorts understand intimately how government functions, and they also understand how to stall and delay governmental procedures. That is why Welch hired them, many believed. GE used the hearings to deluge the government with commentary, which in turn requires the EPA to spend months responding to what GE has said. Two years after the EPA began the reassessment of the Hudson River in 1989, the agency issued its Phase One report; GE's response to the report was more than 600 pages long, longer than the EPA document. n57

In December 2000, the EPA ordered GE to spend $ 490 million to clean up the Hudson by dredging 2.65 million cubic yards of mud containing 100,000 lbs of PCBs from a 40-mile stretch of the river. GE described the cleanup proposal as "absurd" and "outrageous" and vowed to fight the plan in every way it could.

Clearly, much of GE's legal, political, and public relations strategy trades on scientific uncertainty. But like trichlorethelyne and per-clorethelyne in Woburn, or like asbestos in Libby, Montana, almost every environmental issue of consequence involves some degree of debate over the risks or uncertainties of different human activities. How much human-generated GHGs can be absorbed by the oceans and biosphere without endangering human life and habitation? Are other emissions such as methane more of a threat? All of these are reasonable questions, but the corporate approach to them can be with advocacy or with a commitment to finding answers and optimal solutions. To read Harr's account of W.R. Grace in A Civil Action is to see a company in fully funded defensive advocacy, trying to protect shareholder assets through outstanding lawyering. n58 But good lawyering did not lead to learning: the costly lessons of corporate pollution [*257] in Woburn did not prevent Grace from making even more costly mistakes later on in Libby, Montana. n59 3. Private Interests, Public Policy, and the Market One of the ways that corporations challenge government interventions is to claim that the market should decide. Americans believe in the efficacy and fairness of the free market. n60 But a growing body of evidence suggests that public interests and private interests have become permanently entangled; this contradicts the common understanding of a free market where individuals and corporations compete, innovate, and prosper without government involvement. n61

For instance, crony capitalism may have helped to perpetuate the fossil-fuel economy in the Energy Policy Act of 2005. n62 While renewable energy made some inroads, the bill, as signed by President Bush, was largely fossil-fuel business as usual, with increased possibilities for renewing the nuclear power industry. n63 Those with a focused agenda and money to pursue it seem to have done quite well in the process. n64 Those who [*258] followed the controversy over Vice-President Cheney's National Energy Policy Development Group (NEPDG) will recall that the Administration refused to provide the names and affiliations of industry parties who attended and that the Sierra Club and Judicial Watch brought a lawsuit after the General Accounting Office was unable to obtain the names of nonfederal attendees. n65 But fairly reliable inferences can be made that energy industry members assisted in the shaping of a pro-industry policy and that included continuing subsidies and exemptions for fossil-fuel interests. n66

[*259] Identifying domestic subsidies and exemptions was not the sole focus of the NEPDG; Judicial Watch's request for documents in its case against Vice-President Cheney yielded maps of Middle Eastern oil fields and lists of companies competing lor Saddam Hussein's oil. n67 Such a focus for the NEPDG is consistent with U.S. energy policies that have emphasized growth in supply, resisted cutbacks in consumption, and relatively little importance assigned to renewable resources and conservation.

The NPDEG task force and subsequent energy bill, together with U.S. military interventions in the Middle East, with strong involvement by politically connected contractors, undermine the image of the United States as promoting peace and democracy and reinforce the [*260] impression that its consumption patterns require military responses." n68 These developments model an open, competitive capitalism; rather, they suggest that enough cronyism has taken root that private interests are supplanting the public good. n69 In sum, the conventional paradigm of corporate compliance with public-minded laws and regulations needs to account for aggressive corporate public relations to manage the legal environment, n70 the use of lawyers to avoid accountability to the public, n71 and corporate access to policy makers that promotes private interests as the public interest. n72 C. Free Trade, Global Exchange, and the Spread of Peace and Democracy? Under the conventional mindset, America is a beacon of democracy, and its promotion of free trade brings numerous nation-states into the fold of peaceful trading nations. n73 A compelling alternative view--more often articulated outside of the United States--is that the United States is a consumer nation, requiring massive material inputs and energy to maintain a standard of living that is not sustainable from an ecological perspective. n74

[*261] Historically, the United States has used armed force on numerous occasions in the twentieth century to defend its interests. Stephen Kinzer writes that the invasion of Iraq in 2003 was not an isolated episode, but was instead the culmination of a 110-year period during which Americans overthrew fourteen governments that displeased them for various ideological, political, and economic reasons. n75 In Central and Latin America, these include Honduras, Guatemala, Panama, Puerto Rico, Cuba, and Chile.

Chalmers Johnson points out that the United States now maintains over 725 military bases worldwide, in every continent but Antarctica. n76 The United States did not begin as an empire, but the Cold War gave new functions to the bases created for strategic purposes during World War II. Gradually, the armed forces began to be privatized and professionalized, n77 and we now live with the military-industrial establishment that President Dwight D. Eisenhower warned about. n78 Moreover, the peace dividend from the fall of the U.S.S.R. never quite materialized and, after 9/11, is not likely to. America has seemingly assumed a permanent military posture, with defense budgets that are secret and partially impervious to democratic oversight. n79 In all of this, many Americans may not realize the extent to which regime change and the protection of the U.S. economy through diplomacy, covert operations, and force of arms has been business as usual for quite some time. n80

The principal public business remains oil resources and the war on terror. The two are interlinked. The post-9/11 presidential rhetoric of [*262] democracy and freedom fades as the exigencies of the war on terror (currently the war on Islamofascism n81) makes allies of nondemocratic regimes for bases and other coordinated activities.

Moreover, in the competition for Central Asian oil, the United States faces an emerging superpower (China) intent on making deals with aggressive and authoritarian oil-rich nations. n82 The so-called new great game in Central Asia for access to oil will pit the United States against China, and it has already become the stuff of geopolitical strategies and spy thrillers. n83 The post-Mao "Who lost China" n84 question among U.S. armchair strategists will quickly morph into a question of how we lost the Central Asian oil that (implicitly) rightfully belongs to the United State.

The conflict between resource consumption and preservation of human rights is evident in the Sudan. In 2001, Talisman Energy of Canada had a twenty-five-percent stake in Sudan's Greater Nile Petroleum Operating Company (GNPOC). China National Petroleum Corporation had forty percent, the Malaysia state-owned Petronas had thirty percent, and the Sudanese state oil company had the remaining five [*263] percent. n85 Yet human rights activists were putting pressure on Talisman Energy to stop doing business with Sudan's government, which was allegedly taking oil royalties and using them to crush Christian and Animist rebels in the south of Sudan. Talisman's chief executive officer, James Buckee, told a conference on corprorate social responsibility that Talisman was building schools and hospitals in Sudan and urging the government to share oil revenues more widely. n86 If Talisman sold its interest in GNPOC, he warned, its place would be taken by others less enthusiastic: about social responsibility. Talisman did leave, and Mr. Buckee may have been correct: China has now invested more than $ 8 billion in Sudan's oil industry, which now supplies seven percent of its oil. n87 Some 4,000 nonuniformed Chinese forces provide physical protection of these resources. In 2005, Beijing diluted a tough United Nations Security Council resolution condemning Sudan's role in the violence in western Darfur province, thereby blunting U.S. efforts to use the threat of international sanctions against Sudan's oil industry to rein in its human rights abuses. n88

Thus, there are realistic limits on the Bush administration's pro-democracy initiatives. But is it inevitable that the U.S. government enter into competition for resources by making deals with assertive, nondemocratic, and newly empowered petro-states? Competition for resources can trump human rights as well as environmental concerns. It can even, indirectly, assist in genocide, as in Darfur. If economic concerns are inevitably paramount, then other concerns must take a back seat.

The coming resource wars that Michael Klare warns of should make us mindful that positive peace--not just the absence of armed conflict will not be easily secured. n89 Historically, the big wars, like World War II, [*264] have also been linked to national needs for resources. The Japanese attack on Pearl Harbor had its origins, at least in part, in a decision by the United States to limit oil exports in response to the Japanese invasion of China. n90 Even if the new great game does not lead directly to surrogate wars with the Chinese (along with surrogate wars against Iran), the desire to maintain U.S. and European access to oil resources is woefully expensive. Cass Sunstein has already noted the irony that the cost of the Iraq war will soon exceed the anticipated cost of the Kyoto Protocol; for both, the cost is somewhere in excess of $ 300 billion. n91

Aside from the history of big wars and other armed conflicts over resources, there are systemic difficulties in an oil-driven global economy for fostering peaceful societies willing to cooperate with one another and foster a global rule of law. Thomas Friedman has theorized that there is an inverse relationship between democracy and nations having great oil wealth. n92 In Friedman's view, if democracy and peace are linked, then national security policy requires a sustained commitment to finding alternatives to oil. As Friedman notes, "any American democracy-promotion strategy that does not also include a credible and sustainable strategy for finding alternatives to oil and bringing down the price of crude is utterly meaningless and doomed to fail." n93 Friedman concludes that altering our energy consumption patterns to bring down the price of oil is "no longer simply a hobby for high-minded environmentalists or some personal virtue. It is now a national security imperative." n94

[*265] Yet many U.S. corporations have willingly subscribed to a national domestic energy policy that continues established patterns of oil consumption and looks to increase supply rather than decrease demand. U.S. automakers set a pattern of consumption in the 1990s with SUVs, opposition to electric vehicles, or higher CAFE standards n95 that make them less competitive today. Some auto and oil companies joined together to deliberately misinform the public about the realities of GHG emissions and global climate change. n96 For some U.S. companies, reality politics may seem to require a continuing commitment to accessing Middle East oil and regards China as a strategic competitor.

Setting aside rhetoric about global free trade and the spread of peace-loving, democratic nations, we can see that the United States is not always seen elsewhere as a peace-loving democracy intent on spreading freedom, self-determination, and the rule of law. Rather, the United States may be blind to the full implications of its consumptive fossil-fuel appetites and its ambitions to secure economic goods (especially oil) from anywhere in the world. n97 Corporations that collaborate in that consumptive agenda do not contribute to building a stable network of peaceful, trading nations. D. Efficient Corporations and Markets? Conventional wisdom tells us that free markets and private enterprise bring about the greatest good through optimally efficient use of resources. The reality is that corporations can be as bureaucratic as any government agency with new efficiencies and innovations being strangled within the organization. n98 Corporate initiatives to conserve energy and materials and to invest in cost-effective and eco-friendly products and efficiencies are not a given for many organizations; while there are some emerging corporate exemplars that will be discussed in Part III, they are exceptional. On a [*266] more basic level, claims that the free market creates greater wealth and well-being globally will invariably rely on Gross Domestic Product (GDP) numbers that systematically exclude the accelerating draw-down of natural capital.

What is natural capital? Natural capital is breathable air, drinkable water, fertile soil, wetlands and coastal dunes that mediate storm surges, aquifers that provide a source for irrigating otherwise unproductive land, rivers and lakes that provide recreation and fishing, and oceans that have provided sustenance and a way of life for people over the centuries. In our economic calculations of how we are doing in terms of wealth creation, the now-accelerating diminution of natural capital has been left out of the equation. Because the market paradigm recognizes only priced exchanges, it cannot compute other conditions about life, health, or happiness. Thus, while we are--by standard economic measures--getting richer, the natural environment that we bequeath to successive generations is getting poorer. n99

The well-documented evidence includes a 1,000-tinies-normal rate of species extinction, intensifying pollution of the air and water, collapse of fisheries and forest stocks across continents, increasing climate destabilization, and irreversible depletion of nonrenewable subsoil assets and energy sources. n100 The surge in drawing down natural capital is a looming hazard to human life and continuing commerce, but is currently not computed in market accountings or for national GDPs. n101

Economists recognize that the market allocates resources and distributes wealth among participants. While agreeing with this, Douglas Kysar also documents the recent emergence of the concept of scale from ecological economists such as Robert Costanza, Herman Daly, and Kenneth Boulding (whose classic essay on "Spaceship Earth" n102 challenged prevailing macroeconomic assumptions). According to Kysar,

[*267] Ecological economists argue that a third function served by the market has been overlooked by conventional analysis: moderation of the scale of human economic activity vis-a-vis the ecological superstructure upon which all life and activity depends (scale). While allocation determines the purposes for which resources are used, scale determines the rate and amounts of resources that are used. n103
Boulding noted that mainstream economists viewed the economy as an open system of pure exchange value with externalized environmental consequences, yet their view failed to note that the scale of externalities was becoming massive and on a public scale. He summarized the mainstream perspective as "cowboy economics," in which natural frontiers are seen as limitless, resources as inexhaustible, and wastes as innocuous. n104 Given the assumptions of an open system with infinite reservoirs of natural capital and no limits on the effluvia that can be left behind, infinite growth is an entirely rational and uncontroversial goal. Yet, in fact, the earth is a closed system, which requires that consideration be given to the stock of natural resources and the undesirable byproducts of certain kinds of production and consumption.

On a spaceship, you can not ignore the byproducts of production and consumption, and you must, of necessity, pay attention to the stock of resources that you carried on board. Likewise on "Spaceship Earth," humans must be concerned with the capacity of the global vehicle to support their needs and accommodate their wastes. "The essential measure of the success of the economy is not production and consumption at all, but the nature, extent, quality, and complexity of the total capital stock, including in this the state of the human bodies and minds included in the system." n105

Should we simply let posterity worry about Spaceship Earth? Boulding seems to think we humans have enough "ethical myopia" to do just that. But doing so fails to meet the moral challenge of our time, whether as individuals, corporations, or nations. Nonetheless, mainstream economics does not (according to Kysar) pay particular attention to Boulding's ideas. Along with mainstream economics, we prefer to live for today, defining progress in standard economic terms of growing [*268] GDP. n106 In short, we are only being efficient in narrow terms, without reference to our larger environmental context. Corporate citizenship requires the encouragement of and support for laws and regulations (domestically and internationally) that encourage the kinds of efficiencies that are sustainable over time and sustainable in all nations and regions. E. Corporations and Social Progress? Like a nation's economy, if a corporation is growing in terms of gross income and net profits, neither owners nor managers will question too closely the sources of its economic health or worry too much about environmental troubles left in its wake. Progress in this sense excludes any notions of social progress or sustainability. The simplest model of corporate governance is that of an entity which has legal rights and standing, is owned by the shareholders, and has one primary function. It is the model traditionally offered in business schools in the United States, where maximizing shareholder wealth is the alpha and omega of corporate social responsibility. Stakeholder theory posits a more complex set of relationships, while social contract theory would place corporations in the midst of communities, with moral duties that may transcend profit motives alone. n107

[*269] Some commentators have reminded us that the first corporations were chartered explicitly to serve some perceived public good" n108 or that, even when corporations were chartered for any lawful purpose there was an implicit social contract, that is, that in return for limited liability and perpetual duration, corporations provided progress through jobs, innovative products and services, and even social stability for the nation. As Robert Reich pointed out in 1988, n109 General Motors Chairman Charlie Wilson's famous 1950s dictum ("What's good for GM is good for America.") was a fair statement of the social contract between business and society at that time.

The current globalized reality is radically different. A number of articles in the 1980s celebrated "stateless corporations, n110 and many leaders of MNEs have tried to delink their corporations from any national brand identity. However, nation-states have more difficulty regulating and taxing the denationalized MNE. In a largely unregulated global order, smaller nation-states can serve as offshore havens for private money--keeping it beyond the purview of public authorities in developed nations. Thus, the global system can have unrestricted financial flows, which sounds good, but the unrestricted flows can also be secret flows, unaccountable to any public authority.

In his book, Illicit, Moises Naim shows that illicit trade has soared during the past twenty years. Illicit trade "breaks the rules--the laws, regulations, licenses, taxes, embargos, and all the procedures that nations [*270] employ to organize commerce, protect their citizens, and enforce moral codes. n111 The list includes illegal drugs, endangered species, human chattel for sex slavery and sweatshops, human cadavers, live organs for transplant, rocket-propelled grenades, surface-to-air missiles, and "centrifuges and precursor chemicals used in nuclear weapons development." n112 The amount of worldwide crime has soared, creating economic power that has political weight. n113 Piracy, slavery, the global drug trade, the business of smuggling illegal immigrants, intellectual property pirates, money laundering, and tax evasion are increasing largely because of technological advances, but also because nation-states are having a hard time keeping up. n114

In The Achilles Heel of Capitalism, Raymond Baker catalogues the kindred ailments caused by deregulated global money flows: among these are tax evasion and the deliberate mispricing of international commercial transactions by MNEs in order to avoid taxes. n115 What is common to Nairn's and Baker's list of globalized capitalism's ailments is that druglords, terrorists, MNE transfer pricing tricks, and tax evasion schemes all rely on the same tax havens (sometimes known as Offshore Financial Centers). Thus, large parts of the global economy are beyond the power of government to effectively govern; the private sector, much of it illegal and/or disinterested in the public good, is undermining if not overwhelming the public sector. The political weight of those who would keep the flows of money free, yet secret and unclean, include major accounting firms, law [*271] firms, and banking firms in the United States, n116 as well as the corporations they serve.

In conclusion, corporate citizenship clearly requires more than a stale mantra of maximizing profits and must be reframed for a globally deregulated world where public and private spheres have become intermixed at best and where public governance has been captured by private interests at worst. To take a stand for peace, corporations must acknowledge that some private interests may encourage war, foment conflict, and profit from arms sales and perpetual war. They must come to understand that conflict resolution by force of arms is unhealthy for children, the planet, and the prospects of sustainable businesses for the next generations.

Corporations must clearly acknowledge that they--and their trade associations--can set agendas for public governance, nationally and internationally. They must take that responsibility seriously and engage in informed public debate. They must uphold the integrity of market principles --that is, free and open competition, informed consumer choice, efficiency [*272] of resource use--in their operations and in their relationships, rejecting bribery, corruption, tax evasion, and affirming the necessity for public goods and good public governance. To counter the growing rise of illegitimate business, corporations must strive to make the rule of law less rhetorical and more real.

Corporations must consider the historic potential of capitalism to be a force for world benefit; they must then solicit and accept guidance from the public that conforms to the core values or principles of a more trustworthy capitalism--abundant information, consent, autonomy, wide consumer choice of providers, efficiency in resource use, and the victory of merit and good workmanship over kinship, corruption, or cronyism. Only a more trustworthy capitalism (i.e., an economic/political/legal system that maintains and perpetuates the principles just noted) can become a more effective force for the betterment of local communities and global society.

If the answer to any or all of this is "dream on," then dream on we must, for (to paraphrase Einstein) we will not solve the problems at hand with the same thinking that got us here. n117 New thinking in light of current realities is urgently required. We will now look at some companies that are starting to embrace that new thinking. III. CITIZENSHIP EMBRACED Corporations who embrace the vision of a more peaceful world will choose to exercise their economic and political power more responsibly. They can do so by rejecting market fundamentalism, crony capitalism, the notion that war is good for business, and the old habit of advocacy without principle. They understand the need for better rules and systems of national and corporate accounting, the desirability of transparency and consistency within their organizations and without, the need for public goods, and the importance of joining in policy debates with a passion for truth.

Some corporations and trade associations are joining together, sometimes with environmental NCOs, to seek better rules for local, national, and global business activities, not just to ask for exemptions and subsidies, [*273] to reduce regulatory effects on profits, or to avoid accountability. This kind of citizenship entails restraint-speaking with truth instead of spin, and asking for what is best for a variety of stakeholders, not just insiders and/or owners. Ideally, such citizenship will also come to recognize the need for corporations to seek systems and policies locally, nationally, and internationally that embrace gender equality, diversity, procedural rights, voice, and soft power, as well as the importance of preserving natural capital for current and future generations. A. Embracing Truth and the Rule of Law In terms of a corporation's role in promoting a more peaceful world, responsible advocacy is a good place to start. Corporate and political leaders must tell the truth to U.S. citizens, and the media must hold them accountable when they do not. For example, Roger Altman states that "the only real strategy on oil is to use less of it. n118 What's needed from Washington, he notes, is to "confess to the public that America is in deep trouble from its oil dependence and its carbon emissions," to encourage oil conservation "through deep new incentives and mandates," and to finance "an acceleration of those technologies that could truly replace oil and gas. n119

But Washington is a bazaar of competing interests, many of them corporate. The public-private distinction is breaking or has broken down. n120 Corporations and trade associations must find the courage to articulate rules and systems that will work in the long term for all, not just for them. While Altman talks about a "stunning failure of leadership" from Washington on our oil dependence and on climate change, corporations that are deeply embedded in the culture of the U.S. capital must also acknowledge their own need to lead. n121

[*274] With regard to global warming and GHG emissions, a good corporate citizen would recognize the futility of unilateral action to combat a problem with so many sources, yet also understand that the costs of collectively doing nothing are unacceptably high. n122 Such an understanding makes it untenable to cloud public debate by instilling doubts about global warming science and inflated figures about the costs of a carbon emissions trading system with fixed caps. Shell, BP, Chrysler and Ford were all members of the GCC. n123 However, in December 1999, Ford Motor Company announced that it would withdraw from the GCC. n124 It was the first automaker to admit that global warming was a serious problem and the largest American company to drop out of the GCC. William Clay Ford, Jr. explained why his company left the GCC:

Time is not on our side, we need to keep moving forward, and we need to move fast. We're at a crucial point in the world's history. Our oceans and forests are suffering, species are disappearing; the climate is changing. Around the world, billions of our fellow human beings lack the most basic requirements of health and dignity. Enlightened corporations are beginning to understand that these issues are business issues. They realize they can no longer separate themselves from what is going on around them. That, ultimately, they can only be as successful as the communities, and the world, that they exist in. ... The present risk is clear. The climate appears to be changing, the changes appear to be outside natural variation, and the likely consequences will be [*275] serious. From a business planning point of view, that issue is settled. Anyone who disagrees is, in my view, still in denial. n125
DaimlerChrysler soon followed Ford's lead. n126 Among the major oil companies, BP/Amoco had led the way by dropping out in 1997. A BP company spokesperson, who asked not to be identified, said that "our company takes a different view of the issue. We feel that conserving resources, reducing emissions and investing in renewable energy will benefit us financially as well as ecologically." As for the GCC, he says, "Frankly, I don't think you'll see that group around for too much longer." n127

The GCC did in fact disband in 2002. n128 Facts and credibility had begun to matter even more by then. The fifteen warmest years in the last century have occurred since 1980, ice is melting on every continent, snow packs are shrinking, the volume of the ice cap in the Arctic Ocean has shrunk over 40% over the past 40 years, and continuing denials in the context of such compelling evidence risk loss of credibility. n129

It is a good first step toward global environmental citizenship for an oil, gas, electric, chemical, or auto company to disassociate themselves from advocacy groups that seek to create confusion and policy gridlock. Some corporations have taken the next step and are starting to advocate for a national climate policy with mandatory controls. According to CERES, n130 companies like Alcoa, Duke Power, DuPont, and United Technologies have become "leaders in their industries by articulating the business case for [*276] GHG controls and a supportive government regulatory framework." n131 A growing number of American chief executive officers (CEOs) say that "a more aggressive approach is needed and that U.S. companies are hampered competitively by the lack of a clear national strategy." n132 Many CEOs, Wall Street firms, and even evangelical leaders "are questioning the U.S. government's voluntary approach to climate change and are calling for greater measures to reduce regulatory uncertainty." n133

One approach for corporations is to constructively join with broader-based organizations to seek consensus and the kind of forward-looking policies that William Clay Ford, Jr. spoke of. Two such organizations are the International Climate Change Partnership n134 and the Pew Center for Global Climate Change's Environmental Leadership Council. n135 The Prince of Wales' Business & the Environment Program is another; senior executives at some of the United Kingdom's leading businesses (all members of the program) wrote to Prime Minister Blair in 2006 asking him to take a tougher stand on climate change, highlighting seven areas they wished to work on with the government. n136 Duke Energy CEO Paul Anderson "came out in favor of a federal tax on carbon emissions in 2005, even though his company is merging with Cinergy to become one of the nation's largest carbon-emitting companies." n137

[*277] One can argue with the specific content of their suggestions; any company or industry that takes a position for or against the Kyoto Protocol or proposes a different system of reducing fossil-fuel emissions can be criticized for being naive, misinformed, or just plain mistaken about the likely efficacy or results of what they propose. But being proactive in this way is also part of citizenship; corporations can and do get involved in the legislative and regulatory process, as well as supporting political candidates with dollar donations; in the United States at least, such speech is protected under the First Amendment. The ethical question is not whether a corporation's regulatory or legislative suggestions are beyond any possible reproach; rather, the question is whether they are motivated by a spirit of the common good and enhancement of a more trustworthy capitalism.

GE, a company with little evidence of green thinking under CEO Jack Welch, has reportedly become (under CEO Jeff Immelt) a more environmentally aware company. n138 Immelt says that CE is committed to holding the line on GHG emissions and will work to be more transparent on the progress of its environmental initiatives. These include doubling investing in research for cleaner technologies and expecting to double its revenue from environmentally friendly technologies by introducing more than thirty products in the 2005-2007 period, including wind turbines, solar panels, coal-gasification plants, and more energy-efficient appliances. n139 GE has the advice of the World Resources Institute, n140 whose president, Jonathan Lash, predicts that Immelt and GE will demonstrate that it is possible to thrive in a carbon-constrained world and to decouple economic growth from growth in GHG emissions. n141

GE's "ecomagination" initiative includes not only capturing market share through technological innovation, but also urging policy makers to create sensible regulatory frameworks for moving away from fossil-fuel dependence and an ever-warmer greenhouse world. Not all shareholders are enthusiastic. For example, the Action Fund Management's letter to GE [*278] shareholders in March 2006 claims that GE management has "gone beyond the bounds of simply helping customers to use energy more efficiently or meet existing requirements." n142 According to the letter,

GE is now working to impose new, more stringent government regulations that will raise energy costs and reduce energy availability without providing significant, or even measurable, benefits. GE is lobbying lawmakers, and even supporting politicized activists in hopes of enacting in the U.S. greenhouse gas regulation similar to the Kyoto Protocol. n143

The Free Enterprise Action Fund (essentially Thomas J. Borelli and Steven J. Milloy n144) was concerned that GE had joined the Pew Center on Global Climate Change, which had advocated mandatory GHG controls. n145 Mr. Immelt and other senior GE officials have publicly proclaimed "that global warming is real, and also call for American government regulations to deal with it. GE is sticking its neck out and, among the most influential big American businesses, it has taken something of a lead." n146 [*279] GE had also joined the Northeast Climate Group, n147 a partnership between businesses and the World Resources Institute, building "strategies for companies to thrive in a carbon-constrained economy" and "shape multi-sectoral policy approaches for a safe climate and sound business future in the Northeast." n148

In an interview with the Washington Post, Mr. Immelt said he would like Congress to pass an energy bill that set "clear milestones" to reduce GHG emissions so that companies would know how to invest to achieve them. "The bill should include market-based mechanisms to encourage businesses to cut pollution, such as caps with incentives or the ability to trade emissions credits. He also called for fuel incentives to encourage fuel diversity and a centralized effort to develop new environmental technologies that can be used throughout U.S. industry." n149

There is little doubt that Mr. Immelt's leadership involves risks. If he is right, notes the Economist, "not only will GE benefit, but business everywhere will have to follow in its tracks in one form or another. If he is wrong, Mr. Immelt will have led one of the world's biggest and most powerful companies down a dead-end." n150 But GE's new strategy was not launched on a whim; the firm spent eighteen months discussing it with customers and took away "a clear message: rising fuel costs, ever tighter environmental regulations and growing consumer expectations will translate into demand for cleaner technologies, especially in the energy industry." n151 It may even be smart strategy --GE may be better positioned than certain of its rivals to exploit government interventions on GHG emissions. n152 B. Going Green: Efficiencies and Environmentally Friendly Technologies While some corporations go green to get ahead of regulation before it happens, others simply see market opportunities. Global companies are setting for themselves the target of carbon neutrality long before any [*280] nation has done the same. n153 Even without the pressure of U.S. federal carbon taxes or caps on GHG emissions, several U.S. companies are emerging as leaders in environmental citizenship. "Companies at the vanguard no longer question how much it will cost to reduce greenhouse gas emissions, but how much money they can make doing it." n154

Chevron integrated renewable technologies into its energy portfolio; it now invests over $ 100 annually in low-carbon and carbon-free energy alternatives. n155 American Electric Power (AEP) is the world's largest producer of carbon dioxide. In 2005, AEP said that targets for carbon reduction "represent a common-sense approach that can bring the process of lowering emissions along a gradual, cost-effective path." n156 AEP "bitterly opposes mandatory action on carbon." n157 But it expects carbon regulation to come some time in the next thirty years and has joined with GE on a joint venture to test clean-coal technology. n158 DuPont has cut its GHG emissions by 65% since 1990, saving hundreds of millions of dollars in the process.

With major operations in the United States, BP has spent $ 20 million on its carbon emission reductions strategy and realized $ 650 million in savings over three years. n159 BP was able to reach its initial target of reducing emissions by ten percent below its 1990 levels without cost. Indeed, the company added around $ 650 million of shareholder value, because the bulk of the reductions came from the elimination of leaks and waste. n160 Other firms--such as electricity generator Entergy, car manufacturer Toyota, and mining giant Rio Tinto--are having similar experiences. The message from these measures is that efficiency can both pay dividends and reduce emissions. n161

[*281] Environmental citizenship can come from surprising sources. NGOs and labor activists used to bashing Wal-Mart find themselves puzzled by Wal-Mart CEO H. Lee Scott's rhetoric in October 2005. He pledged to transform Wal-Mart, the world's largest retailer and number two on the Fortune 500 list, into a company that runs entirely on renewable energy and produces zero net waste. Similar goals have been expressed and notable advances achieved by Ray Anderson, CEO of the world's largest carpet company. n162 Wal-Mart's initiatives do seem substantive.

The company has already set up more than a dozen "sustainable value networks," each focused on a particular area like packaging or facilities, each made up of Wal-Mart managers and outside educators, regulators, and environmentalists. n163 In consultation with Amory Lovins' Rocky Mountain Institute, Scott pledged to double the efficiency of Wal-Mart's enormous truck fleet by 2015 and reduce GHG emissions from its existing stores and warehouses by twenty percent over the same stretch. By 2008, Wal-Mart will have a store design that uses thirty percent less energy and produces thirty percent fewer GHG emissions, developed out of the experimental green stores in McKinney, Texas, and Aurora, Colorado. It will reduce solid waste from its stores and clubs by twenty-five percent in three years." n164

[*282] Efforts like these are being noticed in the marketplace and also by the U.S. government. The U.S. Department of State's annual Award lor Corporate Excellence recognizes both large and small businesses that demonstrate corporate social responsibility. The idea behind the program is that responsible businesses create goodwill throughout the world by exemplifying ethical values. The nomination and award process is competitive. Chiefs of Missions from U.S. diplomatic posts around the world nominate a U.S. business for its role in advancing "good corporate governance and democratic principles worldwide" and winners are honored for "exemplary conduct and corporate responsibility innovations in a company's overseas operations." n165

In 2003, for example, one nominee was a high-tech company that worked with the Philippine government to "influence changes in regulations and environmental structure to support the rapid growth of the industry, while creating more environmentally sound waste management options." n166 In 2001, a U.S. company operating in Hanoi built a wildlife-habitat garden for employees, families, and schoolchildren for environmental awareness and education; the company also "supported US-Asia Environmental Partnerships to eliminate use of leaded fuels, five years ahead of scheduled phase-out." n167 C. Internal Governance, Employees, and Supply Chains Some companies are starting to take measures to ensure that their boards of directors are integrating climate change into their governance practices and strategic planning. Anadarko Petroleum, Cinergy (now Duke Power), and Dow Chemical have "created task forces to integrate board oversight with executive-level actions to manage greenhouse gas emissions." n168 For corporate governance, one of the major challenges here is what CERES calls a "governance gap": the warming effects of GHGs "far outlast the tenure of corporate executives and the payback period of their [*283] investments." n169 Yet businesses are "beginning to perform some serious analysis of the threats (and opportunities) posed by global warming." n170

The Bank of America is making employees part of the solution as well by offering $ 3,000 rebates to employees who buy hybrid vehicles. More than 21,000 employees who live within ninety miles of Boston, Charlotte, and Los Angeles will be eligible for the rebate. n171 They join Timberland and Google in offering such incentives. These are in addition to the government's tax credit, which can exceed $ 3,000, depending on the model. n172

Supply chain management with a green intent can make a major difference. Starbucks is making significant inroads in this area. n173 HP began a program in July 2006 to increase social and environmental responsibility practices for its supplier factories in China. n174 The most significant inroads of all may be made by Wal-Mart, if their aims are even halfway met: Wal-Mart is planning to reduce overall packaging, move heavily into organic products (textiles and food), and even buy more local food. By their own reckoning, ninety percent of Wal-Mart's environmental impact will come through influence on its supply chain. The company is ordering wild-caught seafood from fisheries certified by the Marine Stewardship Council and is developing a sustainable certification system for gold. Where Wal-Mart is the biggest retailer (and there are many areas in which [*284] its buying power is dominant) its demands could change entire industries. Wal-Mart is also likely to signal other businesses that corporate environmental savvy is more than a fashion trend. n175 D. Transparency Some corporations are choosing not only to be more carbon conscious, but to regularly report on their efforts. A company's motivation can come from a number of sources: wanting to be attractive to potential investors, looking for continued brand loyalty from customers, or making itself attractive as a reliable supplier by committing to standards like ISO14000. n176

There appears to be a growing conviction among pension funds and institutional investors that, despite the "raging bull market in fossil fuels," n177 a tipping point has been reached. A broadened view of fiduciary responsibility requires them to make longer-term valuation assessments of corporate offerings. n178 Examining the financial implications of "currently undisclosed environmental liabilities" n179 (or considering liabilities contingent upon an ever-changing set of environmental laws and regulations) requires these investors to look at GHD emissions of potential buy recommendations.

In September 2005, the Carbon Disclosure Project (CDP) n180 released its third annual survey of FT Global 500 companies. The survey seeks information on companies' carbon emissions and policies so that investors can make more informed decisions about carbon risks. The CDP's 2005 report provides a "climate leadership index" of the top 60 companies "based on targets, [*285] reductions, and trading." n181 U.S. companies on the climate leadership index for the second time include Citigroup, AEP, Ford, and UPS. GE, Duke Energy, and Bristol-Myeis Squibb made the list for the first time.

This kind of transparency may be welcomed by Wall Street. In the wake of 2005's destructive hurricane season in the United States, Goldman Sachs and JP Morgan Chase "are telling clients for the first time that climate change poses financial risks." n182 IV. CONCLUSION The Climate Change Group has estimated that, if no action is taken, economic losses from the extreme weather will exceed GDP by 2065. n183 The United States--which represents only four percent of the globe's population but with twenty-live percent of the world's GHG emissions--will have to take the lead in effecting serious and sustainable changes. n184 But what part of the United States will lead? Corporate environmental citizenship can be part of this leadership if we collectively discard the constricting mental frameworks that have operated to justify the singular individual and corporate pursuit of immediate financial returns. We cannot expect U.S. government officials to lead if corporations, citizens, and the media do not realize the extent to which the public good is undermined by the military-industrial complex, crony capitalism, and a determination to control oil resources globally.

Even if our political leaders--with the support of corporations--could squarely face the situation and chart a more ecologically rational course and work domestically and internationally to put economic activities in better balance, consumer-driven voters will not easily accept rationing or consumption restraints. Mallen Baker aptly points out that democratic governments have seldom had the courage to tell its citizens to consume less, and that there is no historical record of benign despotism (green or otherwise). At best, he writes, we have businesses that are innovating to [*286] "produce more socially beneficially goods and services, made in environmentally efficient ways." n185

Ironically, businesses are probably the best solution that we can have to the challenges that face us as a society, because they are the ones that can innovate, can produce solutions, and can be part of the engine of development that will eventually bring developing countries out of poverty that may, just may, have a whisker of a chance of achieving sustainability. But in order for that hope to be realized, more businesses need to follow the leadership currently shown by the few. n186

But business can only do so much innovation in a political economy that does not account for natural capital, rewards political connections, and approaches resources with zero-sum mentality. True leadership will require a new set of mental frameworks that recognizes the current confusion between public and private interests. This confusion can be turned to ecological advantage: the standard antagonisms between business and government, and between businesses and their NGO critics, have begun to break down in favor of more collaborative efforts for the common good. Peter Senge notes, following Einstein, what folly it is to think we can correct the fragmentation of the world via processes that recreate that fragmentation. n187 To go beyond the view of ourselves and our corporations as isolated and fragmented centers of thought and action, we must remake and reconstitute ourselves for a world of diminishing resources, environmental threats to business and societies and deliberately create more peaceful relations. These more peaceful relations must be within corporations (through conflict resolution, diversity, learning organizations that listen to dissent and to potential whistleblowers) and external to corporations (greater transparency, accountability, and awareness that public goods such as good rules and sound supervisory governments really do matter). These compose the essence of a more trustworthy corporate capitalism.

Corporations are beginning to act on the premise that the old paradigms no longer serve use well. To the extent we recognize and discard them, we may encourage more of the corporate leadership that is starting to emerge.

Legal Topics: For related research and practice materials, see the following legal topics: Business & Corporate LawCorporationsGeneral OverviewCivil ProcedureJurisdictionDiversity JurisdictionCitizenshipBusiness EntitiesEnergy & Utilities LawUtility CompaniesContracts for Service FOOTNOTES: n1 Peter Senge, Systems, in IMAGINE: WHAT AMERICA COULD BE IN THE 21ST CENTURY 168 (Marianne Williamson ed. 2000). n2 CHARLES MONTESQUIEU, THE SPIRIT OF THE LAWS (1748), as quoted in AACSB, A World of Good: Business, Business Schools, and Peace: Report of the AACSB International Peace Through Commerce Task Force 5 (2006). n3 Millennium Ecosystem Assessment, Living Beyond Our Means: Natural Assets and Human Well-Being (Statement from the Board), available at http://www.milleniumassessment.org/en/products.aspx.
Nearly two thirds of the services provided by nature to humankind are found to be in decline worldwide. In effect, the benefits reaped from our engineering of the planet have been achieved by running down natural capital assets ... Unless we acknowledge the debt and prevent it from growing, we place in jeopardy he dreams of citizens everywhere to rid the world of hunger, extreme poverty, and avoidable disease -- as well as increasing the risk of sudden changes to the planet's life-support systems from which even the wealthiest may not be shielded.
Id. at 5.
The ecosystem services evaluated in the millennium assessment (MA) include provisioning services (food, fiber, genetic resources, biochemicals, natural medicines, pharmaceuticals, and fresh water), regulating services (air quality, climate, water, erosion, disease, pests, pollination, and natural hazard regulators such as wetlands and mangroves); except for crops, livestock, and aquaculture, other indicators are on a downward trend.
Id. at 17. n4 See MICHAEL T. KLARE, BLOOD AND OH.: THE DANGERS AND CONSEQUENCES OF AMERICA'S GROWING DEPENDENCY ON IMPORTED PETROLEUM (2004) (explaining why the United States must overcome its addiction to oil in order to enhance national security and freedom of action in its foreign relations). Klare especially notes the need to reduce oil consumption in the transportation sector, singling out "America's mammoth fleets of light-duty vehicles." Id. at 193. Yet auto manufacturers in the United States have generally opposed increases in fuel efficiency standards. As to the conflicts over diamonds, see Julie L. Fishman, Is Diamond Smuggling Forever? The Kimberly Process Certification Scheme: The First Step Down the Long Road to Solving the Blood Diamond Trade Problem, 13 U. MIAMI BUS. L. REV. 217 (2005). As Fishman notes:
Blood diamonds play a vital role in fueling war in many African nations. These rough diamonds, also known as conflict diamonds, originate from nations such as Angola, Sierra Leone, and the Democratic Republic of the Congo (DRC). Rebel forces, who oppose the legitimate and recognized governments of these nations, control much of these countries' diamond producing areas. These rebel groups control the mines and sell blood diamonds in order to buy arms and supply cash flow for their military actions against such governments, in contravention of United Nations Security Council resolutions.
Id. at 219. See also Security Council, General Assembly adopts resolution on 'conflict diamonds,' (March 21, 2001), available at http://www.un.org.proxy.library.vanderbilt.edu/peace/africa/Diamond.html (stating that "[i]n taking up this agenda item, the General Assembly recognized that conflict diamonds are a crucial factor in prolonging brutal wars in parts of Africa, and underscored that legitimate diamonds contribute to prosperity and development elsewhere on the continent."); MICHAEL T. KLARE, RESOURCE WARS: THE NEW LANDSCAPE OK GLOBAL CONFLICT 64 (2001) (discussing conflicts over water resources). n5 AL GORE, AN INCONVENIENT TRUTH: THE PLANETARY EMERGENCY OF GLOBAL WARMING AND WHAT WE CAN DO ABOUT IT (2006) (discussing potential loss of coastlines, fresh water, soil, agricultural yields, and the emergence of new and old diseases). n6 Anna Gosline, Where Will They Go When the Sea Rises?, NEW SCIENTIST, May 7, 2005, at 8-9 Gosline states that
[o]ver the next century, millions of people living in coastal areas and small islands in the developing world are likely to become 'environmental refugees', losing their homes to rising sea levels and extreme weather ... The worst affected areas will be along the densely packed coastlines of south and south-east Asia, and Africa. They will account for 80 percent of the people flooded. The small island nations of the Caribbean, the Pacific, and the Indian Ocean ... are in even greater danger.
Id. See also GORE, supra note 5, at 86. n7 See KLARE, supra note 4, at 146-79 (Geopolitics Reborn: The U.S.-Russian-Chinese Struggle in the Persian Gulf and Caspian Basin). Klare writes that the
... great powers have always battled for control over important sources of wealth and advantage. European states fought over the resource-rich territories of the Americas and Africa; imperial Britain vied with Russia for control of Central Asia and with the Ottoman lurks for Egypt and the Levant. These rivalries often led to border skirmishes and local wars, usually al the outer edges of imperial expansion; but on occasion they led to epic conflicts, such as the Seven Years War, the Napoleonic wars, and World War I. Thought the risk of such earth-shaking upheavals has subsided in recent decades, the imperial impulse behind them have by no means disappeared. And if there is a prize that could provoke great power warfare on a grand scale today, it is the vast untapped energy reserves of the Persian Gulf and the Caspian Sea areas.
Id. at 146-47. Klare creates a compelling history of the links between nations' economic goals and their willingness to use military force to secure vital resources. He concludes, as others do, that the Middle East is a "powder keg of ethnic and religious conflicts, territorial disputes, and local power struggles" that major powers may be tempted to exploit for tactical advantage. Id. at 178. See also infra note 26. n8 See, e.g., Stefano Ambrogi, Oil Plant Leak Damages a Third of Lebanon's Coast, REUTERS, Aug. 3, 2006, available at http://www.enn.com/today.html?id=10993. The military action by Israel against Hezbollah in Lebanon included the bombing of oil storage tanks resulting in 10,000 tonnes of fuel spilling into the Mediterranean, according to the United Nations' International Maritime Organization. Id. See also TIMOTHY L. FORT & CINDY A. SCHIPANI, THE ROLE OF BUSINESS IN FOSTERING PEACEFUL SOCIETIES 183-84 (2004) (reviewing the environmental/social disruptions of the 1991 Gulf War, the Kashmir conflict between India and Pakistan, and the conflict in Mozambique). n9 AACSB stands for the Association for the Advancement of Collegiate Schools of Business. The Association's Peace through Commerce publication is available at the AACSB Web site, http://www2.aacsb.edu/. n10 Sharon Shinn, The Dimensions of Peace, BIZED May/June 2006, at 24. See also C.K. PRAHALAD, THE FORTUNE AT THE BOTTOM OF THE PYRAMID: ERADICATING POVERTY THROUGH PROFITS (2005) and STUART HART; CAPITALISM AT THE CROSSROADS: THE UNLIMITED BUSINESS OPPORTUNITIES IN SOLVING THE WORLD'S MOST DIFFICULT PROBLEMS (2005), two complementary accounts of how business can be agents of positive change for local and even world benefit. Prahalad's bottom-of-the-pyramid theory holds that multinational corporations can help to reduce poverty (and profit in the process) by serving the four billion people in the world living on less than $ 2 a day. Hart adds an environmental emphasis in suggesting that sustainable enterprises hold the key to diminishing poverty, conflict, and terrorism. n11 See the Peace Alliance Web site, http://www.thepeacealliance.org/content/view/12/67/. The Peace Alliance is attempting to foster a U.S. cabinet-level Department of Peace. See S.R. 1756, 109th Cong. (2006); H.R. 3760, 109th Cong. (2006). n12 Rabbi Michael Lerner, A World Out of Touch With Itself: Where the Violence Comes From (Sept. 12, 2001), available at http://www.medialens.org/articles/the_articles/articles_2001/ml_world_out_of_touch.html. n13 As of this writing, the war on terror has been recast as the war on "Islamofascism." See infra note 81. n14 There are a number of trends that create the conditions for violence: economic stagnation, governmental corruption, long-lived ethnic grievances, and unequal distributions of wealth and/or power, just to mention a few. I am not suggesting in this article that improved corporate environmental citizenship alone can bring about more peaceful conditions. But a more peaceful world will require that corporations choose to be part of a change in positive consciousness. Accord DAVID KORTEN, THE GREAT TURNING: FROM EMPIRE TO EARTH COMMUNITY 333 (2006) ("Only four percent believe that America is best served when corporations pursue only one goal making the most, profit for their shareholders. Ninety-five percent believe corporations should sacrifice some profit for the sake of making things better for their workers and communities."). Id. See generally Center for Business as an Agent of World Benefit, at Case Western Reserve's Weatherhead School of Management, http://worldbenefit.cwru.edu/ ("The Center for BAWB is a global forum uniting the best in business with the call of our times. At the heart of the Center is the World Inquiry -global search for the many ways dynamic leaders in the business sector are putting their people, imagination and assets to work to benefit the earth, from its ecosystem to the needs of its vast, diverse population. The Center takes the work being done by business practitioners, civil sector actors, and the academic community in business-in-society innovations and synthesizes their knowledge and experience into one powerful, central location."). Id. n15 See generally KORTEN, supra note 14. Korten guides the reader through 5,000 years of human thought and history. Drawing from diverse sources, Korten concludes that humanity urgently needs to awaken from a long-standing habit of domination and violence that leads to hierarchies, dominance, empire, and the disempowerment of local cultures and peoples to distant nations and institutions.

As to the recent hope that free trade in globalization could bring local communities into modernity and well-being, he notes that

[T]he theory underlying corporate-led economic globalization posits that human progress is best advanced by deregulating markets and eliminating economic borders to let unrestrained market forces determine economic priorities, allocate resources, and drive economic growth. It sounds like decentralization, but the reality is quite different. A market without rules and borders increases the freedom of the biggest and most economically powerful players to become even bigger and more powerful at the expense of the freedom and right to self-determination of people and communities. Corporations and financial markets make the decisions and reap the profits. Communities are left to deal with mounting human and environmental costs.
Id. at 13. Korten claims that the overarching source of this kind of core-periphery domination is our tendency toward empire, a tendency fed by the "subordination of the feminine to the masculine and of the organizing principle of partnership to the organizing principle of domination." Id. at 19. Korten urges individuals, nations, and corporations to confront what he calls "our imperial legacy." Id. at 18. n16 The Earth Charter, pmbl. (2000), http://www.earthcharter.org/files/charter/charter.pdf. A draft UN Earth Charter was developed for the Earth Summit in Rio de Janeiro in 1992, but did not become an official declaration at that time. Two years later, Maurice Strong (who chaired the Rio summit) and Mikhail Gorbachev restarted the Earth Charter as a civil society initiative with the help of the Government of the Netherlands. Initial drafting and consultation process was extensive and drew on hundreds of international documents. An independent Earth Charter Commission was convened in 1997 to oversee the final development of the text and to come to agreement on a global consensus document. More history of the Earth Charter and its formal launch at the Peace Palace in The Hague, and the numerous endorsements from people and institutions are available on the Earth Charter Web site. n17 Id. n18 See infra notes 20-117 and accompanying text. n19 See infra notes 118-81 and accompanying text. n20 Since 1999, the U.S. Department of State has made awards for corporate excellence (ACE awards). The award is designed to recognize "the important role that U.S. businesses play in advancing good corporate governance and democratic principles worldwide. The award honors exemplary conduct, corporate responsibility, and innovations in a company's overseas operations." See U.S. DEP'T OF STATE, EXAMPLES OF CORPORATE SOCIAL RESPONSIBILITY, 2003, http://www.state.gOv/e/eeb/rls/othr/25246.htm. n21 ExxonMobil is arguably the most prominent of these companies. See infra, notes 46 & 49. See also Chris Mooney, Some Like it Hot, MOTHER JONES, May/June 2005. Mother Jones has tallied some 40 ExxonMobil-funded organizations that either have sought to undermine mainstream scientific findings on global climate change or have maintained affiliations with a small group of "skeptics" scientists who continue to do so. Id. at 36. Mooney notes that the general thrust of questioning the science of global warming is linked to extensive lobbying for "a laissez-faire, antiregulatory agenda." Id. at 37. n22 Upon leaving the presidency in 1961, Dwight D. Eisenhower warned future generations against the dangers of a "military-industrial complex," and the "grave implications" of the "conjunction of an immense military establishment and a large arms industry." He said we must "guard against the acquisition of unwarranted influence, whether sought or unsought, by the military industrial complex. The potential for the disastrous rise of misplaced power exists and will persist. We must never let the weight of this combination endanger our liberties or democratic processes." See Dwight D. Eisenhower, Military-Industrial Complex Speech, The Avalon Project at Yale Law School (1961), available at http://www.yale.edu.proxy.library.vanderbilt.edu/lawweb/avalon/presiden/speeches/eisenhowerOOl.htm. See also DAN BRIODY, THE IRON TRIANGLE: INSIDE THE SECRET WORLD OF THE CARLYLE GROUP (2003) (highlighting the Carlyle Group as the embodiment of what Eisenhower had warned of). With respect to the "immense military establishment" that Eisenhower spoke about, see CHALMERS JOHNSON, THE SORROWS OF EMPIRE (2004). Johnson states that:
As distinct from other peoples on this earth, most Americans do not recognize--or do not want to recognize - that the United States dominates the world through its military power. Due to government secrecy, they are often ignorant of the fact that their government garrisons the globe. They do not realize that a vast network of American military bases on every continent except Antarctica actually constitutes a new form of empire.
Id. at 1. See also the Web site for Robert Greenwald's film, Iraq for Sale: The War Profiteers, http://iraqforsale.org/about.php. The Web site lists numerous sources about lucrative no-bid, cost-plus contracts to Halliburton and other private contractors. See generally DAN BRIODY, THE HALLIBURTON AGENDA: THE POLITICS OF OIL AND MONEY (2004) (describing the history of Halliburton and Kellogg Brown & Root from its earliest days in Texas politics, to Vice President Cheney's work with Halliburton from 1995 on and the monopolization of billions of dollars of no-bid, cost-plus contracts for the occupation of Iraq). See also Erik Eckholm, White House Officials and Cheney Aide Approved Halliburton Contract in Iraq, Pentagon Says, N.Y. TIMES, June 14, 2004, at A6. n23 See infra note 35. n24 See Coalition for a Realistic Foreign Policy, The Perils of Empire (Statement of Principles by the Coalition for a Realistic Foreign Policy), at http://www.realisticforeignpolicy.org/static/000027.php. See also KORTEN, supra note 14, at 194-200. n25 Jonathan Broder, Balancing Fuel and Freedom, CQ WEEKLY, Sept. 12, 2005, at 2385-93. Henry A. Kissinger, the former secretary of State who, with President Richard M. Nixon, engineered detente with the People's Republic of China, compares today's global struggle for energy resources to the "Great Game," the nineteenth-century fight for supremacy in Central Asia between imperial Britain and Czarist Russia. Id. at 2387. n26 See Paul A. Hamel, Environment and War, BULL. SCIENCE FOR PEACE (Jan. 2004), http://scienceforpeace.sa.utoronto.ca.proxy.library.vanderbilt.edu/Essays_Briefs/Hamel/Hamel-EnvironWar.html (quoting Bob Feldon of Dollars and Sense who states that "the U.S. Department of Defense is, in fact, the world's largest polluter, producing more hazardous waste per year than the five largest U.S. chemical companies combined"). See also JONI SEAGER, EARTH FOLLIES: COMING TO FEMINIST TERMS WITH THE GLOBAL, ENVIRONMENTAL CRISIS (1994) (Chapter 1: Up in Arms against the Environment: The Military, at 14-69); Janet Eaton, Ecological Consequences of Globalization's Fist (April 2003), http://www.elements.nb.ca/thenie/dimate03/janet/eaton.htm. Eaton writes:
Environmental destruction attributable to militarism includes not only the more obvious impacts of armed conflict (conventional war, weapons of mass destruction and troop and tank activities), but also those created by the presence and wastes of military personnel and their bases, and the fuel consumption of the military vehicles, ships and planes, especially jet planes.
Id. n27 President Eisenhower made this point in his farewell speech in 1961: the military industrial complex determines the direction of government, but is beyond democratic process because it operates - quite legally, but in relative secrecy beyond the purview of the people and the press. See BRIODY, supra note 21, at xxvii. See also Aaron Sadler, Experts critical of secret defense budgeting system, LAS VEGAS REVIEW-JOURNAL, NOV. 2, 2006; Bill Sweetman, Funding the Void, JANES DEFENCE WEEKLY, Apr. 12, 2006, at 25; David Wood, Pentagons 'Black' Budget Ripe for Corruption, SAN DIEGO UNION-TRIBUNE, Dec. 2, 2005, at B7. n28 No-bid contracts and contracts for which there is no real competition (even if bid) typify the dealings within the Iron Triangle. Coalition for a Realistic Foreign Policy, supra note 24. See also Erik Eckholm, The Reach of War: Procurement; White House Officials and Cheney Aide Approved Halliburton Contract in Iraq, Pentagon Says, N.Y. TIMES, June 14, 2004, at A6; The Iraq Money Tree, N.Y. TIMES, Apr. 14, 2003, at A18. n29 P.W. SINGER, CORPORATE WARRIORS: THE RISE OF THE PRIVATIZED MILITARY INDUSTRY (2003). n30 See infra notes 37-38, 75-78 and accompanying text. n31 JENNY PEARCE, UNDER THE EAGLE: U.S. INTERVENTION IN CENTRAL AMERICA AND THE CARIBBEAN (1982) (detailing the use of U.S. military force to aid U.S. commercial interests in that region). As to the economization of foreign policy and national security (by the United States and other nations), especially with regard to securing energy supplies, see FORT & SCHIPANE, supra note 9, at 186-88. As Fort and Schipani note, the competition for oil supplies "is not simply among nation-states, but businesses, particularly multi-national corporations, are also enmeshed in the competition among countries." Id. at 188. n32 See, e.g., Doe v. Unocal, 395 F.3d 932 (9th Cir. 2002). n33 See Wiwa v. Royal Dutch Petroleum Co., 226 F.3d 88 (2d Cir. 2000) (discussing the alleged complicity in imprisonment, torture, and murder of political activists in Nigeria). See also Bowoto v. Chevron Texaco Corp., 312 F. Supp. 2d 1229 (N.D. Cal. 2004) (alleging complicity in the deaths of protesters at the Chevron Parabe Oil Platform). n34 A useful and fairly complete Web site on the subject of just wars is maintained by Mark Rigstad, a philosopher at Oakland University. See Mark Rigstad, Justwartheory.com, www.justwartheory.com. The site contains ample debate over the morality and legitimacy of the current war in Iraq.

See also Peter W. Singer, Warriors for Hire in Iraq, SAJ.ON.COM, Apr. 15, 2005, available at http://www.brookings.edu/printme.wbsppage=/pagedefs/2dcf0a04b3aff3d3b81cla50a1415cb.xml Singer writes:

As anyone familiar with construction or home repair will attest, it is essential to have competition to determine the most efficient contractor at the best price; it is also essential to maintain oversight to prevent being bilked and getting shoddy work. In the military effort in Iraq, this basic function has largely been AWOL ... The contract management office in Baghdad, for example, originally had five personnel in charge of managing some $ 18 billion in contracting. It later added nine more, leaving a still-daunting ratio of about $ 1.3 billion in oversight per person, in the middle of probably the most confusing contract zone in history. The result has been a series of snafus and suspected swindling, best captured by the weekly drumbeat of financial scandals that Rep. Henry Waxman, D-Calif., has unearthed about Halliburton contracts in Iraq. The allegations circling the firm ranged from charging for tens of thousands of meals never served to soldiers, to billing for inappropriate extras such as adding the firm's logo to hand towels. But Halliburton was far from the only firm about which these concerns were raised. An investigation by the Pentagon's inspector general report found Pentagon procurement rules have not been followed in 22 of 24 deals by the Defense Contracting Command for services in Iraq.
Id. n35 As Joel Bakan points out, "Though the assistance provided to the Nazis by U.S. corporations may seem shocking in retrospect, it should not be forgotten that many U.S. corporations today regularly do business with totalitarian and authoritarian regimes again, because it is profitable to do so." JOEL BAKAN, THE CORPORATION 89 (2004). According to the Treasury Department's Office of Foreign Assets Control (OFAC), fifty-nine companies settled charges of trading with the enemy during April 2003 and have been lined more than $ 1.35 million for civil violations of the sanctions laws. Enemy nation-states include countries on the U.S. State Department list designated as sponsors of terrorism, including Cuba, Iran, Libya, North Korea, Sudan, and Syria. New OFAC enforcement information releases are published periodically on the U.S. Department of Treasury Web site, http://www.ustrcas.gov/offices/enforcement/ofac/actions/index.shtml. The latest release of civil penalties is dated 10/6/2006 which indicates that some companies continue to do business at the time of this writing. n36 Michael Slackman, Iran Won I Give Promise to End Uranium Effort, N.Y. TIMES, Aug. 23, 2006, at Al. (stating that "[t]he United States, Britain, France and Germany plan to meet Wednesday in New York to discuss the proposal and their response ... But the meeting will not include two key Council members, Russia and China, which have been reluctant to punish Tehran harshly."). This fits with Thomas Friedman's hypothesis about the antidemocratic character of nation-states flush with "petrodollars." In essence, the leaders of such nations often suppress democracy and ignore the "rule of law," and oil-dependent nations are not likely to push too hard for human rights under the rule of law. See Thomas L. Friedman, The First Law of Petropolitics, FOREIGN POI!Y 28-36 (May/June 2006). "Iran's president denies the Holocaust, Hugo Chavez tells Western leaders to go to hell, and Vladimir Putin is cracking the whip. Why? They know that the price of oil and the pace of freedom always move in opposite directions. It's the First Law of Petropolitics, and it may be the axiom to explain our age." Id. at 28. n37 See In Motion Magazine, Interview with Chalmers Johnson, available at http://www.inmotionmagazine.com/global/cj_int/cj_intl.html (last visited Dec. 20, 2006). "Certainly, there are huge corporate vested interests in the military-industrial complex and in the Pentagon. But these corporate interests are probably closer to state socialism than anything that is going to be called capitalism because these corporations have only one customer. There is very little competition among them." Id. President George H.W. Bush has long been involved in the Carlyle Group, as have Jim Baker, Frank Carlucci, John Major, and Arthur Levitt. Carlyle's political connections work fairly well; for example, the Pentagon's decision to fund a mobile artillery system from United Defense was political, over and above the objections of senior military planners. Carlyle's Partner II fund is the majority owner of United Defense, maker of the Bradley Fighting Vehicle and other weapons systems. United Defense owns Vought Aircraft, the world's largest supplier of commercial and military airline parts. Id.

See generally BRIODY, supra note 22 (providing ample evidence of the legal yet troubling pattern of former high-level government employees in the Carlyle Group and how their access to current officials and their expertise and connections in lobbying leads to government purchases of the wrong weapons).

n38 See Interview with Chalmers Johnson, supra note 37. See also Tim Shorrock, Crony Capitalism Goes Global, THE NATION, Apr. 1, 2002, at 11-16. Crony capitalism is a pejorative term describing a capitalist economy in which success in business depends on an extremely close relationship between the businessman and the state institutions of politics and government rather than by the frequently espoused democratic free market virtues such as merit, consent of the governed, open competition, and economic liberalism. Crony capitalism may be seen through favoritism in the distribution of legal permits, government grants, special tax breaks, no-bid contracts, and the like. It should be clear that this kind of capitalism is one that many nation-states have experienced. See, e.g., Return of the Czar (Frontline report), originally aired in 2000, available at http://www.pbs.org/wgbh/pages/frontline/shows/yeltsin/. This documentary describes the post-Soviet political economy under Boris Yeltsin. Crony capitalism may be kinder than another phrase sometimes attributed to this period in Russia: klepto-capitalism. n39 KEVIN PHILLIPS, AMERICAN DYNASTY: ARISTOCRACY, FORTUNE, AND HIE POLITICS OK DECEIT IN THE HOUSE OF BUSH (2004) (tracing a long lineage of involvement with finance, the oil industry, the military-industrial complex, and the intelligence community that has been translated into personal fortunes for George H.W. Bush and his progeny). n40 See Jeffrey E. Garten, A Foreign Policy Harmful to Business, Bus. WK., Oct. 14, 2002, at 72. n41 See FORT & SCHIPANI, supra note 9, at 188. n42 See Broder, supra note 25, at 2387. See generally LUTZ KLEVEMAN, THE NEW GREAT GAME (2003) (describing the struggle to dominate the Caspian Sea region, which now has the largest volume of untapped gas and oil in the world). Oil barons, warlords, generals, and diplomats are all part of the new "Great Game," the struggle between Great Britain and Tsarist Russia that Rudyard Kipling spoke of in his novel, Kim. Id. n43 Milton Friedman, The Social Responsibility of Business is to Increase its Profits, N.Y. TIMES, Sept. 13, 1970, at 122. n44 See, e.g., Norman Bowie, Morality, Money, and Motor Cars, in W. MICHAEL HOFFMAN ET AL., BUSINESS ETHICS--READINGS AND CASES IN CORPORATE MORALITY 428 (4th ed. 2001). n45 See supra notes 73-94 and accompanying text. n46 Jeff Nesmith, Energy Industry Touts Dubious Climate Study; Effort Attacks Belief in Global Warming, ATLANTA JOURNAL-CONSTITUTION, June 1, 2003, at 6F. n47 Before Kyoto, the U.S. Senate voted ninety-five to zero to oppose any climate change treaty that lacked meaningful participation by developing nations. Richard Schmalensee, The Lessons of Kyoto, 43 MIT SLOAN MGMT. REV 96 (2002). n48 For a good summary of the Global Climate Coalition's history and activities, see Matthew F. Pawa & Benjamin A. Krass, Behind the Curve: The Nation Media's Report on Global Warming, 33 B.C. ENVTL. AFF. L. REV. 485, 500-02 (2006). See also Lester Brown, The Rise and Fall of the Global Climate Coalition (July 25, 2000), http://www.earth-policy.org/Alerts/Alert6.htm. n49 Andrew Logan & David Grossman, ExxonMobil's Corporate Governance on Climate Change, Ceres and the Investor Network on Climate Risk, May 2006, at 2, available at http://www.ceres.org/pub/docs/Ceres_XOM_corp_gov_climate_change_053006.pdf. n50 JONATHAN HARR, A CIVIL ACTION (1996). n51 ANDREW SCHNEIDER & DAVID McCUMBER, AN AIR THAT KILLS: HOW ThE ASBESTOS POISONING OF LIBBY, MONTANA, UNCOVERED A NATIONAL SCANDAL (1994). See also John Holt, An Air That Kills, CAL. LITERARY REV., http://www.calitreview.com/Reviews/anairthatkills_005.htm (last visited Dec. 20, 2006). Holt's first paragraph sums up the book this way:
[The book is] about small-town Montana and the devastating horrors visited on it by a vermiculite mine owned by those fun-loving corporate souls at W.R. Grace & Co, and the Zonolite Company before it. The mining of vermiculite, used in products ranging from insulation to potting soil, led to exposure to asbestos that caused and is causing the deaths of hundreds of Libby residents. Grace knew of the dangers, but didn't tell the workers or their families of the deadly dangers associated with living in an environment where more than two and a half tons of asbestos were released into the town's air every day, when one heavy exposure or even one tiny fiber can inaugurate the downward spiral to the grave.
Id. Holt's review also strongly suggests that private interests again overcame public good.
The Bush White House, through its Office of Management and Budget, blocked the El'A's long-awaited declaration of a public health emergency in Libby in April 2002, and an accompanying warning to millions of citizens that their homes and businesses might contain Grace's deadly asbestos-contaminated insulation. A drastically watered-down memo was finally made public. The authors also reveal the Bush White House's successful campaign to cover up the asbestos problem in lower Manhattan in the wake of the 9/11 terrorist attacks.
Id n52 See W.R. Grace, http://www.grace.com/mediakit/libby.html (discussing Libby, Montana), http://www.civil-action.com/ (as to the book and movie, A Civil Action). See also Glenn Hess, Grand Jury Indicts W.R. Grace for Asbestos, CHEM. MKT. REV., Feb. 14, 2005, at 1:
A federal grand jury in Montana has indicted specialty chemical maker W. R. Grace & Co. and seven current and former executives on charges of knowingly endangering residents of Libby, Montana, and concealing information about the health affects of its asbestos-related mining operations. According to the indictment, Grace and its executives, as far back as the 1970s, attempted to hide the fact that asbestos was present in vermiculite products at the company's libby plant. The grand jury charged the defendants with conspiring to conceal information about the hazardous nature of the company's asbestos-contaminated vermiculite 'products, obstructing the government's cleanup efforts, and wire fraud ... [Grace stated that] [a]s a company and as individuals, we believe that one serious illness or lost life is one too many. That is why we have taken so seriously our commitment to our Libby employees and the people of Libby.
Id. n53 Grace filed lor (chapter 11 protection in 2001. See No Deal between W.R. Grace and its Asbestos Creditors, ASSOCIATED PRESS, July 24, 2006, available at http://www.mesotheliomasos.com/newsGracedeal.php [hereinafter No Deal]. n54 PCBs would not catch fire and made a seemingly perfect substitute for mineral oil in electrical products GF', mixed PCB to create a dielectric fluid called Pyranol. The fluid filled the metal housings of transformers and capacitors and were made at three plants, two on the Hudson River and one in Pittsfield, Massachusetts. The use of PCBs greatly reduced the risk of fire in products that were formerly fire hazards, but they were environmentally persistent (they do not dissolve or degrade) and bioaccumulative; like DDT, asbestos, and other "miracle" synthetic products, they posed a graver threat to human life than was at first understood. n55 THOMAS F. O'BOYLE, AT ANY COST: JACK WELCH, GENERAL ELECTRIC, AND THE PURSUIT Of PROFIT 185 (1999). O'Boyle reports that when GE came before Abraham Sofaer at a hearing in 1976, the judge found GF. guilty of violating state water quality standards. Welch's immediate predecessor, Reg Jones was reportedly "livid" at this result. He reportedly warned then Governor Hugh Carey that he would pull all company facilities out of New York if the environment commissioner forced the two plants on the Hudson to go to zero discharge before Jones thought it was feasible. Id. n56 The United States outlawed PCBs in 1976, but by then an estimated 3.4 billion pounds had been produced in some fifty years. Outlawing PCBs in the United States was the easy part; cleaning up would prove to be another matter altogether. GE had discharged more than one million pounds of PCBs into the Hudson River (about thirty pounds a day from two factories, one forty miles north of Troy and another at Hudson Falls). GE also used PCBs to make electric transformers at its Pittsfield plant until 1977. n57 O'BOYLE, supra note 55, at 191. n58 Attorneys for Grace included the Boston law firm Koley, Hoag, & Eliot, which filed motions to dismiss, a Rule 11 motion, a summary judgment motion, a motion for directed verdict, and a motion for a new trial before settling for $ 8 million without admitting fault. HARR, supra note 50, at 100, 136, 365, and 421-22. n59 See No Deal, supra note 53. n60 Jedediah Purdy, Is the Common Good Good?, AMER. PROSPECT, July/Aug 2006, at 41. n61 Tim Shorrock, Crony Capitalism Goes Global, THE NATION, APR. 1, 2002, available at http://www.thenation.com/doc/20020401/shorrock. n62 See Energy Policy Ac! of 2005, Pub. 1.. No. 109-58, I 19 Suit. 594 (2005). Text and commentary on the Act is available at the House of Representatives Energy and Commerce Web site. See http://energycommerce.house.gov.proxy.library.vanderbilt.edu/energy/energy-109.shtml. n63 See Union of Concerned Scientists, UCS and the Energy Bill (2005), http://www.ucsusa.org/clean_energy/clean_energy_policies/energy-bill-2005.html.
Despite all of our hard work, however, the Congress chose to largely follow the path of a 19th century fossil-fueled past instead of crafting an energy bill for the 21st century that would lead us to a clean energy future. UCS opposed the bill because it fails to reduce our dependence on oil, fails to address global warming, fails to reduce home heating and gasoline prices, fails to significantly increase the deployment of renewable energy and actually increases the threat of nuclear terrorism.
Id. n64 See Robert S. McIntyre, How Times Have Changed, AMER. PROSPECT; Sept. 2005, at 18 (stating "[t]he Energy Policy Act of 2005 includes billions of dollars in tax breaks and grants to oil, ethanol, coal, nuclear, and (to a much lesser degree) renewable-energy interests. Its enactment reflects classic pork-barrel politics in the worst sense"). See also John McCaughey, Washington Energy Polities: Another Merry-Go-Round Year, WORLD OIL, Feb. 2006, at 33 (in which the author stated, "For example, the new President's Energy Policy Act of 2005, while groaning unconscionably with pork and devoid of anything that might enhance energy security, mercifully did not include a 1980s-style Windfall Profits Tax on the oil industry"). n65 Judicial Watch, Appeals Court Allows Energy Task Force Records to Remain Secret, May 10, 2005, http://www.judicialwatch.org/5309.shtml. Judicial Watch initiated litigation against Vice President Cheney and the NEPDG in 2001 after it was denied access to meetings and documents. The suit was filed under the Federal Advisory Committee Act, or open meetings law, following a number of reports that lobbyists and energy company officials participated in the task force's deliberations. Id. Judicial Watch characterized the appellate court decision as follows:
The Appellate Court today ruled against any discovery related to the make up of the Energy Task Force or its committees and dismissed the suit. According to the court, the open meetings law does not apply even if an outsider participates in or influences an advisory committee, but only if the outsider actually "votes" as a member of the committee or "vetoes" the committee's recommendations. The court further ruled that statements provided by administration officials were sufficient evidence, by themselves, to conclude that no outsiders voted on or vetoed the task force's recommendation on energy policy.
Id. Judicial Watch fared little better at the Supreme Court. See Cheney v. District Court, 542 U.S. 367 (2004). n66 While the participation of Ken Lay is not officially recognized, The Nation magazine reported that Cheney and his aides met at least six times with Lay and other Enron officials while preparing the group's report, which was the basis for the Administration's energy policy proposals. Additionally, Cheney's staff met with an Enron-sponsored lobbying organization, the "Clean Power Group." John Nichols, Enron: What Dick Cheney Knew, THE NATION, Apr. 15, 2002, available at http://www.thenation.com/doc/20020415/nichols. An Enron memo suggests the corporation shaped large parts of the task force's recommendations. When Cheney and Lay met in April 2001, Cheney got a three-page list of recommendations. Representative Henry Waxman, the ranking minority member of the House Committee on Government Reform, ordered an analysis of the memorandum against the final report of the task force; it shows that the group adopted all or significant portions of the recommendations in seven of eight policy areas. Seventeen policies sought by Enron or that clearly benefit the company--including proposals to extend federal control of transmission lines, use federal eminent-domain authority to override state decisions on transmission-line siting, expedite permitting for new energy facilities and limit the use of price controls- -were included. Id.

Regardless of nonofficial participants, the Cheney task force report released in May 2001 became the basis for the Republican-sponsored energy bill. See Sierra Club, Global Warming and Energy, Bush's Flawed Energy Plan, http://www.sierraclub.org/globalwarming/bush_plan/. The hand of fossil-fuel interests is evident, according to the Sierra Club:

The bill includes exemptions to the Safe Drinking Water Act for oil and gas drilling and the Clean Water Act for construction related to oil and gas development. Moreover, the bill opens up coastal areas that have been under moratorium for decades to a harmful inventory of oil and gas resources. It also contains a provision that could be used to disadvantage communities and states that wish to seek redress lor contaminated drinking water in any new suits filed in slate courts. The bill stacks the deck against having an environmental review of a broad range of oil and gas activities, making it much more difficult for the public (o have meaningful input. Further, it threatens wildlife and subsistence values of the 23 million-acre National Petroleum Reserve Alaska.
Id. n67 H. Josef Hebert, Group: Cheney Task Force Eyed on Iraq Oil, ASSOCIATED PRESS, July 18, 2003 available at http://www.globalpcolicy.org/security/oil/2003/0718laskforce.htm. In order to negate any inferences that the task force was directing foreign policy as well as domestic energy policy, a Commerce Department spokesman said "the Energy Task Force evaluated regions of the world that are vital to global energy supply. The final report, released in May of 2001, contains maps of key energy-producing regions in the world, including Russia, North America, the Middle East and the Caspian region." Id. Hebert notes that:
A spokeswoman for the vice president did not immediately return a phone call seeking comment Friday. A two-page document obtained with the map and released by Judicial Watch lists, as of March 2001, companies in 30 countries that had an interest in contracts to help then-President Saddam Hussein develop Iraq's oil wealth. The involvement of Russia and France has been documented. Also on the list were companies from Canada, Australia, China, Germany, Indonesia, Ireland, India and Mexico.
Id. n68 See supra notes 61-67 and accompanying text. See also infra notes 74-91 and accompanying text. The question of whether the United States is an empire evokes endless discussion among some. See, e.g., Alexander J. Motyl, Empire Falls, FOREIGN AFFAIRS, July/Aug. 2006, at 190-94 (reviewing Craig Calhoun et al., Lessons of Empire: Imperial Histories and American Power and Charles Maier, Among Empires: American Ascendancy and Its Predecessors). Motyl (and others) find that the debate over whether the United States is an empire offers very little concrete advice to policy makers. Motyl writes that the concept of empire is "unnecessary for understanding the United States' current role in the world -and that both policymakers and scholars would be better off discussing contemporary foreign policy issues without recourse to false analogies from a distant past." Id. at 191.

For purposes of this article, noting the United States' global military presence and the economization of foreign policy is offered only as a counterpoint to the commonly held concept (in the United States) that U.S. foreign policy is or has been largely altruistic or progressive in terms of creating social justice and democracy globally.

n69 See infra notes 37-41 and accompanying text. n70 See supra notes 45-49 and accompanying text. n71 See supra notes 50-59 and accompanying text. n72 See supra notes 60-67 and accompanying text. n73 See, e.g., James Lee Ray, Does Democracy Cause Peace, 1 ANN. REV. POL. SCI. 27, 27-46 (1998) (discussing what political scientists call the "democratic peace theory."). n74 See A.R. Palmer, Evaluating Ecological Footprints, ELECTRONIC GREEN J. (Dec. 1998), http://egj.lib.uidaho.edu.proxy.library.vanderbilt.edu/egj09/palmer1.html. n75 STEVEN KINZER, OVERTHROW: AMERICA"S CENTURY OF REGIME CHANGE 1 (2006). n76 See Interview with Chalmers Johnson, supra note 37, in which Johnson states "[l]he base world is separated oil from civilian life. It is serviced by its own airline the Air Mobility Command. There are some 240 golf courses around the world run by the Pentagon, and luxury hotels in downtown Tokyo and Seoul for the use of our troops." Id. The 725 bases do not include the secret bases in Israel, espionage bases, the British bases, or the bases in Kyrgyzstan and Uzbekistan. Id. n77 The draft ended for American males after Vietnam, making military service an option in most American families. In addition, military functions have been outsourced to the private sector. For example, Kellogg, Brown and Root (a subsidiary of Halliburton) now does KP duty, cleans latrines, distributes mail, and cooks meals. n78 See Eisenhower, supra note 22. n79 See supra note 27. n80 See generally JOHN PERKINS, CONFESSIONS OF AN ECONOMIC: HIT MAN (2004) (describing his life as an "economic consultant" in developing countries during the Cold War and beyond, in which his company served as the advance guard for U.S. commercial interests in many parts of the world, ultimately backed by covert intelligence and military operations as needed). n81 Islamofascism: Rhetoric or reality?, THE WEEK, Aug. 25, 2006, at 18. Linguist Geoff Nunberg points out that "Islamic: terrorists are not, properly speaking, fascists. Fascism, as practiced by Hitler and Mussolini, exploited national pride and glorified the power of the state. Islamic fundamentalists like Osama bin Laden and Hezbollah's Hassan Nasrallah owe no loyalty to any state." Id. n82 Broder, supra note 25, at 2387. n83 See, e.g., TED BELL, PIRATE (2005). Bell's overall plot is that agents of the Chinese government -- desperate for oil to fuel their burgeoning economy try to blackmail the United States by smuggling a very large nuclear weapon on board a cruise ship docked in New York harbor. Id. n84 The blame game after Mao took power and the Nationalists took refuge in China took a heavy toll on personal careers, especially those members ol the State Department that happened to be posted in Peking when Mao took power. Senator Eugene McCarthy questioned the loyalty of several career officers. As Anthony Lewis noted in 1983, such tactics were not designed to discover the truth:
In China, we wanted to stop revolution instead of dealing with the economic and political reality on the ground. Then we set out to isolate Mao's regime and for 25 years isolated only ourselves. And, most fatally, the right-wing ideologues fought their political war by branding as traitors all who disagreed with them. They drove the serious China scholars out ol public life, and by that "victory" crippled America's ability to deal with the Far Fast for a generation.
Anthony Lewis, Abroad at Home, Who Lost China? N.Y. TIMES, May 15, 1983, at 193. n85 David Buchan, Oil Company Defends Sudan Operations, FIN. TIMES, Oct. 17, 2001, at 14. n86 Id. n87 Broder, supra note 25, at 2391. n88 Id. Ironically, when asked about China's indirect support for the atrocities in Darfur, a foreign minister from China reportedly shrugged and said "business is business." Id. at 2392. n89 See KLARE, supra note 4. As Klare notes,
[a]n outlook that view economic and security interests as 'inextricably linked' will naturally tend to place high priority on the protection of vital resource supplies. Without a steady and reliable How of essential materials, the American economy cannot expand and generate the products needed to ensure continued U.S. competitiveness in global markets. The uninterrupted (low of energy supplies is especially critical: as the world's leading consumer of oil and gas, the United States must retain access to overseas supplies or its entire economy will face collapse.
Id. at 8.

Given the choice between economic collapse and military conflict, U.S. political leaders will presumably choose conflict. But this "dilemma" is predicated on economic assumptions that ignore environmental costs and an addiction to oil that could be softened and then broken. n90 Broder, supra note 25, at 2387. See also FORT & SCHIPANI, supra note 9, at 188. n91 Cass R. Sunstein, It's Only $ 300 Billion; If We Can Fund the War in Iraq, Why Cant We Fund the Kyoto Protocol, WASH. POST; May 10, 2006, at A25. The National Priorities Project, as of December 3, 2006, estimated the ongoing cost of the Iraq war to be over $ 347 billion. See http://nationalpriorities.org/index.php?option=com_wrapper&Itemid= 182. n92 Friedman, supra note 36, at 36. n93 Id. n94 Id. n95 KEITH BRADSHER, HIGH AND MIGHTY: SUVs--THE WORLD'S MOST DANGEROUS VEHICLES AND How THEY GOT THAT WAY (2002), at 389-96 (describing the lobbying behind the legislative defeat of feasible increases in fuel economy standards in the summer of 2001). n96 Id. See also supra notes 43-46 and accompanying text; supra note 49. n97 Chalmers Johnson does draw analogies to other empires, and does not hesitate to say that if the United States continues on its present course that the nation will go bankrupt. See Interview with Chalmers Johnson, supra note 37. n98 Robert Jackall, Moral Mazes: Bureaucracy and Managerial Work, in HARVARD BUSINESS REVIEW, ETHICS AT WORK 67 (1991) (consider especially the "coking plant" example, at 75). n99 See Edith Brown Weiss, Our Rights and Obligations to Future Generations for the Environment, 84 AM.J. INT'L L. 198, 201-02 (1990). n100 See supra note 3. n101 John McMurtry, Beyond the Collapse: The Eight Noble Truths of Economics, CATHOLIC NEW TIMES, Dec. 4, 2005, at 7. See also infra notes 102-06 and accompanying text. n102 Kenneth E. Boulding, The Economics of the Coming Spaceship Earth, in VALUING THE EARTH: ECONOMICS, ECOLOGY, ETHICS (Herman E. Daly & Kenneth N. Townsend eds. 1993). n103 Douglas A. Kysar, Sustainability, Distribution, and the Macroeconmnk Analysis of Law, 43 B.C.L. REV. I, 6 (2001). n104 Boulding, supra note 102, at 303. n105 Id. at 304. n106 Herman E. Daly, following Boulding and others, is widely recognized for arguing that economics must move past a purely "growth" agenda and create an economics that fits with "sustainable development." HERMAN E. DALY, BEYOND GROWTH: THE ECONOMICS OF SUSTAINABLE DEVELOPMENT (1996). Daly argues that we need a "steady state" economy.

Since the earth itself is developing without growing, il follows that a subsystem of the earth must eventually conform itself to the same behavioral mode of development without growth, alias "sustainable development." This could happen at any scale which is below carrying capacity. The optimal scale, following our basic ethic, would be one that maximizes lives ever lived over time at a sufficient level of per capita resource use for a good life.
Id. at 223. Part Vll of BEYOND GROWTH is titled Ethics, Religion, and Sustainable Development. In essence, Daly leads us to conclude that we are "creatures endowed with creativity but also subject to limits, and have obligations to our Creator to care for Creation, to maintain intact its capacity to support life and wealth." Accordingly, sustainability- not growth must become "the ruling ethic for a Creation-centered economy. Growth in population or per capita resource use would be encouraged or discouraged according to their favorable or unfavorable effects on sustainability, sufficiency, equity, and efficiency." Id. at 224. n107 See, e.g., THOMAS DONALDSON & THOMAS W. DUNFEE, TIES THAT BIND (1999) (articulating an "integrative social contracts theory" that gives plausibility to local norms, but finds (hem persuasive and directive only if consistent with "macro" or "hyper" social norms). n108 Jonathan Rowe, Reinventing the Corporation, WASH. MONTHLY 17 (May/June 1992). See also KORTEN, supra note 14, at 191.
With memories of the abuse ol corporate monopoly power fresh in mind, sentiment in the early days of the new nation demanded strict limitations on corporate charters. Consequently, state legislature issued such charters only for fixed periods to serve narrowly defined purposes, kept a close watch on corporate operations, and retained the power to revoke charters at will. It was also common practice to place specific limits on corporate borrowing, ownership of land, and even profits.
Id. Rowe's article describes the process in the late 1800s by which New Jersey, and then Delaware, provided the most lenient oversight of those wishing to incorporate. At the same time, according to Korten, the power of the state and federal governments were leveraged in favor of "plutocracy." The use of government violence for corporate purposes was evident. Id. at 208-09. n109 Robert Reich, Corporation and Nation, ATLANTIC: MONTHLY, May 1988, at 76-81. n110 See, e.g., William J. Holstein, The Stateless Corporation, BUS. WK. May 14, 1990, at 98. n111 MOISES NAIM, ILLICIT: HOW SMUGGLERS, TRAFFICKERS, AND COPYCATS ARE HIJACKING THE GLOBAL ECONOMY 2 (2005). n112 Id. n113 Id. at 13. "Global crime has not just soared in volume but, thanks to its ability to amass colossal profits, has also become a powerful political force. And the lenses through which we interpret world politics and economics need to be adjusted to this change--urgently." Id. n114 Id. at 20. Part of the problem is that "economic reforms have benefited illicit traders by weakening their enemy. Governments simply have less latitude to act, enforce, and spend as they please." Id. Illicit trade "empowers those who reject or care little for governance and social norms. It provides an economic shelter for rebels, crooks, and terrorists. It stimulated corruption, impairs economic development, and renders more vulnerable the rest of us, who obey the laws and rely on them for protection ... This is no longer about crime rates. It is about global instability." Id. at 265-66. n115 RAYMOND W. BAKER, THE ACHILLES HEEL OF CAPITALISM (2005). n116 Ethan Burger et al., KPMG, and Abusive Lax Shelters Ethical Implications for Legal and Accounting Professionals, J. LEGAL PROFESSION (forthcoming). KPMG was fined $ 456 million by the U.S. government in 2005 for creating and selling abusive tax shelters that were marketed to wealthy individuals and to corporations; the abusive aspect was that these shelters provided a percentage fee to KPMG for large amounts of taxes saved by creating very complicated transactions using foreign assets and offshore tax havens where bank secrecy laws prevailed. See Floyd Norris, KPMG, a Proud Old Lion, Brought to Heel, N.Y. TIMES, Aug. 30, 2005, at C1. "Under new leadership, the firm announced yesterday that it had settled with the Justice Department over the tax shelters, It will pay $ 456 million, and some former partners will face criminal charges. Richard C. Breeder, a former chairman of the S.E.C., will be brought in to monitor the firm's operations." Id.

U.S. Senate investigations found (hat many other accounting firms with the help of lawyers and bankers had pushed the legal limits of tax shelters. See MINORITY STAFF REPORT OF THE PERMANENT COMMITTEE ON INVESTIGATIONS OF THE COMMITTEE ON GOVERNMENTAL AFFAIRS, U.S. SENATE, S. REL NO. 108-34 (2003), available at http://www.senate.gov/govt-aff7_files/sprtlO834tax_shekers.pdf.

Baker contends that abusive tax shelters are but one piece of a larger problem for global capitalism: transfer payments by MNGs that are also intended to deprive OECD nations of tax revenue, and both dubious tax shelters and transfer payments require the same offshore, secret banking and money laundering that aids drug kingpins and terrorists. It is the untaxed, unaccounted-for monies that represent Baker's Achilles' heel of capitalism. See BAKER, supra note 115, at 36-37 ("Illicit, disguised, and hidden financial Hows create a high-risk environment for capitalists and a low-risk environment for criminals and thugs. When we pervert the proper functioning of our chosen system, we lost the soft power it has to project values across the globe. Capitalism itself then runs a reputational risk ... Our own security and prosperity are in part dependent on others having a solid stake in the legitimate free-market system.").

n117 The significant problems we have cannot be solved at the same level of thinking with which we created them." As quoted in The Quotations Page, at http://www.quotationspage.com/quote/23588.html. n118 Roger C. Altman, The Beltway's Energy, WALL ST. J., June 16, 2006, at A14. n119 Id. See also Mallen Baker's comments on politicians and the climate, infra notes 153 and 184 and accompanying text; without corporate environmental citizenship, neither Washington nor any other capital or international institution will have the political courage to set a different course. n120 See supra notes 37--40, 60-67 and accompanying text. n121 Alan Murray's otherwise astute article on green boardrooms misses this same point. In discussing the difficulties of hoards of directors would have in debating the most fractious issues of our times (such as climate change, gay marriage, or genocide in Darlur), Murray concludes that the issue belongs in Washington. Alan Murray, Frustrated Greens Turn to Boardrooms, WALL ST. )., June 7, 2006, at A2. As some corporations have shown, a particular board need not debate global warming, but can certainly create a subcommittee that monitors environmental performance under ISO 14,000, or joins with other companies to urge the creation of institutions and rules that would provide market opportunities through a level-playing field while working toward carbon emission reductions. n122 In 2004, Swiss Re, the world's largest reinsurance company, warned that the economic costs of climate-related disasters threatened to reach $ 150 billion a year within ten years. Because governments often bear the brunt of disaster relief costs, such disasters further erode the possibilities of public goods and participation in needed infrastructure, education, and research or development that the private sector is unable or unwilling to engage in. Paul Rogat Loch, 9-11 in New Orleans, MOTHER JONES, Sept. 2, 2005, available at http://www.moth.erjones.com/commentary/columns/2005/09/91l_in_new_orleans.html. n123 As to the Global Climate Coalition generally, see supra note 48 and accompanying text. As to its demise, sec Lester Brown, The Rise and Kail of the Global Climate Coalition (July 25, 2000), available at http://www.earth-policy.org/Alerts/Alert6.htm. n124 Ford Motors Environmental Candor, N.Y. TIMES, May 15, 2000, at A18. n125 Statement by Bill Ford, Jr., at Ford Motor Company Web site, http://media.ford.com/article_display.cfm?article_id=6217. n126 Damon Franz, Feeling the Heat, E MAGAZINE, Mar/Apr. 2000, at 13 n127 Id. n128 But it was credited with delaying a serious dialogue in the United States regarding the Kyoto Protocol. By contrast, Exxon/Mobil continues to fund efforts to debunk the concept that human activities could alter the global climate. See Logan & Grossman, supra note 49. n129 Lester Brown, The Rise and Fall of the Global Climate Coalition (July 25, 2000), available at http://www.earth-policy.org/Alerts/Alert6.htm. n130 The CERES Principles are a model corporate code of environmental conduct created by the Coalition for Environmentally Responsible Economies (CERES), a coalition of investors, public pension trustees, foundations, labor unions, and environmental, religious, and public interest groups. By endorsing the CERES Principles, companies not only formalize their dedication to environmental awareness and accountability, but also actively commit to an ongoing process of continuous improvement, dialogue and comprehensive, systematic public reporting. See the CERES Web site at http://ceres.org/. n131 DOUGLAS G. COGAN, CORPORATE GOVERNANCE AND CLIMATE CHANGE: MAKING THE CONNECTION (Summary Report), CERES, March 2006 [hereafter, COGAN-CERES] at 2. See also Kara Sissell, Ceres Ranks DuPont, BP as Top Performers on Climate Change, CHEM. WEEK, Mar. 29, 2006, at 57. n132 COGAN-CERES, supra note 131, at 10. n133 Id. n134 The International Climate Change Partnership (ICCP) is a global coalition of companies and trade associations from diverse industries. The ICCP Web site is at http://www.iccp.net. The Mission Statement declares that the ICCP is
committed to constructive and responsible participation in the international policy process concerning global climate change. The ICCP recognizes that the continued growth in emissions of greenhouse gases is an important concern for all nations and that efforts are underway internationally and in national governments to develop policies that address this concern.
n135 Environmental Leadership Council, http://www.pewclimate.org/companies_leading_the_way_belc/. n136 ETHICAL CORE, July 2006, at 4. The U.K. government has "made complying with environmental standards an important criterion for its public: procurement activities." Id. n137 COGAN-CERES, supra note 131, at 14. According to Anderson, a carbon tax would provide conservation incentives for everyone and foster new technologies. Id. n138 Lisa Roller, Special Report GE carries the business case, ETHICAL CORE., June 2005, at 18. n139 Id. n140 WRI describes itself as a global environmental think-tank. See the WRI Web site at www.wri.org. n141 Roner, supra note 138, at 19. See also Greg Schneider, GE Determined to Show More 'Ecomagination; Program Sets Pollution Reduction Targets, WASH. POST, May 10, 2005, at E02. n142 Action Fund Management, LLC, Is CEO Jeff Immelt lobbying against GE's earnings? (letter, March 17, 2006) (copy on file with author). The Free Enterprise Action Fund objected to GE management's lobbying for "global warming restrictions" on the basis that laws and regulations would "potentially raise energy prices, harm the economy, and adversely impact GE." n143 Id. n144 According to the Center for Media Democracy, Steven J. Milloy is a columnist for Fox News and a paid advocate for Phillip Morris, ExxonMobil and other corporations. From the 1990s until the end of 2005, he was an adjunct scholar at the libertarian think tank the Cato Institute. See Center for Media Democracy, Source Watch: Steven J. Milloy, at http://www.sourcewatch.org/index.php?title=Steven_J._Milloy.
Milloy runs the websitejunkscience.com, which is dedicated to debunking what he alleges to be false claims regarding global warming, DDT, environmental radicalism and scare science among other topics, (http://www.junkscience.com/define.htm) His other website, CSR Watch.com, is focused around attacking the corporate social responsibility movement. He is also head of the Free Enterprise Action Fund, a mutual fund he runs with tobacco executive Tom Borelli, who happens to be listed as the secretary of the Advancement of Sound Science Center, an organization Milloy operates from his home in Potomac, Maryland.
Id. n145 Media Release, Pew Center on Global Climate Change (July 13, 2005) (CEO Jeff Immelt noted at the time that GE was "... glad to join Pew's effort to work toward these goals."). n146 A Lean, Clean Electric Machine--The Greening of General Electric, ECONOMIST; Dec. 10, 2005, at 78. n147 Climate Northeast Climate Group, http://www.climatenortheast.org/. n148 Id. n149 Greg Schneider, GE Determined to Show More 'Ecomagination,' WASH. POST, May 10, 2005, at E2. n150 A Lean, Clean Electric Machine, supra note 146, at 78. n151 Id. n152 Id. n153 Mallen Baker, The Crucial Role of Business in Saving the Planet, ETHICAL CORE, July 2, 2006, available at http://www.ethicalcorp.com/content_print.asp?ContentID=4337. n154 COGAN-CERES, supra note 131, at 6. n155 Id. at 1. n156 Bill McKibben, Global, Inc. Goes Green, MOTHER JONES, May/June 2005, at 48. n157 A Lean, Clean Electric Machine, supra note 146, at 78. n158 Id. n159 Lucy Aitkin, Why Green Means Gain, CAMPAIGN, July 15, 2005, at 29. n160 John Browne, Beyond Kyoto, FOREIGN AFF., July/Aug 2004, at 26. n161 Id. n162 See the Interface Corporation Web site at http://www.interfaceint.tom/ Readers and viewers of Joel Bakan's The Corporation will remember Ray Anderson's self-described epiphany on reading Paul Hawken's Ecology of Commerce (1993). See BAKAN, supra note 35, at 71-73.

The Interface mission statement on sustainability says:

Here's the problem in a nutshell. Industrialism developed in a different world from the one we live in today: fewer people, less material well-being, plentiful natural resources. What emerged was a highly productive, take-make-waste system that assumed infinite resources and infinite sinks for industrial wastes. Industry moves, mines, extracts, shovels, burns, wastes, pumps and disposes of four million pounds of material in order to provide one average, middle-class American family their needs for a year. Today, the rate of material throughput is endangering our prosperity, not enhancing it. At Interface, we recognize that we are part of the problem. We are analyzing all of our material flows to begin to address the task at hand.
Interlace, Inc., Our Goals: Sustainability Overview, http://www.interfaceinc.com/. n163 David Roberts, The Truth Behind Wal-Mart's Green Makeover, TOMPAINE.COM, Aug. 16, 2006, available at http://www.alternet.org/story/40054/. n164 Id. n165 U.S. Department of State, Award for Corporate Excellence, http://www.state.gov/c/eeb/ace. n166 U.S. Department of State, Examples of Corporate Responsibility, 2003, http://www.state.gov/e/eeb/rls/othr/25246.htm. n167 U.S. Department of State, Selection Process and Criteria for 2001, http://www.state.gov/e/eeb/ace/2001/80308.htm. n168 Id. at 2. n169 Id. at 20. n170 Ben Schiller, Greenhouse Gas Pressure, ETHICAL CORP., July 2005, at 9. n171 Chris Woodyard, Workers Who Drive Clean Gel Extra Green, USA TODAY, June 8, 2006, at 2B. n172 Id. n173 See Starbucks Corporate Social Responsibility 2005 Annual Report, available at http://www.Starbucks,com/aboutus/csrannualreport.asp?cookie%5Ftest = 1 (last visited Dec. 20, 2006). Starbucks' "Progress Report on Our Performance Environment" notes Starbucks' "climate mitigation strategy," conservation measures in retail store, collaboration with the Bean Cargo Working Group, retrofitting in roasting operations, environmental training for new partners, increases in recycled materials, and more. Id. at 50. n174 News Release, Hewlett-Packard, HP Initiates Social and Environmental Responsibility Program for Supplier Factories in China, June 1, 2006, available at http://www.hp.com/hpinfo/newsroom/press/2006/060601b.html.

In the Focused Improvement Supplier Initiative, participants are required to commit factory management staff to attend monthly social and environmental responsibility training in the Shenzhen and Shanghai regions, providing monthly reports of the progress of corrective actions, "key factory metrics," and other measures for moving toward greater social and environmental responsibility. See the 2006 HP Global Citizenship Report at www.hp.com/hpinfo/globalcitizenship/gcreport/supplychaim.html.

n175 Roberts, supra note 163. n176 Zabihollah Rezace, Help Keep the World Green, 190 J. ACCL. 57, 57 (2000). n177 Ken Stier, Investing in climate change, ETHICAL CORP., June 2005, at 22. See also Rana Koroohar, Eclipse of the Sun, NEWSWEEK, Sept. 20, 2004, at 32. ("Yet since 2002 the worldwide stock-market value of companies developing renewable energy--which includes everything from solar to recycling--has fallen from $ 13 billion to $ 10.7 billion, while the value of fossil-fuel stocks has surged to highs of more than $ 1.2 trillion.") But, as Foroohar notes, the market "is infamous for thinking short term. Meanwhile, multinationals like Sharp, Kyocera, Shell, BP, Sanyo and Mitsubishi are making long-term investments in solar. Sharp earns $ 1 billion in annual revenue from its solar division. General Electric has turned Enron's old win-turbine business into a $ 1.2 billion-a-year business." Id. n178 Id. n179 Id. n180 Lisa Roner, A Change In Natural Environment? ETHICAL CORP., NOV. 2005, at 28. n181 Id. n182 Id. n183 Lucy Aitkin, supra note 159, at 29. n184 David J. Manning, Benefits of Environmental Stewardship, 25 REV. BUS. 9 (2004). n185 Baker, supra note 153. n186 Id. n187 Senge, supra note 1, at 177.

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