49 Magdalena Tomala1 THE ROLE OF GREENPEACE IN

49 Magdalena Tomala1 THE ROLE OF GREENPEACE IN

Magdalena Tomala1
THE ROLE OF GREENPEACE IN ENSURING ENVIRONMENTAL
SAFETY IN THE ARCTIC
Introduction
The Arctic area is one of the last places on the Earth, whose legal status is not
clearly regulated2. It is also a unique and extremely sensitive ecosystem, whose
dysregulation can cause catastrophic changes for all people3. Due to global warming
and the reduction of ice cup in the Arctic Ocean there is the possibility of extraction
of natural resources in the Arctic and the economic benefits from the development
of mining industry. Therefore, there has been increased interest by the entities of
international relations in this area. In the region, we deal with conflicting and even
colliding interests of many countries that claim the rights to the Arctic. Standing
behind them are the powerful oil companies that want to start drilling and production
of oil in the Arctic. The risks associated with extremely low temperatures, the danger
from passing icebergs, poor visibility and distance from human settlements, which
increase the risk of an environmental disaster has been pushed to a back burner4.
In security of the Arctic environment many international non-governmental
organizations making a stand. Among much attention has been particularly drawn to
the Greenpeace, which is trying to influence on the ecological balance and to stop
the entities whose policy will result in more pollution and even degradation of the
ecosystem. This raises the question of the effectiveness and capabilities of the
organization and its impact on the international stage? The purpose of this article is
1
Magdalena Tomala, Ph.D., Jan Kochanowski University, Kielce.
J. Symonides, Status prawny i roszczenia do Arktyki oraz bieguna północnego, „Pa stwo i Prawo”,
No 1, 2008, p. 31-44.
3 R. Przybylak, Współczesne zmiany klimatu w Arktyce, [in:] Zmiany klimatyczne w Arktyce i Antarktyce
w ostatnim pi dziesi cioleciu XX wieku i ich implikacje rodowiskowe, (ed.) A. Styszy ska,
A. A. Marsz, Wydawnictwo Uczelniane Akademii Morskiej, Gdynia 2007, p. 93-110.
4
Greenpeace, Out In The Cold: Investor Risk In Shell's Arctic Exploration, London 2012, April 15,
2015, [online] http://www.greenpeace.org.uk/sites/files/gpuk/Arctic_investor_v9.1_A4.pdf,
p. 11-12.
2
49
to analyze the Greenpeace activity for the Arctic. One can hypothesize that with the
growth of globalization this type of organization role will increase. Combined with
the pressure of public opinion and the media, non-governmental organizations can
more effectively influence the actions of states and international corporations. In this
article institutional-legal method was used to present an analysis of the international
Non-governmental organizations (NGO) – Greenpeace and its objectives, functions,
effects of measures, the impact on others of international relations. This method will
explain the rules and mechanisms of its functioning in a global environment.
This article consists of three parts. The first part will discuss the status of NGO
in terms of the main trends in international relations theory. Analysis will show
increasing importance of these organizations in the international arena.
The second part will discuss international legal possibilities to influence
Greenpeace – as an NGO. The practical activity of Greenpeace in the Arctic, and
an attempt to assess its effectiveness will be presented in the third part.
The status of international non-governmental organizations in international
relations theory
The growing importance of INGO is the result from the processes of
globalization and internationalization, which were initiated with the development of
world trade in the sixteenth century. Until then major players in the international area
were the entities the states and governments and the relationship between them. This
approach presented realists, who emphasized that international relations are
dominated by competing operators and decision-makers working in an international
anarchize environment that is, one in which there is no overarching authority5.
Therefore, the concept has ignored the role of international non-governmental
organizations. As pointed out by Hans Morgenthau, the reason for the marginal role
of international organizations is6:
– the primary role of states in international relations,
– distinction between internal and external policies,
– the image of international relations, which in the eyes of classic realism came
down to a permanent competition for power and influence in the world.
With the assumptions of the theory of realism that international organizations
should be treated as an international institution, the importance of which should be
seen only in the context of the problems of maintaining peace and countries compete
for primacy in international relations.
Neorealism, which appeared in the 80’s of the twentieth century showed the
competition in national and state category, for which the most important element was
to ensure security in the international environment. The difference in the perception
of international organizations between the two approaches lies in the fact that the
5
6
P. Ostaszewski, Mi dzynarodowe stosunki polityczne, Ksi ka i Wiedza, Warszawa 2008, p. 608-609.
J. A. Vasquez, Colouring in Morgenthau: new evidence for an old thesis on quantitive International
politics, “British Journal of International Studies”, No 5, 1979, p. 210-228.
50
role of the latter may have increased, but only in the event that they were able to
outdistance leadership position of the powered state7. At this point, Robert Gilpin
claimed that “the consequence of the uneven distribution of force in international
relations is to subdue the strongest international organizations in the international
community, and what’s involved (...) their transformation into a forum confrontation
of powers”8. Liberal concept that appeared at the end of the seventeenth century with
the opening of the world market, technological progress and the development of
globalization, to recognize the complexity of international relations. To take into
account the assumptions functioning other, non-state international entities. A special
role is attributed to international organizations. In contrast to the realistic balance of
power, liberalism focused attention on the formation of collective security, based on
the interactions taking place in the international forum. In this perspective,
international organizations in conflict situations established an important element of
cooperation and compromise between countries. The most important role to the
international organization attributed functionalism. As notice David Mitrany9,
noticed just how many aspects of economic policy, which have so far identified with
the state, in fact, gone beyond its limits, leading to mutual permeation, and also freely
cross borders. Therefore, they require supervision by international organizations
acting as administrative authorities. Functionalism did not limit their interests to
intergovernmental organizations but also put in the center of the specialized agencies
and institutions, most of which was the nature of the non-governmental organization
type.
Already in 1945, the international community has highlighted the growing
importance of international NGOs. On June 26 in San Francisco in the United
Nations Charter was admittedly not a definition of this type of organization, but this
document gave them some kind of entitlement. As indicated in Art. 71 of the Charter
of the United Nations' Economic and Social Council may contain suitable
arrangements for consultation with non-governmental organizations that deal with
matters within its competence10. Due to this provision, the state gave the right to new
entrants to operate and influence decision-making at the international forum. The
next step in the institutionalization of non-governmental organizations in the
international environment was the resolution No. 288 of 1950, which were specified
in the framework of international law, the concept of non-governmental
organizations as those organizations that were not created on the basis of
7
K. N. Waltz, Political Structures, [in:] Neorealizm and Its Critics, (ed.) R. Keohane, Addison-Wesley,
New York 1979, p. 79-101.
8
R. Keohane, After Hegemony: Cooperation and Discord in the World Political Economy, Princeton
University Press, Princeton 1984, p. 244-246.
9
D. Mitrany, The Functional Theory of Politics, M. Robertson, London 1975, p. 350-360.
10
United Nations General Assembly, Charter of the United Nations. San Francisco 1945, [online]
https://treaties.un.org/doc/publication/ctc/uncharter.pdf. p. 13, (02.04.2015).
51
an international agreement11. According to T. Musialik12, negative definition of nonprofit organizations, therefore, suggests that within international law, the term
should be understood that any other international legal entity, that is, all kinds of
associations, groups, associations, leagues, unions, stocks, congresses operating in
several or a dozen countries. Thus, such organizations will be created by individuals
from various countries or legal persons such as associations grouped into
a federation. Currently the status of NGOs regulate Resolution No. 31 of 1996,
saying that any organization that has not been established by government units, or as
the result of an international agreement, shall be deemed non-governmental
organization. In addition, the scope of the concept also includes organizations that
accept members designated by governmental authorities, provided that the
membership of this type will not interfere with their freedom of expression by the
organization. Constructed definition of international NGOs implies its features,
which have been adopted by the European Convention on the Recognition of the
legal personality of international non-governmental organizations of April 24,
198613:
– the purpose of their actions must be internationally usable and cannot produce
profits,
– created by entities subject to the internal law of the parties,
– actions to take to produce effects in at least two countries,
– have a statutory body to a Party and the central management and control is
exercised in the territory of this or any other party.
In summary, international regulations pose today NGOs possibilities for creating
standards, the right of review and consultation and partnership and cooperation with
the government. In addition, it should be emphasized that the regulations were
developed fields of action for the functioning of the sector and its possible effects on
other participants in international relations.
International-law influence ability of Greenpeace
NGO are an important factor in the creation of action programs in an
international environment, thereby creating a political base and support for their
actions. They contribute to disclose problems that intergovernmental relations move
is not possible or is ineffective due to the particular interests of states.
The need for environmental protection in Alaska contributed to the establishment
of an international NGO Greenpeace. It was founded in 1971 in Vancouver, Canada
as a protest against US nuclear testing on the Aleutian island. Action founders did
11
T. Ło -Nowak, Organizacje w stosunkach mi dzynarodowych. Istota – mechanizmy działania zasi g,
Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2009, p. 24-25.
12 T. Musialik, Organizacje pozarz dowe w prawie mi dzynarodowym, ”Periodyk Naukowy Akademii
Polonijnej”, No 1(6), 2012, p. 115.
13
B. Mielnik, Kształtowanie si pozapa stwowej podmiotowo ci w prawie mi dzynarodowym,
Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2008, p. 192.
52
not end then success, however, the foundation has created an organization that works
to eliminate the biggest environmental threats14.
Currently, Greenpeace is working to protect the environment, has as many as 28
offices and operates in over 40 countries. It is located in Amsterdam. Being a nongovernmental organization is totally funded by individual donors, but does not
accept money from businesses and governments. The main objectives which it
pursues are: slowing climate change, protection of forests, protection of the oceans,
to stop whaling, opposition to the use of nuclear energy and to promote renewable
energy, opposition to genetic engineering and the elimination of toxic chemicals
consumption15.
Greenpeace offices are largely autonomous in conducting a joint global
campaign adapted to local conditions, and to seek the necessary financial support
from individual donors. They support a network of local groups of volunteers who
are involved in many campaigns in their area and to mobilize held protests and
activities all over the world. Greenpeace focuses on the most important
environmental problems of the Earth, mainly by organizing often controversial,
almost on the border of the right of direct action. So it is often criticized for their
actions, especially for the fact that it is too radical, and works on the border of Ecoterrorism. However, despite the criticism of the parties to international corporations
or governments, Greenpeace does not conduct activities based on the abuse of
violence. Although in the light of the theory of realism and neorealism role of NGOs
is minimal, in the course of more than forty years the organization managed to
achieve a number of objectives. Successfully completed a campaign launched by the
founders of Greenpeace, after which, in 1972, the United States abandoned nuclear
testing in the region of the island of Amchitka, south-east of Alaska. In 1988, after
arduous campaign to terminate disposal of hazardous substances into the sea,
London Convention was adopted on prevention of marine pollution and waste
dumping. In 1989 the United Nations prohibited the use of gillnets in the deep-sea
fishing and in 1995 with the support of Greenpeace Russian forest Komi has been
recognized by UNESCO as world heritage16.
Assessing the effectiveness of Greenpeace in the international arena should be
emphasized that not only informs the international community about the dangers of
environmental, but also helps to change the minds of people in this area. Through
their actions can affect the change of international law, thus giving rise to the
conclusion, which has influence on the policy of states and international
corporations.
14
S. Erwood, The Greenpeace Chronicles. 40 Years of Protecting the Planet, Amsterdam 2011, [online]
http://issuu.com/greenpeaceinternational/docs/greenpeacechronicles (20.04.2015).
15
Greenpeace, Greenpeace structure and organization, [online] http://www.greenpeace.org/internat
ional/ en/about/how-is-greenpeace-structured/ (20.04.2015).
16
S. Erwood, op. cit.
53
The activities of Greenpeace in the Arctic
One of the latest programs Greenpeace campaign is conducted under the slogan
“Save the Arctic”17. On the one hand, this unique region is extremely sensitive and
vulnerable to global warming. On the other hand, it is one of the least protected areas
of the globe. Although decreasing the amount of ice threatens Arctic flora and fauna,
though, this exposes access to oil resources18. The possibility of its extraction is
a chance for financial gain for the oil industry. Particularly interested in the Arctic
resources are Shell and Gazprom, who do not care about the consequences of
a possible disaster. It should be noted that the governments of countries remain
dependent on oil humanity the ever increasing levels instead of introducing such
regulations that increase energy efficiency and reduce the share of fossil fuels in the
overall energy balance of the Member. Thus supporting oil companies in their
activities aimed at obtaining new sources of fossil fuels. Although, none of the
companies do not have a plan for what to do, when the oil in a hostile ecosystem
leak, they are looking for a way for the development of Arctic deposits.
No ecological safety is becoming more real, because companies Shell and
Gazprom indicate that they are ready to start drilling in the Arctic waters, and report
that they are ready to experiment with the technology to extract oil in extreme
conditions. However, they don’t have a crisis management plan. These motivations
have decided that Greenpeace decided to act in this region. This organization deals
with the major environmental problems of the Arctic region, organizing
controversial, direct action, that make the problem is perceived by the international
community. They mobilize the community around the world to take action to protect
the Arctic, including the establishment of the Arctic Nature Reserve19. The idea of
establishing around the North Pole Arctic Wildlife Sanctuary intends to introduce
the ban on drilling and industrial fishing. Activists gather signatures of support for
this project, which may convince the UN to adopt a special resolution for the
protection of the Arctic.
An interesting example Greenpeace activities can be campaign against
corporations such as Lego and Shell. As indicated by Greenpeace activists Shell
distorts imagination of our children, and demanding that Lego company breaks
collaboration with the oil giant. Web campaign, conducted through the popular
YouTube seen by more than 6 million people. In the present film, Arctic plunges
into a huge amount of leaking oil. Drowning polar bears, humans, dogs and birds
17
18
19
Greenpeace, Save the Arctic, [online] http://www.greenpeace.org/poland/pl/co-robimy/ratujemyarktyke/ (22.04.2015).
A. A. Marsz, Zmiany pokrywy lodów morskich Arktyki, [in:] Zmiany klimatyczne w Arktyce
i Antarktyce w ostatnim pi dziesi cioleciu XX wieku i ich implikacje rodowiskowe, (ed.)
A. Styszy ska, A. A. Marsz, Wydawnictwo Uczelniane Akademii Morskiej, Gdynia 2007,
p. 145-193.
Greenpeace, Rezerwat Arktyczny. wiatowe tereny wspólne, ochrona rodowiska i bezpiecze stwo
na przyszło , [online] http://www.greenpeace.org /poland/PageFiles/644739/Rezerwat_Arkty
czny.pdf (25.04.2015).
54
lose their place of living and fish dying in the sea. All by Shell, which in the Arctic
extracts crude oil and destroys the environment. The film is called “LEGO:
Everything is NOT awesome”20, and the Arctic in the film is built from Lego blocks
populated with human and animal figures produced by Danish company. In this case,
the environmental organization campaign produced tangible results. President of the
Danish toy company Jörgen Vig Knudstorp interviewed magazine “Politiken”,
saying that he will not extend cooperation agreements with Shell. From Danish gas
stations of the Dutch giant disappeared LEGO cars and Shell logo has been removed
from LEGO blocks. With the Greenpeace campaign contract which value is 81
million Euros expires21. As emphasized Annika Jacobson, a representative of
Greenpeace, the decision of the head of Lego is a signal for the oil companies and
an important step towards halting Shell before extraction of oil in the Arctic.
As emphasized A. Jacobson, a representative of Greenpeace, the decision of the
head of Lego is a signal for the oil companies and an important step towards restrain
Shell before extraction of oil in the Arctic. However, a breakthrough event for the
protection of the Arctic was a protest, which began on August 24, 2012, involving
the occupation belonging to Gazprom's oil rig Prirazłomnaja Pechora Sea. It should
be emphasized that for Russia to conquer the Arctic is a strategic objective, and
deposits, on which the Prirazłomnaja is located in, assessed at 526 million barrels of
oil. Their exploitation is important for Russia, fighting to keep at 27the forefront of
the world's oil producers22.
On the platform there were six Greenpeace activists, including the CEO of this
organization – Kumi Naidoo. They were protesting against the exploitation of oil in
the Arctic and demanded an immediate termination of mining in the region. Once
again Greenpeace activists aboard the Arctic Sunrise tried to get to the oil company
owned by Gazprom platform on September 18, 2013.Once again they wanted to
protest against oil extraction in the Arctic. Then coastguard of the Federal Security
Service (FSB) has intervened, as a result of which the District Court of Murmansk
ordered the arrest for two months all 30 crew members of the ship, including 26
foreigners from 18 countries. Initially Investigative Committee put the objection of
piracy, for which threatened them from 10 to 15 years of imprisonment in a penal
colony23..
20
21
22
23
GreenpeaceVideo, LEGO: Everything is NOT awesome. Youtube. [online] https://www.youtube.
com/watch?v=qhbliUq0_r4 (20.04.2015).
B. Chy , Lego ko czy 50-letni współprac z Shellem. Presja ekologów, „Gazeta Wyborcza”,
October 9 2014, [online] http://wyborcza.biz/biznes/1,101562,16779289, Lego_konczy_50_letnia
_wspolprace_z_Shellem__Presja.html (22.04.2015).
PAP, Aktywi ci Greenpeace weszli na platform Gazpromu w Arktyce, w ród nich jest Polak,
September 18, 2013, [online] http://wiadomosci.wp.pl/kat,1356,title,Aktywisci-Greenpeace-wesz
li-na-platforme-Gazpromu-w-Arktyce-wsrod-nich-jest-Polak,wid,15995736,wiadomosc. html?Ti
caid=113f16 (22.04.2015).
PAP, Greenpeace da uwolnienia aktywistów zatrzymanych przez Rosjan, September 24, 2013,
[online] http://wyborcza.biz/biznes/1,100896,14664610,Greenpeace_zada_uwolnienia_aktywist
ow zatrzymanych.html (22.04.2015).
55
This action was a peaceful protest aimed at stopping the Russian giant fuel from
exploitation of oil resources in the Arctic. During the expedition, Russian
coastguards gave towards the ship units, eleven warning shots and threatened to
opening fire toward the ship, if it does not drift away and also requested the
possibility of boarding the Arctic Sunrise, but met with a refusal of the captain.
According to Ben Ayliffe, coordinator of the Campaign “Arctic Oil” Greenpeace
International such a request was justified and illegal: “The use of such violence
against peaceful protest is totally disproportionate, justified and should not happen
at all. It's absurd. It is obvious that oil companies benefit from the special protection
of the Russian authorities that seem much more interested in silencing than
protecting the peaceful protests against the depredations of the Arctic companies
such as Gazprom (...) the biggest threat to the Arctic is not Greenpeace, but oil
companies, which are determined to extract oil in extremely heavy arctic conditions,
in violation of common sense and scientific advice”24. While analyzing Russia's
actions in this case, it should be noted that the Russian Federation harmed
themselves. Stop Arctic Sunrise cruise participants actuated the international
community and gave international recognition events. The release of activists have
urged, among others, politicians, artists, non-governmental organizations, and more
than one million people from around the world, including the winners of the Nobel
Peace Prize. In view of the medial pressure Putin expressed his view on September
25, 2013 in the Russian city of Salekhard, during the International Arctic Forum, that
it is absolutely clear that they are not pirates25. The pressure of public opinion and
media coverage, which has been attributed to a change contributed to the allegations.
On October 23 the committee announced that the defendants changed the
classification of an act of “piracy” on “hooliganism”, punishable by up to seven years
in prison.
In the case of activists also commented the International Tribunal for the Law of
the Sea in Hamburg, who ordered Russia to release belonging to the environmental
organization Greenpeace ship Arctic Sunrise, along with his entire crew. Verdict that
was pronounced was particularly important, although Russia has tried to disregard
it. In view of this attitude of Russia on March 17, 2014 Greenpeace sued her before
the Court of Human Rights for the arrest of the Arctic Sunrise crew. Claim to take
compensation and a declaration that the members of the ship were illegally
interrogated and detained.
24
Greenpeace, Aktywi ci Greenpeace aresztowani, statek organizacji ostrzelany, September 18,2013,
[online] http://www.greenpeace.org/poland/pl/wydarzenia/swiat/Rosja-Aktywici-Greenpeace-are
sztowani-statek-organizacji-ostrzelany/ (15.04.2015).
25
TVN24, Putin: działacze Greenpeace nie s piratami, ale złamali prawo, September 25, 2013,
[online] http://www.tvn24.pl/wiadomosci-ze-swiata,2/putin-dzialacze-greenpeace-nie-sa-piratami
-ale-zlamali-prawo,357404.html (25.04.2015).
56
Conclusions
Analysis allows to conclude that the role and importance of international nongovernmental organizations is growing. They fulfill important functions in the
international arena. Counterbalance the interests of states and international
corporations. Thus, they are often on the side of the international community,
representing its interests, often neglected and ignored in the policy states or
corporations. One example of such an organization is Greenpeace, which works to
ecology and also deals with matters of the Arctic. Indicates that the extreme weather
conditions in the Arctic, such as drifting icebergs and violent storms, make drilling
in the seabed is extremely risky and possible oil spill is not only an ecological
disaster on the local scale. Although the organization has launched a campaign for
protection of the Arctic only in 2012, appealing to the international community to
create in the region a protected area excluded from the operation of industrial, today
it boasts some success. Activist organizations not only protesting against Shell's
activities, but also Statoil and Gazprom in the far north of the globe. Around the
Greenpeace campaign arose a huge, global movement stand up to the devastation of
the Arctic. Under the appeal for the establishment of the Arctic wildlife signed
a nearly 3 million people around the world.
Can not be regarded that by demonstrating on Prizalomnaja oil rig at Pechora
Sea Greenpeace achieved its objectives. It failed to stop the Russian Federation
before the extraction of oil in such difficult conditions. In May 2014, Putin
announced during a telephone conversation with the head of Gazprom, A. Miller,
start of the first transport of oil from the platform Prirazłomnaaja26. Greenpeace also
failed to prevent signing of cooporation agreements between the Oil Cooperation in
the Arctic which both Gazprom, Rosneft, the Russian state-owned companies have
signed agreements with corporations such as Shell fuel, BP, ExxonMobil and Statoil
for exploitation of deposits in the Arctic.
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Abstract
The Arctic area is one of the last pieces of the Earth, whose legal status is not clearly
regulated. Based on the requirements of the UN Convention. The law the of the Sea is limiting
the time and the opportunity to report territorial claims to the region, intensified action of
countries interested in the Arctic Region. Also, global warming and the reduction of sea ice
increases the possibility of extraction of natural resources in the Arctic. So in this region we
have to deal with the conflicting interests of many countries to who’s the global issues,
including the provision of environmental safety move to the wayside. Therefore, appears the
space in which international organizations may modulate its ecological balance and to stop
the entities whose policy is aimed at pollution and even the Arctic ecosystem degradation.
One of these non-governmental organization is Greenpeace which is trying to influence on
the international corporations and governments in this regard. So the purpose of this article
is to analyze Greenpeace activities for the Arctic and attempt to assess the effectiveness of
its actions in the arena of international politics.
Rola Greenpeace w zapewnieniu bezpiecze stwa regionu Arktyki
Obszar Arktyki jest jednym z ostatnich fragmentów Ziemi, których status prawny nie
został jednoznacznie uregulowany. Wobec postanowienia Konwencji Narodów
Zjednoczonych o prawie morza ograniczaj cej czas i mo liwo ci zgłaszania roszcze
terytorialnych do tego regionu, nasiliły si działania pa stw zainteresowanych Arktyk .
Równie ocieplenie klimatu oraz zmniejszanie si pokrywy lodowej powoduje wzrost
mo liwo ci wydobywania surowców naturalnych w Arktyce. W regionie mamy wi c do
czynienia ze sprzecznymi, a nawet kolizyjnymi interesami wielu pa stw, wobec których na
plan dalszy przesuwaj si problemy globalne, w tym zapewnienie bezpiecze stwa
ekologicznego. Pojawia si zatem przestrze , w której to organizacje mi dzynarodowe mog
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wpływa na równowag ekologiczn oraz na zatrzymanie podmiotów, których polityka
zmierza do zanieczyszczenia a nawet degradacji ekosystemu Arktyki. Jedn z takich
mi dzynarodowych organizacji pozarz dowych jest Greenpeace, który próbuje wpływa na
korporacje mi dzynarodowe oraz pa stwa w tym zakresie. Celem artykułu jest wi c analiza
działalno ci Greenpeace na rzecz Arktyki oraz próba oceny skuteczno ci jej działa na arenie
mi dzynarodowej.
Key worlds: Arctic, environmental protection, ecological safety
Słowa kluczowe: Arktyka, ochrona rodowiska, bezpiecze stwo ekologiczne
Magdalena Tomala, Ph.D., Jan Kochanowski University, Kielce
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