Category Archives: Environmental Law

Environmental, Social, and Governance (ESG) Reporting from an Environmentalist’s (Not Investor’s) Lens

Environmental, social, and governance (‘ESG’) reporting is increasingly practiced by companies. But is ESG reporting good or bad for the environment? How might we even approach such a question? The investigation of this question lies at the heart of my paper, ‘[ESG] Reporting from an Environmentalist’s (Not Investor’s) Lens’, published in (2023) 47 Environs: Environmental Law and Policy Journal 52-104.

Liability for Environmental Harm to the Global Commons

On 10 November 1988, the oil tanker Odyssey broke apart in the North Atlantic 700 miles off the Canadian coast. With 132,000 tons of crude oil released into the marine environment, it was one of the largest oil spills to have ever occurred. However, because it occurred in the high seas and did not reach the shores of any state, no response actions were taken, even though marine environmental harm almost certainly occurred. The pollution did not trigger the same sort of response as an oil spill in maritime areas under sovereignty (such as territorial waters) or under national jurisdiction (such as Exclusive Economic Zones) because the harm itself was to the environment per se as opposed to impacting the economic interests of a particular state or private actor. Even if the consequent environmental harm was quantifiable and compensable, it is not clear what legal entities would have the right to recover for the loss suffered. This is a function of the nature of the high seas as a “global commons” area or an area beyond national jurisdiction (ABNJ), where no state has jurisdiction and where harm is suffered by all states and arguably by all humankind, given the interconnected nature of the oceans and the variety of ecosystem services it provides.