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Transversal harm, regulation, and the tolerance of oil disasters

Transversal harm, regulation, and the tolerance of oil disasters
Transversal harm, regulation, and the tolerance of oil disasters
Law, through regulation, criminalization and litigation, provides key mechanisms for mitigating the harmful effects of oil disasters. At the same time, these mechanisms also enable the perpetuation of oil disasters under an extractivist imperative. This disaster tolerance is the point of departure for this paper’s examination of the legal response to the 2010 Deepwater Horizon disaster over the last decade. Based on a methodology that combines a social harm approach with the political ecology of Felix Guattari, we first present a reconceptualization of harms inflicted by oil corporations across three registers: environment, society, and subjectivity. We subsequently introduce the concept of transversal harm, which allows us to move beyond the criminal and civil damages of corporate crime and negligence and to capture the collective and continuous impact of oil extractivism, as opposed to the exceptional impact of oil disasters. Transversal harm opens new avenues for assigning corporate responsibility and reducing disaster tolerance as the by-product of environmental law.
oil regulation, disaster tolerance, social and environmental harm, corporate liability, Deepwater Horizon, Felix Guattari
2047-1025
Boukli, Avi
4a3963f7-7d82-485b-889b-a7cb7ae11888
Kotsakis, Andreas
4b19d35e-9065-4b26-b099-9a6a2f483c97
Boukli, Avi
4a3963f7-7d82-485b-889b-a7cb7ae11888
Kotsakis, Andreas
4b19d35e-9065-4b26-b099-9a6a2f483c97

Boukli, Avi and Kotsakis, Andreas (2022) Transversal harm, regulation, and the tolerance of oil disasters. Transnational Environmental Law. (In Press)

Record type: Article

Abstract

Law, through regulation, criminalization and litigation, provides key mechanisms for mitigating the harmful effects of oil disasters. At the same time, these mechanisms also enable the perpetuation of oil disasters under an extractivist imperative. This disaster tolerance is the point of departure for this paper’s examination of the legal response to the 2010 Deepwater Horizon disaster over the last decade. Based on a methodology that combines a social harm approach with the political ecology of Felix Guattari, we first present a reconceptualization of harms inflicted by oil corporations across three registers: environment, society, and subjectivity. We subsequently introduce the concept of transversal harm, which allows us to move beyond the criminal and civil damages of corporate crime and negligence and to capture the collective and continuous impact of oil extractivism, as opposed to the exceptional impact of oil disasters. Transversal harm opens new avenues for assigning corporate responsibility and reducing disaster tolerance as the by-product of environmental law.

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TEL-101-2021.R2-pre-edit-Kotsakis-Boukli - Accepted Manuscript
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TEL-101-2021.R2-pre-edit-Kotsakis and Boukli - Accepted Manuscript
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More information

Accepted/In Press date: 14 July 2022
Keywords: oil regulation, disaster tolerance, social and environmental harm, corporate liability, Deepwater Horizon, Felix Guattari

Identifiers

Local EPrints ID: 471311
URI: http://eprints.soton.ac.uk/id/eprint/471311
ISSN: 2047-1025
PURE UUID: 31085b6e-34cb-4e7a-8fa5-9e591994fdb5
ORCID for Avi Boukli: ORCID iD orcid.org/0000-0003-4281-1664

Catalogue record

Date deposited: 02 Nov 2022 17:47
Last modified: 03 Nov 2022 03:08

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Contributors

Author: Avi Boukli ORCID iD
Author: Andreas Kotsakis

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