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5 Ways to Curb the Power of Corporations and Billionaires
By Jeremy Lent
We need to rein in the destructive power of corporations and billionaires before it's too late. These five ideas would do that, while leaving global capitalism intact. Ultimately, only a complete transformation of our economic system will save our future, but these proposals could set changes in motion that might eventually take us there.
Transnational corporations have become the dominant force directing our world. Humanity is accelerating toward a precipice of overconsumption, and the large transnationals are the primary agents driving us there. We're rapidly losing the Earth's forests, animals, insects, fish, even the topsoil we require to grow our crops. The Earth is becoming denuded of its bounty as every living system is ransacked for resources—not to mention the looming emergency of climate breakdown. As a result, 20,000 scientists have recently issued a public warning to humanity, while prominent academics consider the collapse of civilization this century to be a serious threat.
Transnational corporations are driving humanity to a precipice of overconsumption.
Changes in our personal consumption patterns are important, but are ultimately inconsequential compared with the impact of the transnationals that have come to dominate our global economic and political system. Of the world's hundred largest economies, 69 are now corporations. Political parties in many of our so-called democracies are funded in large part by billionaires, while government cabinet positions are staffed by corporate executives. International bodies setting global policy are infiltrated by corporate agents so successful at entrenching corporate power that even those governments that still prioritize their people's needs can no longer make autonomous decisions without risking crippling lawsuits from the transnationals whose interests they threaten. Meanwhile, countries and cities compete with each other to beg their corporate overlords for investment dollars, even it means undermining public services and legal protections for their own populations.
Environmental groups, recognizing where ultimate power resides, try to pressure corporations to improve practices through the threat of public shaming, with some appreciable results. However, these attempts are necessarily constrained by the very structure of big corporations, which exist to enrich their shareholders regardless of the consequences. The common goal of corporations around the world is to monetize human activity and what's left of nature's abundance as rapidly and efficiently as possible. The overriding purpose of the world's powerful institutional force is thus directly at odds with a flourishing Earth or a viable future for humanity.
Having spent the first part of my career in the heart of the capitalist system, consulting to major international banks and corporations, I developed a sense of the underlying forces that direct the centers of financial power. These ideas are my distillation of what I believe could be effective levers for humanity to take back some control from the increasing hegemony of corporations and billionaires.
If we are to avoid disaster, our global economic system with its gaping inequities and deranged consumption will eventually need to dismantled and replaced by one based on life-affirming principles rather than wealth maximization. These suggestions, even in aggregate, wouldn't do that. They represent mere tweaks in a system that ultimately needs to be completely transformed. But like a modest trim tab that helps redirect an ocean liner, perhaps they could begin to curb the destructive force of transnationals and redirect their enormous power toward a more sustainable path.
1. Triple Bottom Line Required for Corporate Charters
A fundamental reason for the rapacious behavior of transnational corporations is their drive to maximize shareholder value above anything else. While there is no explicit requirement for this in the standard corporate charter, a century of case law has entrenched this principle into the behavior of large corporations to the point that is has become the de facto standard of operation. As a result, if corporations were people, they would be considered psychopaths, utterly devoid of any caring for the harm they cause in the pursuit of their goals.
It is easier, however, to change a corporation's values than those of a human psychopath. All you need to do is change the legal basis of their charter. Instead of pursuing shareholder interests alone, they could be re-chartered with the explicit purpose of achieving a triple bottom line of social and environmental outcomes as well as financial—sometimes known as the "triple Ps" of people, planet and profit.
This alternative corporate value system is already available through chartering as a benefit corporation or certifying as a B-Corp, and has been adopted by more than 2,000 corporations in over fifty countries around the world—including several multibillion-dollar transnationals. My proposal is that, instead of being a voluntary step taken by a select few, this would be a requirement for all corporations above a certain size.
Overnight, the intrinsic character of the corporation would be transformed. Currently, CEOs and corporate boards are faced with continual pressure to grow their earnings at all cost. If they chose to make a humane decision, such as not to exploit a copper mine because of the consequent pollution, they could expect to be sued by shareholders, and possibly acquired by a more ruthless competitor. However, if they were legally required to achieve a triple bottom line, they would weigh up decisions in a more balanced way, as a rational person might. With the board responsible for all three bottom lines, they would have to consider the risk of being sued if they caused excessive pollution, or if they were callous to the needs of the communities where their plants were located.
Currently, large corporations boast of their corporate social responsibility departments that are supposed to care about issues such as employment practices of their suppliers, sustainability of their raw materials, environmental impact of their packaging, gender balance and ethnic diversity in the workplace, and investments in local communities. Suddenly, they would have to stop paying mere lip service to these issues and take them as seriously as marketing costs, revenue growth and distribution channels—the things that CEOs actually worry about when they go home at night.
2. Charter Renewal Required Every Five Years
Changing the corporate charter requirement might not, however, be enough by itself to halt the relentless pursuit of profits by large transnationals. After all, executive pay packages consist of dollars rather than goodwill, and those dollars are linked directly to the share price, which is driven by shareholders' expectation of financial returns. If they could get away with it, they might continue their rapacious practices, while trying harder to look like they're meeting the other two bottom lines.
That's the reason for my second proposal, which is to require that corporations, which currently enjoy what's known legally as a "perpetual existence," get their charters renewed every five years. If they failed to meet pre-established criteria on their two non-financial bottom lines, they would not be permitted to continue in business. Currently, if a company can't meet its financial obligations, it's forced into Chapter 11 bankruptcy proceedings and the value of its stock generally tanks to zero. Under my proposal, executives would also have to consider the risk of declaring "social bankruptcy" or "environmental bankruptcy" as they made their business decisions.
As in currently regulated industries such as banking, the final step of losing their charter would not have to be immediate. If a corporation failed to meet its basic parameters, it could be given a warning, with a time period set to fix things. However, the mere threat of this happening would lead corporate executives to make sure they were well above the criteria required to keep their charter.
Corporations are, of course, highly adept at using their financial resources to influence regulatory bodies through bribes and other mechanisms. To avoid this, panel members responsible to renew the charter would be representatives of the communities and ecosystems covered in the company's scope of operations. Their task would be to weigh up the findings of experienced independent auditors on the company's performance. To minimize corruption, the panel could be chosen by a process of random selection called sortition, just a like a trial jury is chosen in our legal system.
3. Tax Stock Trades Based on the Length of the Holding Period
Powerful as they are, even corporations have their masters: their shareholders. But don't think of the typical shareholder as a Warren Buffet type, sitting back in his leather armchair perusing his holdings. Instead, corporate stocks are subject to the frenetic activity of financial markets, where split-second computer algorithms govern much of the trading. Investment firms spend hundreds of millions of dollars enhancing their computing networks to shave as little as three milliseconds off the timing of their trades. The hyper liquidity of global markets means that investors are obsessed with short-term market trends, which leads corporate CEOs, forever anxious about their stock price, to focus their time horizon on the next quarterly earnings report. Financial valuations apply discount rates to future earnings, which means that an investment paying off thirty years in the future can be worth as little as five percent of its future payoff in the present. Under these conditions, why would any CEO care about the state of the planet—or even their company—thirty years from now?
The financial markets' hyper liquidity drives the short-term orientation of corporate CEOs.
During the 2016 U.S. election campaign, Bernie Sanders proposed a Financial Transaction Tax to pay for free college tuition, setting the rate at 0.1 percent of the transaction. In Europe, discussions are under way to apply a similar EU-wide tax. My proposal increases the tax rate by orders of magnitude, and differentiates based on the length of the stock holding. For example, the tax rate might look like this:
- 10% if the stock is held less than a day
- 5% if less than a year
- 3% if less than 10 years
- 1% if less than 20 years
- Zero if more than 20 years
The effects of this single step would be enormous. The financial services industry would be transformed overnight. High frequency stock trading and same-day traders would disappear. The short-term orientation of the stock market would be replaced by carefully considered long-term investment decisions. A typical mutual fund, which in the U.S. currently turns over its portfolio at the rate of 130 percent a year, could no longer afford to do so, and would have to change its investment decision-making based on sustainable returns. The tax could be waived for individuals experiencing a life-changing event or for simple hedging techniques where, for example, farmers need to lock in the price of their produce at a future time.
The result would be a massive shift away from destructive extractive industries and toward sustainable businesses. For example, the fossil fuel industry is recognized to be vastly overvalued as a result of its "unburnable carbon": the amount of fossil fuels in the ground that can never be burned if the world is to keep climate change below the 2° rise agreed at COP21 in Paris. A recent study estimates the overvaluation as high as $4 trillion. Investors, however, play a game of musical chairs, hoping they won't be the ones left holding the stranded assets. This proposed transaction fee would incent them to dump fossil fuel investments immediately for opportunities in renewable energy with longer-term payoffs.
4. Cap on Billionaire's Assets Over $5 Billion
As corporations have taken increasing control of the global system, they have catapulted founding shareholders and their heirs to previously unimaginable pinnacles of wealth. The combined wealth of the world's 2,754 billionaires is now $9.2 trillion, an amount that has doubled in the past six years, and increased tenfold since the beginning of this century. The magnitude of this wealth is difficult to conceive. The top six billionaires own as much as the lower half of the entire world's population. Taken together, the world's billionaires would represent the third largest economy in the world, behind only China and the U.S., with wealth equivalent to the GDP of Germany and Japan combined.
These six men own as much wealth as half the world's population.
There is no legitimate rationale for this outrageous concentration of such wealth in a few individuals. The argument that the founders of Microsoft, Amazon or Facebook deserve such excessive wealth is no more valid than the belief of the ancient Egyptians in the divinity of their Pharaoh, or the Medieval notion of the divine right of kings. Mark Zuckerberg, aged 33, currently owns more than $70 billion. If someone had singlehandedly miniaturized the transistor, developed the logic for computer code, invented the PC, and come up with the internet, then maybe they'd deserve having close to that amount as a reward for the value they created. But all Zuckerberg did was figure out a way to connect people up in a network that became a bit more popular than other networks, and because of the internet's scale effects, he was the lucky one who hit the jackpot. Zuckerberg merely took advantage of all the other infrastructure work that led to the internet, painstakingly pieced together by millions of people over decades, which has been the real value creator for the world.
In response to this excess, my proposal is to cap billionaires' wealth at, say, $5 billion. It's an arbitrary amount, still obscenely high and presumably more than enough for those who argue that people should receive ample financial rewards for success. Beyond a certain level of wealth, however, what drives these people is power and prestige. This could be tapped by requiring them to donate their excess wealth to a trust over which they could retain some influence.
Such a trust, however, would need to have some strict criteria. While the billionaire could influence the trust's priorities, he would not have control over its activities. The current Bill and Melinda Gates Foundation, for example, while a step in the right direction, is under the total control of the Gateses and Warren Buffet. The foundation set up with much fanfare by Mark Zuckerberg is viewed by experts as little more than a fancy tax dodge.
Each trust would need to avoid interference in a country's political system and be dedicated to life-affirming activities, the scope of which could be based, for example, on the principles of the Earth Charter, a framework for building a just, sustainable and peaceful global society endorsed by more than 6,000 organizations.
The positive impact that these trillions of dollars could have on human and natural welfare would be prodigious. Imagine a country the size of Germany and Japan combined dedicated entirely to serving human and natural flourishing. It would have the resources to end extreme poverty, increase regenerative agriculture to more than a billion acres worldwide, educate hundreds of millions of girls through the Global South, disseminate up to a billion clean cookstoves, and much, much more.
The billionaires of the world, meanwhile, would continue to enjoy enormous wealth, and when they jet to Davos to hobnob with other luminaries for the annual World Economic Forum, they could finally have something worthwhile to boast about.
5. Declare a Crime of Ecocide at the International Criminal Court
Even with all these constraints, the powers of transnational corporations would remain enormous, and there would still be times when, through willful negligence or intentional bad faith, corporate action causes massive environmental damage. A UN study, which remained unpublished, found that the world's largest companies had caused more than $2 trillion of environmental damage, which would cost a third of their overall profits if they were forced to pay for it. Because of their extensive political influence, even their most damaging activities go unpunished. This leads to my final proposal: to declare a crime of ecocide at the International Criminal Court (ICC).
The ICC is an independent judicial body set up by international treaty, the Rome Statute, in 2002 to prosecute war crimes, genocides, and crimes against humanity. While it continues to face serious challenges to its enforcement powers, it has had the effect of putting tyrants everywhere on notice that they can no longer act with impunity. If ecocide—the loss, destruction or severe damage of an ecosystem—were declared a crime by the ICC, this could have a similarly daunting effect on those corporate tyrants who currently know they can get away with devastating the world's "sacrifice zones" where they are pillaging the Earth's resources for profit.
There is a campaign, Eradicating Ecocide, already under way to make this happen. A model law has been drafted, and an Earth Protectors Trust Fund has been set up to permit common people everywhere to become legal Earth protectors. If a two-thirds majority of the Rome Statute signatories were to approve this as an amendment, it would become enforceable globally. Suddenly, corporate boards and CEOs everywhere would realize they are no longer above the law.
There is a strange paradox to consider about these proposals. One the one hand, notice how limited they are in scope. Even if they were all implemented overnight, the global system would not be overturned. People would still go to work and get paid, food would still be on the shelves of the grocery store, the same governments would still be in power, and the internet would still work. The gaping structural inequities of our current world order would continue unabated, and we'd still be consuming far more than our planet can sustain. Ultimately, we need a complete transformation of our global system if our civilization is to survive intact through this century.
On the other hand, it doesn't take a political genius to realize that these ideas are so far from mainstream thinking that they have virtually no chance to be adopted any time soon. They would be considered too radical for even the most progressive mainstream politician to endorse. What does this tell us about our current political dialogue? To me, it suggests that our conversations are too severely constrained by what we're "allowed" to think in terms of how our system works. We need to cast our gaze outside the norms that our billionaire-controlled mainstream media permits us to consider.
Imagine a world where these ideas (or others like them) began to be seriously entertained. How would they even be enforced? The only way corporations could be brought to heel, or billionaires compelled to give up their excess billions, would be a concerted effort led by the U.S. in conjunction with the European Union, and joined by the preponderance of other countries.
This, of course, could only happen if grassroots demand for these ideas spread so powerfully that politicians had to take notice. This is not such an unrealistic scenario, given the worldwide disavowal of the dominant capitalist model: most Europeans have a higher opinion of socialism than capitalism, and even in the U.S., the overwhelming majority see big business as unethical and unfair.
Then, there is the potential "trim tab" effect of adopting these ideas. Even though these proposals alone wouldn't fundamentally transform our system in the way that's needed, they might set changes in motion that could eventually take us there. There may be other ideas more effective than these, and of course each proposal contains within it complications that would need to be worked out carefully. However, my hope is that these ideas invite a new mode of political dialogue, along with a recognition that even in the darkest times, realistic pathways exist toward a thriving future for humanity and the natural world.
The next Occupy movement will need clear demands that lead to specific deliverables.
When the Occupy movement failed to achieve its initial promise, many people pointed to its lack of specific demands as a reason for its demise. If and when the next radical grassroots movement emerges, which may be sooner than you expect, let's make sure they have an array of ideas such as these in their quiver to focus public opinion on actual political deliverables.
There are very few people who really want to see our civilization collapse. If these proposals eventually did get implemented, perhaps even the executives of the transnational corporations might sleep better at night, knowing that they can become part of the solution rather than a force of destruction.
Jeremy Lent is author of The Patterning Instinct: A Cultural History of Humanity's Search for Meaning, which investigates how different cultures have made sense of the universe and how their underlying values have changed the course of history. He is founder of the nonprofit Liology Institute, dedicated to fostering a sustainable worldview. For more information visit jeremylent.com.
Originally published in Patterns of Meaning.
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