LAND/WATER: Mountains, Rivers, Rights

Taranaki Maunga is now a legal person with environmental protection. Photograph of Mt Taranaki, 2006, by Ppe42-commonswiki, public domain.

Taranaki Maunga, or Mount Taranaki (formerly known as Mt. Egmont when the original name was changed by colonialists), is sacred to the Māori of New Zealand. Now, that landmark, snow-capped volcano second highest in New Zealand at 8,261 feet (2,518 meters), has achieved legal personhood. With the ruling this month, Taranaki Maunga’s empowerment law – Te Kāhui Tupua – will be safeguarded by a four member team appointment by the Conservation Ministry.

Whanganui River achieved legal personhood in 2017. Photograph by James Shook, 2005. Creative Commons 2.5.

Taranaki Maunga joins the Whanganui River, New Zealand body of water recognized as a legal person in 2017. Three years earlier, Te Urewera, a forest on North Island, achieved legal personhood status.

“Presque Isle State Park on Lake Erie.” Photograph by Robert K. Grubbs, edited by Holly Cheng. Public Domain.

While New Zealand might be the first country to recognize special areas of nature as people, it is not alone. Bolivia declared the legal rights of nature in 2010, and in the US, Lake Erie proposed protection and rights.

Image: “Map -1844,” British Library HMNTS 10480.e.21. Public Domain.

This era of climate change, and in some countries the executive orders renaming of mountains and bodies of water, can the sustainability and health of critical natural resources achieve greater protection through establishing rights of nature? For example, should rivers in drought locations receive legal protection? Is there an area of natural resources near you that merits protection for sustainability?

Colorado River declared tier levels for water allotments during drought. The transboundary water source involves US, México, and many sovereign tribal nations like the Navajo. Should the Colorado River be considered for legal personhood? Image: “Horseshoe Bend, Colorado River” by Charles Wang, 2023. Creative Commons 4.0.

Associated Press. “A New Zealand mountain has been granted personhood.” 30 January 2025. CNN. https://www.cnn.com/2025/01/30/travel/mount-taranaki-personhood-new-zealand-intl-hnk

Brooke, K. Lusk. “Database of Water Laws.” Renewing the World: Water. 2024. ISBN: 979898503591951799. See also website for FREE DOWNLOAD of database. https://renewingtheworld.com/files/samples/Renewing-The-World-Water-Database-Laws.pdf

Brooke, K. Lusk. “Voice of the Future 2019: Nature.” https://blogs.umb.edu/buildingtheworld/annual-voices-of-the-future-award/voice-of-the-future-2019-nature/

Estado Plurinacional de Bolivia. “Ley de Derechos de La Madre Tierra.” 2010. https://www.scribd.com/document/44900268/Ley-de-Derechos-de-la-Madre-Tierra-Estado-Plurinacional-de-Bolivia

Lake Erie Bill of Rights. “Drewes Farm Partnership and State of Ohio v City of Toledo.” Case No. 3:19 CV 434. 02/27/20 Page ID #822. https://www.utoledo.edu/law/academics/lil/pdf/2019/Lake-Erie-Bill-of-Rights-GLWC-2019.pdf

Stone, C. Should Trees Have Standing? Law, Morality, and the Environment. 3rd edition 2010. Oxford University Press. ISBN: 978199736072

Te Awa Tupua (Whanganui River Claims Settlement Bill). 20 March 2017. https://www.legislation.govt.nz/act/public/2017/0007/latest/whole.html

US and México. “Utilization of the Waters of the Colorado River and Tijuana Rivers and of the Rio Grand between the United States of America and México. 3 February 1944. https://www.usbr.gov/lc/region/g1000/lawofrvr.html

US Department of the Interior. “Review of the Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake Mead: Upper and Lower Colorado Basin Regions.” December 2020. https://www.usbr.gov/ColoradoRiverBasin/documents/7.D.Review_FinalReport_12-18-2020.pdf

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U

TRANSPORT: Interoceanic Connections

Geography is destiny, some observe. Timing accelerates the pace. And now, climate might be changing both. It is Mexico’s time?

Mexico’s Isthmus of Tehuantepec connecting Pacific to Atlantic might complement the Panama Canal, and offer a number of opportunities for transport. Image: “Isthmus of Tehuantepec” by Kbh3rd, 2007. Creative Commons 3.0. Included with appreciation.

Mexico’s Isthmus of Tehuantepec, spanning the Pacific Ocean from Oaxaca to the Atlantic Gulf at Veracruz, has always fascinated visionaries who could see a highway, a railway, or a canal opening a transoceanic route of 188 miles (303 kilometers). Archival records show 16th century sketches of a connection. In 1811, a canal was proposed by Alexander von Humboldt who had traveled to the isthmus from 1799-1804: he also proposed another connective site that is now the Panama Canal. The route chosen by von Humboldt made clear the advantage of geography that can offer connection.

Map of Alexander von Humboldt’s expedition: 1799-1804. Image by Alexrk2, 2009. Creative Commons 2.5. Included with appreciation.

Macro engineering needs the right time and the right leader. The Channel Tunnel, linking England and France, had been envisioned by Napoleon, resisted by General Wolseley, but finally achieved in a design initiated by Frank P. Davidson along with a team of diplomats, engineers, and financiers: it is now the site of Eurotunnel.

Not everyone seeks closer connection. General Wolseley, seen here riding the fleeing lion, opposed the Channel Tunnel. Image: F. Graetz, 1885, from Puck Magazine. Public Domain.

Many tried to optimize the connective advantage of Mexico’s Isthmus of Tehuantepec. Mexico’s President Anastasio Bustamante proposed an 1837 plan for a railway. In 1842, the government (provisional) of Antonio López de Santa Anna granted José de Garay a fifty-year toll collection privilege in return for a survey leading to construction. (A similar provision was granted to Ferdinand de Lesseps who then built the Suez Canal.) When Porfirio Díaz, who hailed from Oaxaca, rose to the Mexican presidency, he inaugurated the first operation of the Railway from the port of Santa Cruz, carrying sugar from Hawaii. Six years of success ensued: 850,000 tons of cargo traversed the isthmus.

Railway won: Mexico launched the first railway in 1850. More would follow. Image: Announcement of Mexico’s first railway, 1850. Public Domain.

But then, in 1914, disruptive new technology happened: the opening of the Panama Canal. Isthmus rail traffic plummeted by one third; the next year, by 77%. Panama was shorter (just 40 miles or 65 kilometers), easier, and more cost effective because cargo loaded on a ship could remain onboard the same vessel that would carry it on to global ports. As many as 32 -37 ships passed through the Panama Canal every day – in just 8 hours. The Panama Canal widened the route; container ships grew in size and capacity.

Panama Canal, NASA image, 2002. Public Domain.

In 2023, a new situation threatened the Panama Canal: climate change. Drought threatens the region. The waterway, widened to accommodate ever-larger ships, may no longer support the heaviest behemoths. Limiting the number of ships per day began in 2023. If drought is severe, ships have to wait offshore for longer (and more expensive) periods; some buy their way up the line. Image below shows ships queuing up to traverse the Canal in 2023.

Enter Mexico. Observing an opportunity, the government began modernization of the Tehuantepec Railway and Oaxacan port of Salina Cruz. New tracks, re-laying of supportive basalt, advanced welding improved the railway. Construction of a breakwater outside the Salina Cruz strengthened the port. A new name was the cap that would announce a global vision: Corredor Multimodal Interoceánico (Interoceanic Multimodal Corridor). The railway is a centerpiece, both historic and futuristic. But much more is planned.

Railway is central but much more is planned. Image: Logo of Ferrocarril Interoceánico, CIIT, 2024. Public Domain.

The project will include a trans-isthmus pipeline connecting the two ports. In response, Salina Cruz will host a liquified natural gas (LNG)  plant; that gas will then power ten new industrial parks. Businesses signing on will reap tax breaks for meeting job creation goals. Mexico’s commitment to natural gas expanded the network of pipelines nationally by 50% in the past decade; yet the South and Southeast receive less of that energy. Along with LNG, an existing oil refinery will turn residue into additional petroleum increasing the fossil fuel production by 70,000 barrels. In an area of the world were solar, wave, and wind may offer more environmentally sustainable opportunities, some question the direction of investment. But new partners like Copenhagen Infrastructure Partners will pursue green hydrogen, as well.

Some of the businesses moving to CIIT industrial parks may include those producing green hydrogen. Image: “NGC 604, ionized hydrogen in the Triangulum Galaxy” by Hui Yang, University of Illinois and NASA, 1995. Public Domain.

While a canal is not planned, cargo ships are invited to offload their cargo on the Pacific side, carry the containers across the railway stretch, and then re-load on the Atlantic side, probably to a partner vessel. With drought compromising the Panama Canal, Mexico may attract maritime shipping traffic, perhaps picking up 5% of Panama’s commerce. That would be a small percentage of a big number: in 2023, the Panama Canal’s revenues reached $4, 968 billion.

Zapotec civilization flourished in Oaxaca from 700bce – 1521ce. Zapotec culture and values remain strong. Here, Cocijo, Zapotec deity of water. Image: photograph by Yavidaxiu, 2011. Creative Commons 3.0. Included with appreciation.

In all of the activity initiated by the Corridor, as it is known in English, and its potential to offer opportunity to southern Mexico, not everyone is sanguine: the First Nation and indigenous communities have expressed concern. Zapotec leaders won a lawsuit protesting land purchase for one of the planned industrial parks. Land payments also troubled a Zapotec activist who had protested the distribution of the funds: when he was found dead, such violence raised more concern – and fear. Human rights violations began to be raised. Mixe community leaders blocked progress on their section of the Railway: arrested protestors were released in response to demands by the National Indigenous Council. Indigenous concerns include disturbance of agricultural soil health and biodiversity.

Mexico’s new President Claudia Sheinbaum, climate scientist, takes office 1 October 2024. Image: “President Elect Claudia Sheinbaum, 2 June 2024” by photographer EneasMx, 2024. Creative Commons 4.0. Included with appreciation.

Geography, destiny, and climate change may speed the future of the Interoceanic Corridor of the Isthmus of Tehuantepec (CIIT). How will environmental scientist Claudia Sheinbaum, PhD, Mexico’s new president who begins a six-year term on 1 October 2024, work with Oaxaca, and its unique geographical and cultural gifts, to build Mexico’s future?

Bourke, India. “Claudia Sheinbaum: What a climate-scientist turned president might mean for global efforts to tackle climate change” 7 June 2024. BBC. https://www.bbc.com/future/article/20240607-claudia-sheinbaum-mexicos-new-climate-minded-president

Davidson, Frank P. and K. Lusk Brooke. “The Channel Tunnel: England and France,” Chapter 39, pages 761 – 804. Volume II. Building the World. Westport: Greenwood Press, 2006. ISBN: 978313333743.

Matheiros, Gabriel. “Panama Canal’s revenue up 14.9% in 2023 despite lower cargo.” 23 February 2024. Datamar News. https://www.datamarnews.com/noticias/panama-canals-revenue-up-14-9-in-2023-despite-lower-cargo/

Mexico, Government of. “DECRETO por el que se crea el organismo público descentralizado, con personalidad juridica y patrimonio propio, no sectorizado, denominado Corredor Interoceánico del Istmo de Tehuantepec.”14 June 2019. Diario Oficial de la Federación. https://dof.gob.mx/nota_detalle.php?codigo-5562774&fecha=14/06/2019#gsc.tab=0

Wall Street Journal. “Mexico’s Interoceanic Corridor.” 2024. VIDEO. https://www.youtube.com/watch?v=NMDCKpmc-uo

Appreciation to Charles E. Litwin for sharing research.

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U

 

CITIES: Labor Day – Unions and Collective Voice

Labor Day is celebrated in Canada and the US on the first Monday of September. The holiday’s history is one of unions and collective voice. Image: Paramount Pictures, 2014. Public Domain.

SEPTEMBER LABOR DAY – Observed in Canada and the US, honors workers and their rights including the right to organize. Those rights were born and nurtured in the nest of cities.

Sign of a glass or glazier guild, from Germany. Image: Cretive Commons 2.0. Included with appreciation.

GUILDS, UNIONS, ILO – Unions go back to medieval times. When the feudal system changed to free independent skilled labor, craft workers moved to cities and banded together to form guilds. But when outsiders, non-guild members or not even industry professionals, began to own the companies that hired the workers, unions developed. (Brentano)

International Labour Organization (ILO) logo. United Nations. Public Domain.

The inclusive, and protective spirit of the guilds, and unions, may today be kept in the International Labour Organization (ILO). Founded in 1919 to bring together governments, employers, and workers of the Member States of the United Nations (ILO is its only tripartite agency), the ILO seeks to promote social dialogue among all three, with special attention to Sustainable Development Goals (specifically: SDG 8 regarding work and growth, SDG 10 reducing inequalities, and SDG for justice and peace).

Workers’ hours have been a constant theme in unions, labor, and rights. Image: “Animated clock” by Balti sahib, Creative Commons 3.0.

HOURS – With unions came working conditions. Work days could last as long as 10 hours, and the work week could be six days, until 1593 when Spain became the first nation to declare a law to limit factory and building workers to an eight-hour day. The Ordenanzas de Felipe II included an interesting aspect that applies to today’s emerging worker rights law: a mandatory break between morning and afternoon work periods was ordered – to avoid the sun’s heat. In the 19th century, Robert Owen proposed a day sectioned into three parts: eight hours of labor; eight hours of recreation eight hours of rest. The movement reached farther shores when stone mason workers marched from Australia’s University of Melbourne to Parliament in Australia to establish the law.

Both Peter and Matthew McGuire both advocated the establishment of a holiday to honor the craft and skill of workers. The first Labor Day celebration took place in New York City in 1882: both McGuires were present. Image: Maguire (McGuire) family crest, Creative Commons 3.0.

CRAFT AND SKILL – In the United States, the first proposed Labor Day holiday originally honored labor as art and the skills of craft. Peter J. McGuire, general secretary of the Brotherhood (a guild name that needed updating) of Carpenters and Joiners who was also the co-founder of the American Federation of Labor. McGuire proposed the idea of establishing a holiday to honor “those who from rude nature have delved and carved all the grandeur we behold.” (US Department of Labor 2024)

A second McGuire – Matthew – is also credited for the holiday. This McGuire, secretary of Local 344 of the International Association of Machinists, also proposed the holiday in 1882 while serving as secretary of the Central Labor Union of New York. A first Labor Day gathering convened in New York City in 1882: both McGuires were present. A second observation happened in 1883. In 1884, President Cleveland signed a law creating a national holiday to be called Labor Day, to be observed on the first Monday of the month of September annually.

Pullman Strike, Chicago, Illinois, US, 1894. Public domain.

RIGHTS – But in a twist of fate, President Cleveland signed that law in July 1884, just before an uprising of labor caused a national tragedy and forever changed the character of Labor Day. Worker rights for hours and working conditions arose in Chicago, Illinois on several pivotal moments. One involved the transport industry and the innovation of transcontinental rail. Chicago was a known rail center, and headquarters of the Pullman company. The cross-country rail industry created a market for overnight travel. Chicago’s Pullman company (formed by buying up old passenger rail cars and turning them into sleepers) employed “Pullman porters;” hiring practice discriminated racially and enforced extremely long working hour – 400 per month. At the trigger of the 30% layoff, and to protest working conditions and assert worker rights, Pullman workers walked out on strike.

Transcontinental rail established a new order, one that could be disrupted by striking workers with new power. Image: Map showing section of Transcontinental Railroad, 1883. Atlantic and Pacific Railroad, Chicago and Pacific Railroad, C.W. & C. Colton & Company, US Library of Congress. Public Domain.

STRIKE POWER – Travel stalled in 27 states from Chicago’s Illinois to the West Coast. Communications stalled across the country: at that time, trains carried not only cargo and people but the post including commercial transactions. Strikers knew well how to stop a rail car on the line; they halted – and derailed – the locomotive pulling a postal train. The collective voice was heard. But so were gunshots.

Pullman strike erupted into violence; workers overturned rail cars and Illinois National Guard fired shots. Illustration by G. W. Peters, Harper’s Weekly, Volume 38, 1894. Public domain.

VIOLENCE – With the country effectively shut down, President Grover Cleveland authorized the US Attorney General to enact an injunction against the striking workers. The result was an acceleration of the strike into a riot. Protesters derailed more train cars. Escalation into military action ensued when the Illinois National Guard arrived at Blue Island, a Chicago suburb, and used firearms, killing 30 people and wounding many others. This happened in July. Ironically, President Cleveland had just signed the bill, in June, declaring a new holiday to honor workers.

Haymarket Square, Chicago, circa 1905. Image from postcard. Public domain.

In 1886, Chicago again was the center for a gathering to promote the eight-hour work day, overtime pay, and fair hiring practices. Child labor was reported in some areas. Workers went on strike at the McCormick Harvesting Machine Company. Police were present, and one person was killed and others wounded when police opened fire. The next day, protestors assembled in Haymarket Square. Police were again present. Someone, it is still unknown who, threw a bomb; police began shooting.  Seven officers died, several civilians, and many dozen people were wounded. The episode became known in the history of labor as the Haymarket Massacre or the Haymarket Affair. A campaign to find the bomber resulted in hunt for perpetrators and later in several hangings, one suicide, one prison sentence and a later pardon.

UNIONS AND PEACE – In ancient times, the Netherlands organized climate response unions to gather if a dike overflowed. Today, a proposed Climate Conservation Corps could involve unions in the shared effort that all professions must contribute to our common future. The voices of unions as part of the International Labour Organization might support cooperative vision. Because firearms and violence have been a tragic part of strikes such as Pullman and Haymarket, unions might take up the issue of gun violence. Could unions use their collective voice and global power to unite justice and rights with peace?

Labor binds the world together in a connected, collective system of craft, rights, and honor. Image: Animation by TED-43, 2018. Creative Commons 3.0. With appreciation.

LABOR UNITES THE WORLD – Labor circles and unites the world in a connective, collective system of craft, rights, and honor. This month, in the United States, Labor Day finds 10,000 hotel workers striking to call attention to working hours and conditions. Political candidates and present leaders are appearing and speaking at rallies. The campaign for work and justice will always be new, and needed. Factory workers still labor in unhealthy and even lethal conditions; miners (in some locations, including children) suffer health and injury; health care workers endure long hours. Reparation for enforced labor, in some places continuing, still needs justice. Recently, new regulations on hours of outdoor workers during increased heat of climate change now address worker health, rights, and safety.

If you are reading this in a country that celebrates Labor Day today, make it more than just a long weekend. And, if you live in an area that honors workers at another time, perhaps we can all make September a month when we recognize the farmers whose harvest graces our tables, those workers who create seasonal goods and services, the health care professionals who offer fall influenza protection, the teachers that welcome students for a new year, the transport systems that bring us all to the places where we work and that special place we call home. This month, how will you honor craft, justice, rights – and the fruits of our individual, and collective, labor?

Brooke, K. Lusk. “Labor Day,” 2 September 2022. Building the World Blog. https://blogs.umb.edu/buildingtheworld/2022/09/02/transport-origins-of-labor-day/ 

Davidson, Frank P. and K. Lusk Brooke. “The Transcontinental Railroad,” Chapter 17, pages 205-238. Building the World. Westport: Greenwood Press, 2006. ISBN: 0313333734

International Labour Organization. https://www.ilo.org/about-ilo

International Labor Rights Forum. “Women’s Rights and Global Labor Justice.” https://laborrights.org/issues/women’srights

Langley, Winston E. and Vivian C. Fox. Women’s Rights in the United States: A Documentary History. Praeger: 1994. ISBN: 978-0313287558.

Library of Congress, United States. “Hawmarket Affair.” 2024. https://guides.loc/gov/chronicling-america-haymarket-affair

Loomis, Erik. A History of America in Ten Strikes. The New Press, 2018. ISBN-10: 1620971615

Brentano, Luis. “From the Gilds to the Trade Unions.” English Gilds: The Original Ordinances of more than One Hundred Early English Guilds. Oxford University Press. Digital facsimile by University of Michigan at https://quod.lib.umich.edu/c/cme/EGilds?rgn=main;view=fulltext

Terkel, Studs. Working. Pantheon Books, 1974.

US Department of Labor. “History of Labor Day.” 2024. https://www.dol.gov/general/laborday/history

Zraick, Karen. “What is Labor Day?” A History of the Workers’ Holiday.” 4 September 2023. New York Times. https://www.nytimescom/article/what-is-labor-day.html

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U

 

WATER/ENERGY: Deep Seabed Mining

The deep seabed is home to marine life, but also contains minerals now subject to mining. Image: “Marine Life” by Jerred Seveyka, Yakima Valley College, 2020. Creative Commons 2.0. Included with appreciation.

The International Seabed Authority (ISA) finance committee begins this week to build upon legal and technical committee recommendations regarding whether to allow robotic bulldozers to rip up the deep seabed in search of minerals and metals to power renewable energy needed to stop climate change.

There is still time to stop seabed mining before it starts. Image: “Animated Clock” by Wikimedia Deutschland e. V. Animators Kunal Sen & Tisha Pillal. Creative Commons 4.0.

It is more than ironic to mine the deep seabed to stop climate change. It could be irreparably tragic. But there is still time.

World Bank and International Energy Agency estimate a 500% increase in demand for battery metals and minerals like cobalt by 2050. Now, cobalt is mined on land, with some concerns about environmental damage. Is deep seabed better? Do we really need to deploy explosives and bulldozers to blast open seamounts and crusts for cobalt, manganese, nickel, titanium? Not only will such invasive actions damage the direct area, but ocean currents certainly will carry the effects further.

Clarion-Clipperton Zone, between Hawaii and Mexico, contains more minerals than all the land-based supply. But should we mine the deep seabed? Image: “Clarion-Clipperton Zone” by NOAA, 2011. Public Domain.

The deep seabed’s seamounts and crusts – the same environments where minerals are formed – are habitats of corals, crabs, fish, sea stars, and marine seagrasses of more than 70 species. Recently, the UK’s National Oceanography Centre’s Seabed Mining and Resilience To Experimental Impact (SMARTEX) explored the Clarion-Clipperton Zone (CCZ) between Hawaii and Mexico, finding new lifeforms including a sponge with the longest-known lifespan on Earth – 15,000 years. The CCZ is home to vast marine life, including 5,578 species – 88% of which are newly discovered and not even named. The CCZ’s polymetallic nodules contain more key metals than the entire world’s land-based reserves, making it prime prospecting territory. But is it necessary? Do we really need deep seabed mining for minerals like cobalt?

Cobalt mined in Schneeberg, Saxony, Germany. Image by photographer Privoksalnaja, 2013. Public Domain.

Cobalt is recyclable and reusable. So is nickel. Companies and governments that use such minerals find it easier to obtain “virgin” mineral resources than to engage in recycling. European Commission currently proposes negating Directive 2006/66/EC and upgrading Regulation (EU) No 2019/1020 to require more recycling. Cobalt and copper are largely recycled but most minerals and metals have recycling rates under 34%; some just 1%.

Should the International Seabed Authority (ISA) call for a moratorium on exploitation mining? Now is the time to express your opinion. “ISA Logo” Public Domain.

The International Seabed Authority (ISA) issues and approves contracts for exploration of the deep seabed beyond national territories. ISA has the power to grant exploitation – mining. Recent actions by member nation Nauru triggered an acceleration that may lead to exploitation contracts as soon as this summer. Right now, ISA’s future leadership is about to be decided in a coming election. It is a critical time. The marine environment needs your support now.

Marine life needs your support. ISA is about to decide the future. Express your opinion while there is still time. Image: “Aluterus scriptus” by photographer Peter Cremer, 2011. Creative Commons 4.0.

Like outer space, the deep seabed belongs to everyone on Earth. The Clarion-Clipperton Zone (outside of national jurisdiction of coastal abutters) belongs to you. Will you join Sir David Attenborough and other scientists to call for the International Seabed Authority to enact a moratorium on exploitation contracts for seabed mining? Sign the petition here.

Don’t let the sun set on the time to express your opinion on seabed mining. Image: “Wood Point Jetty Sunset” by John, 2002. Creative Commons 2.0.

Brooke, K. Lusk. “Buried Treasure and Speedo Diplomacy.” Renewing the World: Casebook for Leadership in Water (2024) Case #6: pages 55-66. ISBN: 979-8-9850359-5-7. https://renewingtheworld.com

Brooke, K. Lusk “Deep Seabed Mining.” 18 July 2023. Building the World Blog. https://blogs.umb.edu/buildingtheworld/2023/07/13/water-energy-deep-seabed-mining-part-2/

European Commission. “European Commission Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020.

Greenpeace. “Stop Seabed Mining Before It Starts.” https://www.greenpeace.org/international/act/stop-deep-sea-mining/

International Seabed Authority (ISA). https://www.isa.org.jm

Lipton, Eric. “Fight Over Seabed Agency Leadership Turns Nasty.” 4 July 2024. New York Times. https://wwwnytimes.com/2024/07/04/us/politics/seabed-agency-mining.html

Miller, K.A., et al., “Challenging the Need for Deep Seabed Mining From the Perspective of Metal Demand, Biodiversity, Ecosystems Services, and Benefit Sharing.” 28 July 2021. Frontiers in Marine Science: Ocean Sciences and Ethics. https://www.frontiersin.org/journals/marine-science/articles/10.3389/fmars.2021.706161/full

Ocean Foundation, The. “Defend the Deep.” FILM by Richard Charter of The Ocean Foundation and Liz Rubin of Ecodeo  https://youtu.be/C4uu03DiVhE?si=Wa1ZAeavBJ_N2Bd2

Ocean Foundation, The. “Deep Seabed Mining.” https://oceanfdn.org/deep-seabed-mining/

Oceanographic. “Over 5,000 new species discovered in the Pacific’s deep sea.” 26 May 2023. https://oceanographicmagazine.com/news/5,000-new-species-found-in-clarion-clipperton-zone/

Rabone, Muriel, et al., “How many metazoan species live in the world’s largest mineral exploration area?” 19 June 2023. Current Biology. Volume 33, Issue 12, Pages 2383-2396, E5. https://www.cell.com/current-biology/fulltext/S0960-9822(23)00534-1

SMARTEX. “Seabed Mining and Resilience to Experimental Impact.” https://smartexccz.org

Starr, Michelle. “Alien-Looking Species Seen For First Time Ever in Ocean’s Darkest Depths.” 7 June 2024. https://www.sciencealert.com/alien-looking-species-seen-for-first-time-ever-in-oceans-darkest-depths

United Nations Environment Programme (UNEP). “Recycling Rates of Metals: A status report.” 2011. ISBN: 978-92-807-3161-3. https://www.resourcepanel.org/reports/recyclilng-rates-metals

World Wildlife Fund. “Future mineral demand can be met without deep seabed mining as innovative technology can cut mineral se by 58%.” 28 November 2022. https://wwf.panda.org/wwf_news/?7087466/Future-mineral-demand-can-be-met-without-deep-seabed-mining-as-innovative-technology-can-cut-mineral-use-by-58

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U

ENERGY/WATER: Maximizing Minerals

Cobalt is essential for supporting renewable energy. Land-based cobalt mining is difficult, and sea-based is dangerous. Cobalt is 100% recyclable and reusable. How can we maximize minerals? Image: “Cobalt Mineral” by Bhavss1214. Creative Commons 4.0 Included with appreciation.

International Energy Agency predicts 500% increase in demand for minerals like cobalt by 2050. Cobalt is generally associated with mining, and more than half of land-based global cobalt reserves are in the Democratic Republic of Congo (DRC). The Kamoto mine in Katanga and the Metalkol RTE run by Eurasian Resources Group (ERG) are noteworthy; ERG joined the Responsible Minerals Assurance Process as part of the Responsible Minerals Initiative that prohibits certain labor practices in the DRC mining industry. But do we need a Responsible Minerals Initiative for the sea?

Land-based mines can inflict environmental damage and scars: what would ocean mining do? “Kalgoorlie: “The Big Pit” by Brian Voon Yee Yap, 2005. Creative Commons 3.0. Included with appreciation.

Land-based mining is running out of minerals like cobalt. So, attention is now turning to the deep seabed, especially the mineral-rich Clarion-Clipperton Zone (CCZ). To get an idea of the size of the CCZ, it is as wide as the continental United States, and stretches across the Pacific from Mexico to Hawaii. Here may be found polymetallic nodules containing manganese, sulfide deposits, and ferromanganese crusts with cobalt, manganese, nickel, titanium – even gold. The gold alone is worth $150 trillion. Polymetallic nodules in the deep seabed contain more key metals than the entire world’s land-based reserves.

“Polymetallic nodules on the seabed of CCZ” by Rov Kiel 6000, Geomar Bilddatenbank, 2015. Creative Commons 4.0. Included with appreciation.

Some mineral deposits lie within national exclusive economic zones (EEZ) of coastal countries who have rights to their waters (and seabed minerals) within 200 nautical miles/230 land miles (370 km). Everything beyond belongs to everyone, even landlocked countries. This is the blue commons. It is related to the diplomatic peace principle of the Suez Canal – “open to all nations in times of war and peace.” The principle was first defined by Hugo Grotius (1583-1645) in the Latin phrase mare liberum (sea + free).

Can we find peace in the blue commons? “Mare Liberum” by Hugo Grotius, 1609. This image is from the archives of the Peace Palace, The Hague, Netherlands. Creative Commons0. 1.0, public domain. Included with appreciation.

The deep seabed is governed by the International Seabed Authority (ISA), a United Nations agency authorized as part of the Law of the Sea. Any signatory nation of the Law of the Sea may apply for a contract authorizing exploration of the seabed. After a number of exploration years, that country may apply to move towards exploitation – mining. Private partners are allowed, so some very small countries like Nauru have thus exercised their rights with some very big partners like The Metals Company.

Where is Nauru? Image: “Nauru on the globe” by graphic artist TUBS. Creative Commons 3.0. Included with appreciation.

But there is more in the deep sea than minerals. Research ship James Cook just completed a study of marine species in the Clarion-Clipperton Zone. As many as 5,000 never-yet-named species may be living in the CCZ. Some of species thrive in symbiotic exchange with polymetallic nodules. It takes millions of years to build a polymetallic nodule of just 8 inches (20 centimeters). Imagine the disruption and environmental damage if an autonomous robotic bulldozer were to rake up the nodules. And, while mineral mining on land can result in accidents and environmental damage, imagine what that would look like undersea  –  using explosives and heavy machinery. Will the UN Convention on Biological Diversity protect the CCZ?

Clarion-Clipperton Zone (CCZ)” by NOAA, 2011. Public Domain. Included with appreciation.

Some believe mining deep seabed minerals is the only way we can get to a fully renewable energy future; other science and technology experts state we can optimize present use of metals and minerals by more than 50%, and not need to invade the seabed. And, it is critical to note that the minerals like cobalt, lithium, and nickel – essential for renewable energy conductivity and storage – are recyclable and reusable.

Cobalt, Lithium, and Nickel are recyclable and reusable. We can do more – before we do more damage. How can you help to maximize minerals? Image: “Universal Recycling Symbol” Public Domain. Included with appreciation.

ISA is nearing approval of deep seabed mining contracts for exploitation. Environmental advocates like Sir David Attenborough, Dr. Sylvia Earle, and Lewis Pugh have joined hundreds of scientists who recommend a moratorium on decisions to advance deep seabed mining. The UK-based James Cook voyage is part of the Seabed Mining and Resilience to Experimental Impact (SMARTEX). If you would like to convey your opinions and recommendations, you may contact the ISA here. Other options are to communicate with SMARTEX here.

Marine life in the CCZ needs your vote. Image: “Opisthoteuthis agassizii” by NOAA, 2019. Creative Commons 2.0. Included with appreciation.

BBC and Natural History Museum. “New Life Forms Discovered in CCZ.” VIDEO. https://www.bbc.com/reel/video/p0fsyh1g/the-alien-lifeforms-discovered-in-the-deep-ocean

Bhujbal, Prajakta. “10 minerals that can be recycled.” 5 February 2022. Recycling. https://blog.mywastesolution.com/10-minerals-that-can-be-recycled/

Brooke, K. Lusk. “Speedo Diplomacy: Deep Sea Mining and Marine Protected Areas,” pages 55-66, Renewing the World: Casebook for Leadership in Water. 2024. ISBN: 979-8-9850359-5-7. Available on Amazon and at https://renewingtheworld.com

Hunt, Katie. “Deep-sea expedition captures stunning images of creatures in Pacific mining zone.” 3 April 2024. CNN. https://www.cnn.com/2024/04/02/world/new-species-pacific-deep-sea-mining-zone-scn?cid-ios.app

Earle, Sylvia. Mission Blue/The Sylvia Earle Alliance. https://missionblue.org

Hein, James R. and Kira Miel, USGS. Pacific Coastal and Marine Science Center. “Deep-ocean polymetallic nodules and cobalt-rich ferromanganese crusts in the global ocean: New sources for critical metals.” 21 April 2022. http://www.usgs.gov/publications/deep-ocean-polymetallic-noduules-and-cobalt-rich-ferromanganese-crusts-global-ocean-new

International Seabed Authority (ISA) https://www.isa.org.jm

Lewis Pugh Foundation. https://lewispughfoundation.org

Miller, K.A., et al., “Challenging the need for deep seabed mining from the perspective of metal demand, biodiversity, ecosystems services, and benefit sharing.” Frontiers, Marine Ecosystem Ecology, Volume 8 – 2021. https://www.frontiersin.org/articles/10.3389/fmars.2021.706161

Ostrum, Elinor. Governing the Commons. ISBN: 97800-521-40599-7

The Metals Company. https://metals.co

MIT (Massachusetts Institute of Technology). “Deep Seabed Mining” VIDEO https://youtu.be/Lwq1j3nOODA?si=ZJkqNLmcNcsGicwT

Responsible Minerals Initiative (RMI). https://www.responsiblemineralsinitiative.org

SMARTEX. https://smartexccz.org

United Nations. “United Nations Convention on the Law of the Sea.” https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_3.pdf

United Nations. “Kunming-Montreal Global Biodiversity Framework.” Conference of the Parties to the Convention on Biological Diversity, CBD/COP/DEC/15/4, 19 December 2022. https://www.cbd.int/doc/decisions/cop-15/cop-15-dec-04-en.pdf

Vox. “The race to mine the bottom of the ocean.” 2023. VOX https://youtu.be/pf1GvrUqeIA?si=CXneRsA77m4_f

Whittaker, Bill, et al., “National security leaders worry about U.S. failure to ratify Law of the Sea treaty.” 24 March 2024. CBS News. Includes VIDEO. https://www.cbsnews.com/news/national-security-economic-concerns-us-law-of-the-sea-treaty-60-minutes/

World Wildlife Fund. “Future mineral demand can be met without deep seabed mining as innovative technology can cut mineral use by 58%.” 28 November 2022. https://wwf.panda.org/wwf_news/?7087466/Future-mineral-demand-can-be-met-without-deep-seabed-mining-as-innovative-technology-can-cut-mineral-use-by-58

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U

 

WATER: Clocks, Time, and Leap Day

Ancient clocks used water to measure time. Image: “Escapement animation” uploaded by Jacopo Werther, 2004. Creative commons 3.0. Included with appreciation.

Prometheus may have stolen fire, but ancient Greeks also believed that water stole time. Early clocks used water, acquiring the technical term, clepsydra, from ancient Greek  “klepto or steal” and “hydor or water.” Water clocks measure time by regulating and measuring the drip rate into a vessel.

Clepsyrda or water clock, circa 1753. Donated to wikimedia by Käyttäjä Oh1qt for public domain. Included with appreciation.

Popular across the world from China, Egypt, and Persia, the clepsydra was one of the first ways in which humans measured time in exact increments. Water clocks became so sophisticated and complex that they were able to adjust rates of water flow for solar and lunar orbits.

Al-Jazari’s water clock, 12th century is consider by some to be the first analog computer. Image courtesy of Museum of Fine Arts, Boston, acquisition 14.533. Public domain and included with appreciation.

Water clocks could adjust and measure seasonal length of daylight to regulate agricultural cycles. Al-Jazari’s castle clock is said by some to be the world’s first programmable analog computer.

Water clocks were prized in Madinat as-Salam, City of Peace, now known as Baghdad. Here, water clock from Zibad, Gonabad Province, Iran, by photographer Maahmaah, 2012, dedicated to the public domain. Included with appreciation.

Water clocks were technological possessions prized by those who ruled and managed. When Caliph al-Mansur founded a new capital of Persia, Madinat as-Salam, “City of Peace” in the Islamic calendar year 145 (ce 762). The city, now known as Baghdad, flourished. When fifth Caliph Harun al-Rashid (ruler from 786 to 809 ce) of The Arabian Nights came to power, the city was reputed to be the wealthiest of the world. It was known for a balance of commerce and agriculture, the latter advanced by use of the water clock regulating drawing of water by farmers. The device was entrusted to and managed by an appointed elder who kept irrigation timetables. Caliph Harun al-Rashid visited Roman Emperor Charlemagne, bringing gifts including a water clock so delicate that it had to be conveyed in parts and assembled on site, prior to a live demonstration of this new technology of time.

Charlemagne received by Pope Adrian. Image from art by Antoine Vérard, 1493. Public domain: included with appreciation.

For Charlemagne, who surrounded his court with scholars and teachers including Alcuin, and who is often credited with founding the earliest universities, the water clock was a revelation so important it was recorded in the Royal Frankish Annals.

Charlemagne, as king of the Franks and emperor of Rome, was part of a lineage that valued precise measurements of time. But these measurements were of the year. It was Julius Caesar who, on 1 January 45 (bce) refined the Roman calendar to be more consistent with the solar cycle. The Julian Calendar had three years of 365 days, followed by a fourth with a leap day as the final in February. The succeeding Gregorian calendar fine-tuned the system that much of the world follows today.

Stamp from Germany celebrating 400 years of Gregorian calendar that codified Leap Day.400 Jahre Gregorianischer Kalendar, 1982.” Image scanned by NobbiP, public domain. Included with appreciation.

Since then, leap day has inspired traditions. Brigid of Kildare commented to  Patrick of Ireland (both canonized and now addressed as Saints), in the 5th century ce, that women’s rights were not equal to men’s, as evidenced by the tradition that men propose marriage yet the union required true partnership. Patrick agreed that women could and should propose, but limited that freedom to one day per year, on leap year.

St. Brigid of Kildare conferred with St. Patrick of Ireland concerning women’s equal rights including proposing marriage – on Leap Day. Image: “St. Patrick and St. Brigid” by Catherine O’Brien, 2023. Posted by Spideoglasper, Creative Commons 4.0. Included with appreciation.

France, home of the Eiffel Tower where many marriage proposals are initiated and photographed, took another direction. In 1980, Jacques Debuisson and Christian Bailly launched a tradition of publishing a satirical newspaper La Bougie du Sapeur just once a year, on Leap Day. Only 200,000 copies are printed: there is no digital edition.

La Bougie du Sapeur is published in France on Leap Day. Image: Logo, 2016. Public Domain. Included with appreciation.

How do you celebrate Leap Day? What leap of faith – or frolic – will you take?

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U

 

WATER: Rivers and Rights

Colorado River, Horseshoe Bend in Arizona,” by photographer Charles Wang, 2023. Creative Commons 4.0. Included with appreciation.

Colorado River Basin states are working together to agree upon water use and rights. Source of drinking water for 40 million people (7 U.S. states, Mexico, and 30 Tribes of original Americans), the Colorado River has recently seen lower levels of water. Drought has plagued the area, with prospects for recharge by melting seasonal snowpack now questioned by warming related to climate change.

Upper and Lower Colorado River Basin states supplied by Colorado River. Mexico, and 30 Tribes are also participants in the Compact. Courtesy of U.S. Bureau of Reclamation, 2012. Public Domain: CC0. Included with appreciation.

In 2026, present agreements on water allocation among stakeholders will expire. Rather than wait for political change, Colorado River Compact states are drafting their own new regulations. Working with the Bureau of Reclamation, agency in charge of administering the Compact, states will submit their draft plan by March 2024.

Lawns may soon get a “thumbs down” as watering non-functional turf laws take effect to conserve water. Image: “Lawn Doctor” by Lawn Doctor, Inc. CC4.0. Included with appreciation.

Water use restrictions are expected. Water recycling will be important: many communities are developing systems for reuse. Southern Nevada Water Authority announced that water may not be used on “non-functional turf’ – that means lawns. It was the first permanent regulation on lawns and grass: the new law will take effect in January 2027.

Whanganui River of New Zealand was granted legal personhood rights. Will other rivers follow suit? Image: “Whanganui River” by photographer Felix Engelhardt, 2009. Creative Commons 2.0. Included with appreciation.

Another option? Legal personhood for important bodies of water. In New Zealand, the Whanganui River was granted legal personhood. In India, the Ganges, of sacred importance, and the Yamuna, River of the Taj Mahal, applied for legal personhood status. In the United States, the City of Toledo, Ohio sought legal rights status for Toledo’s Lake Erie harbor. Could the Colorado River seek such rights, protecting and securing its ability to recharge and renew?

Water laws have progressed through three stages. Image: 123 numbers gif. Public Domain, CC0. Included with appreciation.

In the past century, water laws have progressed through three stages. Early laws established rights to use water. Next, with environmental awareness, laws addressed rights of water itself to health, renewal, and sustainability. Now, with climate change, laws have begun to concern access in times of drought and water scarcity.

How will climate change affect water agreements, regulations, and treaties? Image: “Judge’s Gavel” by photographer Chris Potter, 2012. Creative Commons 2.0. Included with appreciation.

Interested in the evolution of water laws? Explore this database of global water laws.

Eckstein, Gabriel, et al., “Conferring legal personality on the world’s rivers: A brief intellectual assessment.” 2019, Water International, 44: 6-7, 804-829. DOI: 10.1080/02508060.2019.1631558

Eckstein, Gabriel. “Buried Treasure or Buried Hope?” The Status of Mexico-US Transboundary Aquifers under International Law.” International Community Law Review 13 (2011): 273-290. https://scholarship.law.tamu.edu/facscholar/129/

Estado Plurinacional de Bolivia. “Ley de Derechos de La Madre Tierra.” https://www.scribd.com/document/44900268/Ley-de-Derechos-de-la-Madre-Tierra-Estado-Plurinacional-de-Bolivia

Flavelle, Christoper. “Colorado River States are Racing to Agree on Cuts Before Inauguration Day.” 6 January 2024. The New York Times. https://www.nytimes.com/2024/01/06/climate/colorado-river-negotiations.html

Permanent Forum of Binational Waters/Foro Permanente de Aguas Binacionales. https://www.binationalwaters.org

Ramirez, Rachel, with Drew Kann. “First-ever water cuts declared for Colorado River in historic drought.” 16 August 2021. CNN.com. https://www.cnn.com/2021/08/16/us/lake-mead-colorado-river-water-shortage/index.html

Sankarasubramanian, A., Upmanu Lall, Naresh Devineni, and Susan Espinueva. “The role of monthly updated climate forecasts in improving intraseasonal water allocation.” Journal of Applied Meteorology and Climatology, Volume 48, Issue 7, 1464-1482, 2009. https://journals.ametsoc.org/view/journals/apme/48/7/2009jamc2122.1.xml

Stone, Christoper D. “Should Trees Have Standing? – Toward Legal Rights for Natural Objects.” Southern California Law Review, 45 (1972): 450-501. https://iseethics.files.wordpress.com/2013/02/stone-christopher-d-should-trees-have-standing.pdf

Water Laws Global Database. Renewing the World. https://renewingtheworld.com/files/samples/Renewing-The-World-Water-Database-Laws.pdf

VOICE OF THE FUTURE 2023: AI

“AI-generated virtual movie star Ornella Muti” by Lasemainecomtoiise, 2018. Creative Commons CC0. Public domain. Included with appreciation.

Is it live or is it AI? The year 2023 saw breakthroughs in Artificial Intelligence (AI), accelerated by ChatGPT and other wonders. Legal questions emerged, marking the recognition of a significant milestone in civilization. Sam Altman, co-founder of OpenAI, made the news.

Sam Altman, co-founder of OpenAI, made the news in 2023. Image: “Sam Altman” by photographer Steve Jennings for Getty Images/Tech Crunch, crop edited by James Tamim, 2019. Creative Commons 2.0. Included with appreciation.

Legal issues on the rights of AI began in 2019 when the Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) was named as inventor-of-record in a U.S. patent application. But DABUS was developed by a human, Stephen Thaler. Deliberations resulted in the decision that AI is not a person, and patents can be awarded only to those with personhood. In 2022, Thaler appealed; but the Federal Circuit Court issued an opinion on 5 August 2022 that “the invented cannot be the inventor.” (Nemec 2023) What would Alan Turing say?

Many credit Alan Turing as one of the early founders of computer science and artificial intelligence. Image: “Alan Turning” circa 1930. Public Domain. Included with appreciation.

In 2023, the Thaler decision led the U.S. Patent Office to express interest in additional guidance on how to handle AI’s contribution to inventions. It’s a question for our times, and for the future. AI not only walks the walk; it talks the talk.

AI not only walks the walk; it talks the talk. AI has a voice. Image: Activemaker2 by Hipocrite, 2006. Creative Commons Public Domain. Included with appreciation to Hipocrite.

AI has a voice. We hear it in chatbots, and we challenge it in strikes like that of the Writers Guild of America (WGA) and Authors Guild in 2023. AI-generated texts are a worry not only for authors whose carefully crafted language may be providing free training for bots who will later generate texts, but also for professors who must now consider plagiarism in a new way. Copyright law is also expanding to set guidelines for AI.

This x-ray of a hand was read and bone age diagnosed by AI, computer software BoneXpert. Image by Setzner1997, public domain. Included with appreciation.

Did you know that AI is racking up medical and pharmaceutical innovations? AI-driven drug discovery is being carried out by more than 250  companies, half of which are in the United States. The advantage of AI as a research partner is speed: Sumitomo Dainippon Pharma and Exscientia developed DSP-1191 to ease a difficult condition in one-quarter of the normal time it takes for such discoveries. (McKinsey, 2022)

“Particle Swarm Seeking Global Minimum” graphic animation by Ephramac, 2017. Public Domain. Included with appreciation.

While much of the activity, and controversy, concerning AI stirs the American economy, the European Union may be the first to develop AI laws. The 2023 EU’s “AI Act” forbids AI that threatens public safety and person’s rights. The law developed over two years of discussion, noting chatbots, OpenAI, ChatGPT, image-generation technologies, as well as audio and video. AI images have mesmerized and influenced over 100 million users. Images may include facial recognition, important to law enforcement and immigration, but also perhaps threatening to personal privacy and frequently racially unjust.

Facial recognition software is a form of AI. Image: “Eigenfaces from ORL face data” from AT&T Laboratories, Cambridge. Public Domain. Included with appreciation to AT&T and ORL.

EU and US law both address use of the prompt to generate images through AI. Such images are, by definition, not applicable to copyright law because they do not contain enough material that can be judged as created by a human. Artists, including members of creative communities like HUG, are taking note. Here’s such an image:

AI-generated image, created by prompt. Image: “Snow glove that contains a spiral galaxy,” prompt by Jason, 2023. Because it is AI-generated, this image is in the public domain. It is included with appreciation to Jasin for the prompt.

Fascinated by what’s real and what’s AI? Interested in AI tools? Here is a list of the top 100 AI tools of 2023Want to create your own images with a prompt? Try this Harvard guide.

Alan Turing. “The Turing Digital Archive.” King’s College, Cambridge University. https://turingarchive.kings.cam.ac.uk/node/2

Devereson, Alex, et al.,  “AI in biopharma research: A time to focus and scale,” 10 October 2022. McKinsey & Company.  https://www.mckinsey.com/industries/life-sciences/our-insights/ai-in-biopharma-research-a-time-to-focus-and-scale

European Union. “AI Act” https://www.europarl.europa.eu/news/en/press-room/20231206IPR15699/artificial-intelligence-act-deal-on-comprehensive-rules-for-trustworthy-ai

Exscientia. https://www.exscientia.ai

Harvard University. “Getting started with prompts for text-based Generative AI tools.” Harvard University Information Technology (HUIT). https://huit.harvard.edu/news/ai-prompts

Nemec, Douglas R. and Laura M. Rann. “AI and Patent Law: Balancing Innovation and Inventorship.” April 2023. Skadden Insights. Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates. https://www.skadden.com/insights/publications/2023/04/quarterly-insights/ai-and-patent-law

Sumitomo Pharma. https://www.sumitomo-pharma.com

Thaler v. Vidal. https://cafc.uscourts.gov/opinions-orders/21-2347.OPINION.8-5-2022_1988142.pdf. 

United States Government Accountability Office (GAO). “Artificial Intelligence’s Use and Rapid Growth Highlight Its Possibilities and Perils.” 6 September 2023. U.S, GAO. https://www.gao.gov/blog/artificial-intelligence-use-and-rapid-growth-highlight-its-possibilities-and-perils

United States Patent and Trademark Office (USPTO). “Inventing AI: Tracing the diffusion of artificial intelligence with U.S. patents.” Office of the Chief Economist, USPTO, October 2020. https://www.uspto.gov/sites/default/files/documents/OCE-DH-AI.pdf

Zuckerberg, Randi and Debbie Soon. “Hug and Stability AI.” https://thehug.xyz

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U

Appreciation to Rachael M. Rusting, Cherie E. Potts, Todd H. Ward, and Shira P. White for discussions of AI.

CITIES: Labor and Workers’ Rights

Los Angeles, with the Hollywood sign overlooking the city, is the home of many striking actors of SAG-AFTRA seeking better rights. Image: “Hollywood Sign” by photographer Thomas Wolf. Creative Commons 3.0 Included with appreciation.

Human history may be traced in the move from field to city, from local farm to industrial agriculture, and with that – from indentured field serf to urban worker. Some sociologists say that human history is the history of cities. Cities may also be the birthplace of human, and worker, rights. An example: Wolfsburg, Germany, began as the Duchy of Magdeburg, then became the Stadt des KdF-Wagnes bei Fallersleben (“City of Strength Through Joy at Fallersleben”) as a planned town built to house workers for a factory producing the Volkswagen Beetle car. Volkswagen workers organized labor unions through collective agreements ensuring rights of more than 120,000 workers through the Volkswagen Group Global Works Council (GWC).

VW factory, Wolfsburg, Germany” by photographer HasBS, 2011. Creative Commons 4.0. Included with appreciation.

From the days of Charlemagne and into medieval times, as workers began to move into cities, they organized crafts and trades into guilds. The word “guild” comes from the Anglo-Saxon word “gild” and is related to “geld” meaning money. We still have an echo in today’s word for money in German: Das Geld. In medieval times, each guild member paid a set amount of money into a common fund to support worker training (apprentice, journeyworker, mastercraftsperson) and family benefits for the wellbeing of workers’ health and family support in the case of injury or death. Guilds morphed into trade unions when the owners of businesses changed to outside investors who were not craftpersons themselves. Labor rights were born in the city and have continued to find their growth in urban environments.

Medieval cities were effectively run by guilds representing all the crafts and trades of the local and regional economy. Guilds set worker rights, wages, and benefits. Image: “Coats of arms displaying the tools of the trades in a medieval town of the Czech Republic,” Photo by VitVit, 2008. Creative commons 3.0. Included with appreciation,

Workers and Rights. Some credit present day labor rights activist Robert Owen, a manufacturer from Wales, with the concept of the eight-hour workday. In 1817, Welsh advocated 8/8/8/ (eight hours labor, eight hours recreation, eight hours rest). Fifty years later, workers in Chicago demanded the Illinois Legislature to pass a law limiting work to eight hours per day. Although the law passed, a loop hole remained and many factory laborers were still overworked and underpaid.  On May 1, 1867, they went on strike. The movement shut down Chicago, and soon other cities across the United States and Europe joined the strike. That event in 1867 led to what is now known as May Day or International Workers’ Day.

International Workers’ Day, May 1, 2013, Austria. Image by photographer Johannes Zinner, 2013. Creative Commons 2.0. Included with appreciation.

Labor. Peter McGuire, general secretary of the Brotherhood of Carpenters and Joiners first voiced in 1882 the call for a holiday for “the laboring classes who from rude nature have delved and carved all the grandeur we behold.” McGuire’s message echoed that of the medieval guilds: labor and work are forms of art and should be treasured and honored by a holiday. A leader of a similar surname, Matthew Maguire, secretary of Local 344 of the International Machinists, proposed the same holiday. Their messages were heard.

First American Labor Day parade in New York City on 5 September 1882. Image: Frank Leslie’s Illustrated Newspaper issue dated 16 September 1882. Public Domain. Included with appreciation.

In the shadow of the Brooklyn Bridge, 10,000 city workers gathered in New York City on 5 September 1882 to rally for improvement in labor conditions. When the American government even began tracking work hours in 1890, the average factory workers clocked in 100 hours per week. Ensuing years strengthened the movement for better working hours and recognition of the major role workers play in business and economics. Oregon was the first state to recognize Labor day but Colorado, Massachusetts, New Jersey, and New York soon joined. In 1894, the Pullman strike in Chicago, Illinois jammed rail traffic throughout the country. During the strike and crisis, President Grover Cleveland signed Labor Day into law, as Congress passed an act declaring a national holiday to honor labor on the first Monday in September. Finally, in 1894, Labor Day became an official national holiday. Canada also celebrates Labor Day, but most of the world honors workers on May 1.

“Fête du Travail” or “Labour Day” Parade in Toronto, Canada. on 5 September 2011. CAW Media. Creative Commons 2.0. Included with appreciation.

Worker rights continue to be an important issue around the world. In some places, children labor. In other places, women cannot work outside the home. Factory workers are often subject to unhealthy and even lethal conditions: 1500 workers died in preventable factory disasters in the garment industry in fires one decade ago. The 2013 Accord on Fire and Building Safety in Bangladesh made progress in setting new standards; a 2018 Transition Key Accord strengthened the standards to legally binding agreements between trade unions and brands; signatories include an oversight chair from the International Labour Organization (ILO)

“Garment Factory Worker in Bangladesh, 2015.” by Solidarity Center. Creative Commons 2.0. Included with appreciation.

Women’s working rights are a special issue. Women make up 70% of the labor force in some export processing zones (EPZs) in Asia, the Americas, and Sub-Saharan Africa where some bans on unionization still exist. The ILO Equal Remuneration Convention (No. 100), Discrimination in Respect of Employment and Occupation (No. 111), and Maternity Protection Convention (No. 183) have helped protect some rights but more is needed. In 1969, the International Labour Organization (ILO) received the Nobel Peace Prize; fifty years later, the ILO issued a new vision when convening the Global Commission on the Future of Work.

Every era brings new challenges for labor, work, and rights. In 2023, the union of Screen Actors Guild and American Federation of Television and Radio Artists (SAG-AFTRA) declared a strike approved by 98% of the members.  One concern of the striking union members is the implications of artificial intelligence (AI) and the expansion of streaming  services.These artists joined the 11,000 members of the Writers Guild of America who are also on strike. Again, the theme of the guild – and its blend of artistry and rights – finds a place in history.

Meryl Streep is one of the active supporters of the SAG-AFTRA strike. Image: “Meryl Street at Berlin Berlinale International Film Festival 2016.” by photographer Glyn Lowe Creative Commons 2.0. Included with appreciation.

If you are reading this post in Canada or in the United States, you may be enjoying a day of rest or even a traditional cook-out. But there is more to Labor Day than a long weekend. How will you celebrate and honor worker equality, justice, rights, and the fruits of our individual, and collective, labors?

Bangladesh Accord Foundation. “Accord on Fire and Building Safety,” https://bangladeshaccord.org/

. International Labor Rights Forum. “Women’s Rights and Global Labor Justice.” https://laborrights.org/issues/women’s-rights

International Trade Union Confederation (ITUC)

International Labour Organization (ILO). “Global Commission on the Future of Work,” https://www.ilo.org/global/topics/future-of-work/WCMS_569528/lang–en/index.htm

Kaunonen, Gary and Aaron Goings. Community in Conflict. Michigan State Press, 2013.

Langley, Winston E. and Vivian C. Fox. Women’s Rights in the United States: A Documentary History. Praeger, 1994. ISBN: 978-0313287558.

Loomis, Erik. A History of America in Ten Strikes. The New Press, 2018.

Smith, Toulmin, Editor, with essay on history and development of the gilds by Lujo Brentano. “English Gilds: The Original Ordinances of more than One Hundred Early English Guilds,” Oxford University Press. Digital facsimile by University of Michigan. https://quod.lib.umich.edu/c/cme/EGilds?rgn=main;view=fulltext

SAG-AFTRA. https://www.sagaftra.org

Seabrook, Jeremy, “The language of labouring reveals its tortured roots.” The Guardian. https://www.theguardian.com/commentisfree/2013/jan/14/language-labouring-reveals-tortured-roots1

Terkel, Studs. Working.  Pantheon Books, 1974.

Toynbee, Arnold. Editor. Cities of Destiny. London: Thames & Hudson, 1967.

Zraick, Karen. “What is Labor Day? A History of the Workers’ Holiday.” 4 September 2023. The New York Times. https://www.nytimes.com/article/what-is-labor-day.html

 

 

ENERGY/WATER – Congratulations! Pause on Deep Seabed Mining

CONGRATULATIONS and thanks for voicing your support for pausing deep seabed mining, might be the words of this ‘Dumbo’ Octopus, more formally known as Opisthoteuthis agassizzi. Image: “Dumbo Octopus” by NOAA, 2019. Creative Commons 2.0. Included with appreciation.

If you voted “yes” to pause decisions on deep seabed mining, your voice has been heard. The International Seabed Authority (ISA) agreed to extend discussions on guidelines for deep sea mining, and to develop clearer policy to protect the marine environment, until 2024, or maybe even 2025.

Logo of International Seabed Authority by Anna Elaise, ISA, 2009. Public Domain. Included with appreciation.

A proposal by Chile, Costa Rica, France, Palau, and Vanuatu, supported by other member States, overrode the “two-year rule” enacted by Nauru and The Metals Company to begin mining in the Clarion-Clipperton Zone (CCZ). The matter will advance to further discussion at the twenty-ninth session of the Assembly in 2024; some say debate could extend to 2025. There is time; you can become better informed and more involved.

Palau is one of the signatories of the measure to pause deep sea mining advancement until further discussion. Image: “Palau archipelago” by Lux Tonnerre, 2008. Creative Commons 2.0. Included with appreciation.

ISA revealed the decision in an August 2 report entitled “Just and Equitable Management of the Common Heritage of Humankind.” Part 04 of the report reveals the “Status of Contracts for Exploration in The Area.”  These areas are the Clarion-Clipperton Zone (CCZ), the Indian Ocean, the Mid-Atlantic Ridge, and the Northwest Pacific Ocean. The areas are the focus for:

19 contracts for mining of polymetallic nodules (PMN)

7 contracts for mining polymetallic sulphides (PMS)

4 contracts for cobalt-rich ferromaganese crusts (CFC)

Source: International Seabed Authority (ISA) 2023

Deep sea bed mining may involve the Clarion-Clipperton Zone. Image: “Location of the Clarion-Clipperton Zone” by United States Geological Survey (USGS), 2008. Creative commons public domain. Included with appreciation.

There are two kinds of ISA contracts: exploration and exploitation. Exploration contracts assess minerals present in the area and may include sampling, as well as testing mining technologies and ways to process mined minerals. Advancing to exploitation contracts would commence deep seabed mining.  Contracts are sponsored by member states, and may include private enterprise partners. States currently sponsoring contracts include Belgium, Bulgaria, China, Cook Islands, Cuba, Czech Republic, France, Germany, Jamaica, Japan, Kiribati, Nauru, Republic of Korea, Russian Federation, Singapore, Slovak Republic, and Tonga (ISA Figure 12). While exploration may be carried out by presence and probing, as done by Alexander Dalrymple and James Cook using lead lines and sextants on voyages of the “Endeavor;” since the time of COMSAT, the deep seabed may also be mapped by remote sensors and satellites.

“First voyage of James Cook – HMS Endeavor leaving Whitby Harbour” by Thomas Luny, 1768. It should be noted that Cook’s final voyage resulted in actions that may have been better avoided. Creative commons public domain. Included with appreciation.

Don’t rest on your votive laurels. The deep sea, and its treasures, are shared possessions of all the world and its many inhabitants including fauna and flora of the deep. You help the world decide what will determine the “Just and Equitable Management of the Common Heritage of Humankind.” (ISA 2023) What are your views? What actions can you take this year, and next? 

Brooke, K. Lusk. “WATER/ENERGY: Deep Seabed Mining” 13 July 2023. Building the World Blog. https://blogs.umb.edu/buildingtheworld/2023/07/13/water-energy-deep-seabed-mining-part-2/

Greenpeace International. “Petition on Deep Sea Mining.” greenpeace.org/…/act/stop-deep-sea-mining/

International Seabed Authority (ISA). 2 August 2023. “Press Release 2 August 2023.” https://www.isa.org.jm/news/isa-assembly-concludes-twenty-eigth-session-with-participation-of-heads-of-states-and-governments-and-high-level-representatives-and-adoption-of-decisions-on-the-establishment-of-the-interim-director/

International Seabed Authority (ISA). Annual Report 2023 (In English and French). Chapter 4: Status of Contracts for Exploration.” https://www.isa.org/jm/wp-content/uploads/2023/07/ISA_Secretary_General_Annual_Report_2023_Chapter4.pdf

Panayotov, Kristiyan. “Mapping the seafloor with remote sensing and satellite imagery.” 19 June 2018. Hydro-International. https://www.hydro-international.com/content/article/mapping-the-seafloor-with-remote-sensing-and-satellite-imagery

Building the World Blog by Kathleen Lusk Brooke and Zoe G. Quinn is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 U