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Accountability - Research Paper Example

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In a world that is increasingly becoming globalised with transnational companies reigning in economic power and supremacy, there is growing laxity in regard to the implementation of environmental regulations and high tolerance to human rights violations…
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Accountability
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?Accountability Introduction In a world that is increasingly becoming globalised with transnational companies reigning in economic power and supremacy, there is growing laxity in regard to the implementation of environmental regulations and high tolerance to human rights violations. The transnational companies currently are not liable to charges in regard to the destruction of the environment under international law which means that when harm is caused to individuals and by extension to future generations by a party, the party is bound to go scot free. What this implies is that international law does not give due respect to environmental accountability. While nations have instituted laws that regulate anthropogenic activities in relation to their impacts on the environment, many of these are lax giving people and organizations to become less accountable to future generations as they degrade the environment. Many have argued repeatedly that the world belongs to the future generation. The future generation in this context is the children and those who are yet to be born. However, the children have neither the power to vote nor the financial or political power to influence decisions made by the government that may affect their future well-being according to the World Commission on Environment and Development (1997)1. This implies that their future wholly depends on the institutional and governance mechanisms put in place by the government. Therefore, to ensure the well-being of the future generation, the government must be accountable to the children at different levels. Accountability, according to the free dictionary, is the duty bestowed upon an organization or individual to account for its actions and accept liability for them as well as disclosing the outcomes of activities to the stakeholders2. Accountability for future generation, therefore, implies protecting the rights of every child in the country by ensuring that they live in an environment that is secure and has adequate health facilities to promote their well-being. Accountability also entails managing and protecting the environment for the benefit of both present and future generation. This can be achieved by guaranteeing both the present and future generations the right to public participation in decision-makings, access to information and justice in matters related to the environment3. This paper examines the concept of accountability in light of the rights and interests of future generation. Part I Various stakeholders demand for accountability, sometimes their demands contrasting one another. Businesses for example demand that the government provide an environment that is safe and secure – one in which business can thrive with minimum threats. Furthermore, businesses demand that the environment is conducive for living. In this respect, the organizations call upon the government to be more accountable in ensuring that the natural environment is clean and devoid of physical threats. On the other hand, the government and members of the public demand that businesses take action to minimize the negative effects of their production activities on the environment. For example, the by instituting carbon accounting laws and instituting regulations regarding the control of environmental pollution by individuals and organizations, the government calls for greater accountability to the environment. The parties of which accountability is demanded, however, often find the responsibility taxing as it is associated with certain costs. It has been noted by several quarters that the future of the planet and generations to come depend on how accountable the present generation is to the environment. With this being the case, the issue of sustainable development has become a subject of great debate as businesses and governments strive to strike a balance between the present use of resources for the profit of organizations and the present generations and the good of future generations. The General Conference of the United Nations Educational, Scientific, and Cultural Organization (UNESCO) that met in Paris, France in 1997 approved a Declaration on the Responsibilities of the Present Generations towards Future Generations. According to the UNESCO declaration, the present generation is obliged to ensuring that the present and future generation’s needs and interests are fully protected. In addition, the Declaration held that the present generation has the obligation to provide the children with a world that will not destroy the human activities in the future. This implies safeguarding the environment by limiting environmental hazards. In this regard, the UNESCO Declaration continued to stress that every generation taking over the earth should at all times be responsible in the manner it uses the natural resources available, as well as ensuring that life is not threatened by the use of harmful modifications of the environment4. The government can ensure accountability in a number of ways. Firstly, through protection and management of the environment to ensure that it is free of pollution. This is because human beings depend much on the environment for survival. For instance, the environment acts as a source of food by promoting agricultural activities in the country. It also ensures that there are enough forests attracting rains, as well as a source of water that flows into rivers. The environment also provides timber used for building and construction. Above all, a conducive environment ensures that people lives a healthy living free of pollution5. However, research indicates that human activities have destroyed the environment, which has led to climate change and extinction of species being witnessed in various parts of the world. Environmental pollution resulting from greenhouse gaseous emissions from industries is cited as the leading pollutant of the environment6. The greenhouse gaseous emissions in the environment raze the ozone layer that protects the earth from excess radiations thereby causing global warming. The U.K. is one of the countries that have witnessed the negative impacts of the global warming caused by environmental destruction by the current generation. The destruction of the environment will certainly affect the well-being of the future organization7. Therefore, it is imperative of the U.K. government to put in place measures aimed at protecting the environment so as to assure the future generation of conducive environment to live in, with abundant quality air, clean water, enough rainfall, and forest cover. This can be achieved easily using a right-based approach8. According to academic viewpoint, Edith Brown Weiss asserted that a right based approach provides the best means of protecting the future generations. In her study, she noted that fairness brings rights and future generations together. Weiss made such a conclusion by linking the current activities and future health and survival, cautioning that the rights of the future generations need to be submissive to the requirements of the present generation. Weiss asserted that the future generation retains the right to be assured of a ground water that is not polluted. Further, it must be ensured that lakes will not be intoxicated, species and animals will not be endangers and the world climate will not be changed dramatically-effects she argues will not be easy to reverse9. In this regard, Weiss views intergenerational right as key to preserving the world for future generation. The U.K. government has made an effort aimed at protecting the environment for the good of the future generation of the country10. This is evident from the regulatory measures that have been instituted by the U.K. aimed at protecting the environment and the U.K. citizens11. For instance, the government has established environmental regulatory measures aimed at reducing the greenhouse emissions by about 80 percent by the year 205012. To achieve this target, the government has enacted laws establishing a threshold of gaseous emissions allowed from industries. In this regard, industries are required to ensure that the limit is not exceeded failure to which the industries are fined huge sums of money. According to the 2005 Kyoto protocol on environmental management and conservation, alternative sources of energy were proposed as one strategy that can help reduce environmental pollution resulting from the use of fossil fuel. This one strategy will certainly help reduce greenhouse emissions when adopted which will ensure that the environment is not polluted for the well-being of the future generation. The U.K. government is already in the process of harnessing renewable sources of energy such as solar power, wind, biomass, and hydroelectric power. In fact, the government has commissioned several projects aimed at harnessing alternative sources of energy in the country. These measures certainly will enable the country to reduce its overreliance of fossil fuel that emits a lot of greenhouse emissions polluting the environment. Research has shown that renewable sources of energy do not have much pollution effects on the environment as the fossil fuels. Therefore, its use will help in protecting the environment, which will certainly ensure that the environment is conserved for the future generation to live in13. The future generation can also be assured of a secure and conducive environment by imposing a total ban on deforestation, or allowing with an assurance that more trees are planted immediately after cutting. This is because deforestation has also been pointed out as a major threat to the environment in the U.K. and other parts of the world. For instance, environmentalists reported that much of the earth’s vegetation cover has been destroyed because of logging and deforestation taking place in various parts of the globe. The U.K. is one of the countries that have seen a reduction in the vegetation cover over the last couple of years as a consequence of various human activities. The destruction, according to the environmentalists has resulted in the destruction of water towers that have dried up for lack of forests. This has seen the water level in many rivers throughout the U.K. recede significantly14. Therefore, imposing a ban on deforestation and encouraging the present generation to plan more trees and participate in environmental conservation will assure the future generation of good world to live in full of abundant clean water derived from rivers and lakes. It will also ensure that there are enough forests to regulate the environment thereby improving the quality of air15. The future generation is also interested in living in a society that is healthy. As a result, the future generation requires the present generation led by the current government to be accountable in relation to their health. This implies ensuring that people are protected from harmful toxic substances that may affect their health. It is thus the duty of the government and the parties concerned to ensure that a country is adequately protected from toxic substance, as well as ensuring that enough health facilities are available in the country to take charge of any emergencies that may happen as a result of toxicities16. In fact, as technology advances, many countries are moving towards adopting nuclear plants either for generation of electric power or for developing atomic weapons. Research reveals that nuclear leakages are very hazardous to human health as it can cause deaths in a matter of minutes. Its effects were seen during World War II when the U.S. used nuclear weapons to fight Japan. Despite its harmful effects, it is also harnessed as a renewable source of energy. The U.K. is one of the nations that use nuclear power as a source of energy17. Because of its harmful effects, the government has to ensure that enough precautionary measures are instituted to make sure that the chemicals do not leak to the environment as this may pose a lot of danger of the citizens both present and future generation. The safety of nuclear power can be assured by ensuring that only experts are awarded contracts to construct the plant, as this would avoid the possibility of accidents. The government must also ensure that the nuclear plants are adequately protected by adversaries that may hit the site causing leakage that may prove harmful to the present and future generation. Indeed, Britain has been so much accountable as far as prevention of nuclear leakage is concerned. This is because there has been no incidence reported of a leakage of nuclear facilities that may pose a danger to the future generation18. The future generation also has a right to be assured of an environment free of unwarranted exposure to toxic chemicals. This is because the toxic chemical is likely to cause diseases that may affect the lives of the future generation in the country. For instance, the U.K. has a number of factories that discharge chemical substances to the sewer system. This implies that, without proper disposure, some of the chemical may end up causing diseases or deaths19. Therefore, it is vital for the government and industries dealing with toxic chemicals to ensure that the chemicals are properly disposed in the sewer, which is then treated properly to intoxicate the chemicals20. The future generation has a right to enjoyment of clean water. In this regard, the present generation has the obligation to ensure that water towers are protected and that no toxic substances are directed to water sources that may contaminate the water for domestic use. This will ensure that the future generation gets access to clean water, which to use for drinking and domestic use. However, as earlier stated, most water towers have today been destroyed as a result of deforestation. Others have been intoxicated by chemical substances that are released from factories as evident in several developing countries across the continent21. Nevertheless, clean water for the future generation can be assured through enactment of laws aimed at securing water sources in the country. This includes laws aimed at prosecuting those found destroying the water towers such as the forest in the country. The U.K. has indeed been at the forefront of ensuring that the country has adequate abundant cleans water for its present and future generation22. PART II It is a matter of fact that some of the measures and proposals that have been put in place aimed at reducing the threats to future generations such as the climate change will not be easy to implement. The U.K. government through the Climate Change Act (2008) has established a long-term strategy aimed at reducing carbon emissions by atheist 80% by 2050 in comparison to 199023. This was in response to achieving the Climate Change Act goal. The hurdle has been on how to enforce these laws because the issue has been both political as well as legal. In this case, some politicians in the country feel that the implementation of the law will affect the operations of many businesses in the nation especially at a time when the country’s economy is struggling to recover. Some companies have also challenged the measures some of the means that the government intends to achieve its greenhouse emission targets. One of the first moves made by the government was to amend the Renewable Transport Fuel Obligation (TFO)24. The plan included a provision of over ?400 million for the manufacture, supply, and use of cars with ultra-low emissions as well as research and development. Another plan involved the creation of a Local Sustainable Transport Fund at a tune of over ?600 and Green Bus Fund among others25. So far, some of the measures have bored fruit as seen through the North Transpennine electrification, which has certainly reduced the level of carbon emissions in the country. However, achieving the emission target may not be easy as it appears at the moment since the 80% level appears to be too high considering that the country depends very much on a number of industries that emit a lot of greenhouse gases26. This implies that these companies will have to be given enough time by the government so as to comply with the new laws fully. This is because most of these companies will need a lot of capital so as to do a face of the old technology. An example is the automobile companies, which will have to introduce new technologies in order to be able to manufacture green vehicles or cars with ultra-low carbon emissions. Since the greenhouse emission target appears difficult to achieve, it is imperative for the government to consider reviewing the law, since, with the political influence, this law can be reviewed and adjusted. Nevertheless, despite the fact that the carbon emission target is reviewable, the intention to review the law may get challenged in court by the environmentalists who certainly will not be ready to accept any review of the law. Since the issue is also political in nature, the idea to review the law may receive stiff opposition from the other countries that signed the Kyoto protocol on environmental protection and conservation27. Other laws such as those aimed at prohibiting deforestation, toxicities from nuclear power, industrial chemicals and clean water may also be difficult to enforce since they are prone to political interference. Conclusion Accountability is very essential as far as environmental management and conservation is concerned. The notion of accountability however implies different things for different parties. While governments demand that individuals and organizations become more accountable with respect to the environment by taking measures to reduce the negative impacts of their activities on the environment, businesses and individuals demand that the government provides a better environment upon which business can thrive. Environmental accountability in this respect comes at a cost which businesses, individuals, and governments wish not to incur. However, it is imperative of the present generation to ensure that the rights and interests of the future generation are taken into consideration at all levels to guarantee them a world that is conducive to live in. This can be achieved by ensuring that there are strong institutional measures and laws in place aimed at ensuring that the interests and rights of the future generation are safeguarded. Bibliography Books B Morgan and K Yeung, An Introduction to Law and Regulation’ (Cambridge University Press, Cambridge 2007) B Morgan and K Yeung, Introduction to Law and Regulation (CUP, Cambridge 2007) D Held and M Koenig-Archibugi, Global governance and public accountability (Wiley, London 2005) E Page, Climate Change, Justice, and Future Generations (Edward Elgar Publishing, Cambridge 2006) Great Britain: Department for Environment, and Food and Rural Affairs, The contribution that reporting of greenhouse gas emissions makes to the UK meeting its climate changes objectives. A review of the current evidence (The Stationery Office, London 2010) Great Britain: Department of Energy and Climate Change, Annual statement of emissions for 2010 (The Stationery Office, London 2012) House of Commons Environment Audit Committee, Evidence, ‘Embedding sustainable development across Government’ (House of Commons Environment Audit Committee 2009) J Jan and R Lucas, Principles of Environmental Sciences (Springer, Birmingham 2009) J Tremmel, Handbook of Intergenerational Justice (Edward Elgar Publishing, London 2006) L Westra, Environmental Justice and the Rights of Unborn and Future Generations: "Law environmental harm and the right to health (Routledge, Oxford 2012) M de los Reyes, The Environmental Interests and Rights of Future Generations: An Analysis of the Concept of Intergenerational Equity in Philosophy and Law (Indiana University, New York, 1997) S Bell and D McGillivray, Environmental law (Oxford University Press, Oxford 2008) Science and Environmental Health Network. An Environmental Right for Future Generations Model State Constitutional Provisions and Model Statute (The International Human Rights Clinic at Harvard Law School, Harvard 2008) Science and Environmental Health Network. Models for Protecting the Environment for Future Generations. The International Human Rights Clinic at Harvard Law School (Science and Environmental Health Network, Harvard 2008). Journals Action Plan, Northern Ireland Greenhouse Gas Emissions Reduction (Action Plan 2011) 2-139. C LeRoy, ‘Environmental Accountability and Public Involvement’ Pace Environmental Law Review, (2004) Vol. 21, No. 243, accessed on 15 November 2012 C Reid, ‘A new sort of duty? The significance of "outcome" duties in the Climate Change and Child Poverty Acts’ (2012) Public Law 749 D Bodansky, "The Legitimacy of International Governance: A Coming Challenge for International Environmental Law?”(1999) Scholarly Works. Paper 443. accessed on 14 November 2012 G Lothar, ’The American Journal of International Law’ Vol. 84, No. 1 (Jan., 1990), pp. 207-212 JR Read More
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