{"title":"Legal rights and wrongs: internationalising Bhopal.","authors":"I. Jaising, C. Sathyamala","doi":"10.4324/9781315070452-6","DOIUrl":"https://doi.org/10.4324/9781315070452-6","url":null,"abstract":"On December 2, 1984, in Bhopal, India, more than 40 tons of toxic gas escaped from the Union Carbide (UC) factory, an event predicted by an Indian journalist, whose warnings were ignored. This disaster could have changed the nature of the chemical industry and caused a reexamination of the necessity to produce such potentially harmful technologies. Not only has it changed nothing, except for the suffering of its victims, it has practically been forgotten. The immediate reaction of UC was that in the treatment of the victims. In fact, the company has never revealed what was in the toxic cloud that night. Litigation was sparked by the descent of US lawyers who gathered as many clients as they could in Bhopal and filed suits in the US. The Indian government then entered the picture and enacted a strategy which gave them sole authority to litigate on behalf of the victims. The lawsuit was subsequently transferred to India at UC's bequest, and all medical information concerning the disaster was made confidential. An important course of treatment was withheld from the victims, again at UC's insistence, because it would have been a marker of the nature of the exposure. After 5 years with no settlement, the Union of India and UC agreed on a figure of US $470 million, despite gross underestimation of the nature and extent of the injuries and even the number injured (the government estimated 4,000 permanently disabled, while independent analysis gleaned numbers up to 400,000). The settlement also ignored the possibility of longterm effects and unsuspected complications as well as of carcinogenic and mutagenic changes. The event at Bhopal and the 7-year-process of litigation require a reconsideration of the concept of compensation for longterm consequences and the responsibility and liability associated with potentially hazardous substances. The Bhopal experience shows that the origin of rights continues to rise from ownership of property instead of from the needs of individuals. Individual rights are political in nature: freedom of speech, to vote, and to form associations. Thus, there is no right to protection of the environment, which would recognize collective control of common resources. Instead, the state continues to control and own all natural resources. Since ownership of property is linked to rights, all rights can be assigned a monetary value. The value of a life is thus linked to the economic terms of its productive capacity. The environmental movement is presenting a challenge to the structure and operation of law by demanding rights for the earth's life-support systems rather than rights over property. The positive right to protection is being sought, rather than the negative relief of damage compensation.","PeriodicalId":84575,"journal":{"name":"Development dialogue","volume":"1-2 1","pages":"103-15"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70625527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Environmental degradation and subversion of health.","authors":"M Shiva","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":84575,"journal":{"name":"Development dialogue","volume":" 1-2","pages":"71-90"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22015265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Using technology, choosing sex. The campaign against sex determination and the question of choice.","authors":"","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":84575,"journal":{"name":"Development dialogue","volume":" 1-2","pages":"91-102"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22015266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"After the forest. AIDs as ecological collapse in Thailand.","authors":"A D Usher","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":84575,"journal":{"name":"Development dialogue","volume":" 1-2","pages":"13-49"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22015297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The seed and the earth. Biotechnology and the colonisation of regeneration.","authors":"V Shiva","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":84575,"journal":{"name":"Development dialogue","volume":" 1-2","pages":"151-68"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22015263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Filipino peasant women in defence of life.","authors":"L. B. Ayupan, T. G. Oliveros","doi":"10.4324/9781315070452-8","DOIUrl":"https://doi.org/10.4324/9781315070452-8","url":null,"abstract":"AMIHAN, the Peasant Women's Federation, is working to counteract the devastating impact on agricultural workers and the environment of the Philippine government policy of appropriating farm land for industrial development purposes. Peasant women organized by AMIHAN have, in some cases, forced survey teams and tractors prepared to clear the land to turn away. A major target for protest has been the Calabarzon development project, which seeks to construct industrial estates for export processing in the fertile agricultural areas surrounding Metro Manila. This process will require the displacement of 100,000 peasant families without any guarantee of compensation. Lacking any other means of feeding their children, peasant women in the areas covered by the Calabarzon project are selling their bodies to engineers, soldiers, and other project staff in exchange for rice. Not only are Filipino peasant women facing economic displacement and degradation, they also are witnessing the long-term effects of prolonged exposure to the pesticides and chemical fertilizers that were forced upon them during the so-called Green Revolution. Increased rates of spontaneous abortions and stillbirths, as well as chronic health problems, have been recorded. Many of the foreign-based corporations that will be setting up plants in the project area have been shut down in their own countries due to pollution hazards, meaning that such health problems will intensify further. Moreover, since the project area is a leading fruit, coconut, and rice producing region, food self-sufficiency will become a national crisis and the percentage share of land devoted to food crops versus cash crops will decline dramatically from the 1989 level of 63%. Biodiversity and soil fertility are threatened in the upland areas to which peasants are migrating. AMIHAN is working to end the use of chemical fertilizers and pesticides through integrated pest management and is promoting organic farming methods to restore soil fertility.","PeriodicalId":84575,"journal":{"name":"Development dialogue","volume":"1-2 1","pages":"131-40"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70625568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Environmental degradation and subversion of health.","authors":"M. Shiva","doi":"10.4324/9781315070452-4","DOIUrl":"https://doi.org/10.4324/9781315070452-4","url":null,"abstract":"When the concept of 'maldevelopment' was launched in the context of the 1975 Dag Hammarskjold Project on Development and International Cooperation, it was primarily intended to characterize the over-supply and over-consumption of inessential and unnecessary goods and services in the industrialized countries and in their small annexes in the Third World. In this contribution, Mira Shiva shows how 'maldevelopment' is expanding in the Third World together with the increase in abject poverty. This trend can be described as one of irrational excess on the one hand and of extreme deprivation on the other. What large segments of the population are deprived of are, as Mira Shiva emphasizes, essentials like food, clean water and air, health care, and safe living and working conditions. The excess, on the hand, 'consists of the bombarding of our beings, our lives, and our environment with hazardous gases, chemicals and biological contamination, i.e., irrational and inessential toxification'. In her contribution, Mira Shiva also provides a series of other striking examples of how Third World societies are flooded with inessentials in the midst of an increasing scarcity of essentials. She ends her thought-provoking article with a section devoted to the politics of population policies, an area where the North for more than 30 years has been trying to solve problems of extreme deprivation of essentials with an ever-increasing number of hazardous and irrational technological fixes. Dr. Mira Shiva is one of India's best-known health activists and the author of many papers and articles on health, environment, and women's issues.","PeriodicalId":84575,"journal":{"name":"Development dialogue","volume":"1-2 1","pages":"71-90"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70625429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Using technology, choosing sex. The campaign against sex determination and the question of choice.","authors":"","doi":"10.4324/9781315070452-5","DOIUrl":"https://doi.org/10.4324/9781315070452-5","url":null,"abstract":"Women's groups and people's science and health groups formed the Forum Against Sex Determination and Sex Pre-Selection in November 1985 in Bombay, India, to prevent sex determination and sex preselection tests. The Forum considered sex determination and sex preselection to be an abuse of science and technology against people, especially women. Between 1901 and 1991, the sex ratio fell from 972 females/1000 males to 929/1000. The Forum saw the issue of sex determination and sex preselection as a link to oppression of and discrimination against females in all sectors of society. It also believed this to be a human rights issue. The Forum lobbied for a law regulating diagnostic techniques without banning them, since determining chromosomal abnormalities is important. The State of Maharashtra passed such a law in June 1988. It had some provisions which were counter-productive, however. For example, women undergoing a sex determination test must pay a fine of Rs 5 if found guilty of planning to terminate a pregnancy of a female fetus. Yet, neither the husband nor parents-in-law are liable, even though they often pressure women to undergo sex determination tests. The Forum's efforts and enactment of the law in Maharashtra have prompted other state governments and the central government to propose similar legislation. These state governments include Goa, Gujarat, and Orissa. The central government has met with organizations and individuals lobbying against misuse of diagnostic tests to obtain their counsel. The Forum does not feel comfortable with state control, however, since it tends to consider government to be against the people. Yet, the Forum did want the state to protect women's interests. It has raised important questions about technology, particularly concerning criteria to determine desirable and appropriate technologies.","PeriodicalId":84575,"journal":{"name":"Development dialogue","volume":"1-2 1","pages":"91-102"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70625444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Filipino peasant women in defence of life.","authors":"L B Ayupan, T G Oliveros","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":84575,"journal":{"name":"Development dialogue","volume":" 1-2","pages":"131-40"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22015262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}