Background of the research This study intends to analyses the involuntary resettlement of an indigenous Dayak community due to the implementation of the Bakun Dam Project in Sarawak, Malaysia. The significance of this research is that it raises important questions on the impact of development imposed by the state government of Sarawak on the indigenous people who have been regarded as in need of change and to be brought closer to urbanization vis-à-vis modernization through resettlement. Involuntary resettlement due to development projects or infrastructure improvements is not a singular phenomenon and in this context it is often argued that development projects provide employment to the local population and enforce development. However, a dam project also displaces local people from their homes and traditional livelihood. This research focuses on the forced displacement of the indigenous communities at Sg. Asap resettlement because of the implementation of the Bakun Hydro-electric Project (BHP). It is viewed as an involuntary resettlement as the indigenous communities who were residing within the area of the planned BHP had no choice but to move to the resettlement. Their villages and native lands were claimed by the state government for the implementation for the BHP. Thus, the whole problem is focused on the question of why is the resettlement that is promised as a development program for the people by the state government of Sarawak being regarded as forced displacement. In this research, forced displacement is observed at three different levels. First, prior to resettlement, potential settlers are faced with the critical decision of abandoning their homes and livelihoods, causing emotional distress. Secondly, after moving to the new settlement, settlers are often confronted with inadequate compensation for their loss of natural resources, social heritage and land, adding misery to their already distressed situation. Thirdly, resettling people into an area without any supportive resources, i.e. resources whose, purpose is to improve the lives of the settlers compared to their previous situation, fails to accomplish the very purpose of such resettlement. Research objectives and Questions This research utilizes Michael Cornea's analysis, the Impoverishment Risks and Reconstruction (IRR) Model (2000), which brings to the main objective of this research that is to examine the outcomes of involuntary resettlement of the indigenous people. This research compares the situation confronted by the settlers in Sg. Asap resettlement to that definition of "involuntary population resettlement" advanced by Michael Cernea (1998). In this definition, there are two sets of distinct but related processes: displacement of people and dismantling of their patterns of economic and social organization, and resettlement at a different location and reconstruction of their livelihood and social networks. Other than that, the objectives of this research are: to observe if involuntary resettlement planned for meeting the labor needs for the oil palm estates is a catalyst for socio-economic development for settlers. And for policy recommendations, the sub-objectives are: •To subsequently evaluate the problems of accessing resources. •To study to what extent the involuntary resettlement has affecting the social and power structures. •To show the level of changes in social and power structure influencing livelihood strategies. •To examine the most effective network that has provided the people a platform to generate their livelihood. This research details the process and impact of the forced and involuntary displacement faced by the settlers. Factors highlighted include the indigenous people's coping mechanism and strategy in dealing with various issues related to land rights and usage, disagreement and differences in the new social structure, competition over limited natural resources and changing power structure and relations. Issues such as the problems within the household because of the changing family structure and changing role of elderly, men and women in the domestic unit are also highlighted in this research. Most important, this research focuses not only at the displacement issue but also illustrates how settlers rebuild and restructure their life and livelihood. Therefore, based on important concepts, livelihood, coping strategies and power structure, research questions raised are: 1.How do settlers cope with the fact of being involuntarily resettled and what do they do to deal with unanticipated consequences of the social changes that occur? 2.How do settlers manage the new social structure, conflict over limited resources and changing power structures and relations within their own community? 3.Which strategies currently used by these settlers have the potential to build a sustainable livelihood in the new settlement? Theoretical background This research takes the approach of regarding resettlement first and foremost as a catalyst for social change. However, resettlement in the context of 'force' or 'involuntary,' certainly does not ensure positive changes. Dessalegn (1989) defined resettlement in a different context: land settlement, colonisation, or transmigration, all referring to the phenomenon of people distribution, either planned or 'spontaneous'. Accordingly, 'resettlement as in Ethiopia implies moving people or people moving to new locations; colonization as in Latin America implies opening up or reclaiming lands for utilization; and transmigration is favoured by those writing on the Indonesian experience and the word suggests cross-ocean or cross island relocation' (Dessalegn, 1989:668). Palmer refers to resettlement as 'a planned and controlled transfer of population from one area to another' (1979:149). Tadros (1979:122), in analyzing resettlement schemes in Egypt, applied the United Nations definition of human settlement as: 'development of viable communities on new or unused land through the introduction of people' and further defined resettlement in two models: spontaneous and paternalistic. The spontaneous model leaves full scope for individual initiatives, and no support is provided by national or international organisations. No attention is paid to the proper place and function of the settlement within the national context. In the paternalistic model, technical support such as education, tools, equipment and other assistance is provided to the settlers (Tadros, 1979:122). The above definitions can be used in a different fashion for this research, thus the term 'forced' or 'involuntary resettlement'. In reality, despite the good intentions for developing communities, resettlement can also 'under develop' communities in the sense that such communities face greater hardship compared to life before resettlement. To this extent, the working definition of 'resettlement' in this research is a poorly planned resettlement through a forced, involuntary relocation of communities onto unused land that is inadequate for communities to develop a productive and fully functional socio-economic system. This research has adapted the concepts proposed by Michael Cernea (1998), looking at involuntary resettlement in general. The concept of involuntary resettlement (in this research also termed as forced resettlement), which is the comprehensive concept most often used in the current social science literature, integrates 'displacement' and 'resettlement' into one single term, in which the emphasis on involuntariness directly connotes the forced displacement. The usual description of 'involuntary population resettlement' consists, as mentioned earlier, of two sets of distinct but related processes: displacement of people and the dismantling of their patterns of economic and social organization, and resettlement at a different location with reconstruction of their livelihood and social networks. Resettlement refers to the process of the physical relocation of those displaced, and to their socio-economic re-establishment as family/household micro-units and as larger communities. Displacement implies not only physical eviction from a dwelling, but also the expropriation of productive lands and other assets to make possible an alternative use of the space. This is not just an economic transaction or a simple substitution of property with monetary compensation. Involuntary displacement is a process of unravelling established human communities, existing patterns of social organization, production systems and networks of social services. Overall, forced displacement of communities causes an economic crisis for most or all of those affected, entails sudden social disarticulation, and sometimes triggers a political crisis as well (Cernea, 1998:2-3). This research investigates the implications of resettlement and the reconstruction of the livelihood of the affected settlers. Impoverishment Risks and Reconstruction Model (IRR) provides important variables to explore these issues further. Several important variables in the IRR model are utilised to create an independent framework for this research, and is explained in the following section. As Cernea explained, the IRR is a model of impoverishment risks during displacement, and of counteractions to match the basic risks where the multifaceted process of impoverishment was deconstructed into its fundamental components. The components are: landlessness, joblessness, homelessness, marginalisation, food insecurity, increased morbidity and mortality, loss of access to common property assets, and community disarticulation. This analytical deconstruction facilitates understanding of how these sub-processes interlink, influence, and amplify each other. Reconstruction, then, is the reversal of the impoverishment processes, and can be understood and accomplished along the same variables, considered in a holistic, integrated way (Cernea, 2000:5; 2003:40). IRR focuses on the social and economic contact of both segments of the process: the forced displacement and the re-establishment. The model captures processes that are simultaneous, but also reflects the movement in time from the destitution of displacement to recovery resettlement (Cernea, 2000:18). There are three fundamental concepts at the core of the model: risk, impoverishment and reconstruction. Each is further split into sets of specifying notions or components (as mentioned above) that reflect another dimension, or another variable of impoverishment or reconstruction (for example, landlessness, marginalisation, morbidity or social disarticulation). These variables are interlinked and influence each other; some play a primary role while others play a derivative role in either impoverishment or reconstruction (largely as a function of given circumstances). The conceptual framework captures the disparity between potential and actual risk. All forced displacements are prone to major socio-economic risks, but they are not fatally condemned to succumb to them. Cernea further explains that in this framework the concept of risk, as stated by Giddens (1990), is to indicate the possibility that a certain course of action will trigger future injurious effects – losses and destruction. Following Luhman (1993), the concept of risk is posited as a counter-concept to security: the higher the risk, the lower the security of displaced populations (Cernea, 2000:19). The model's dual emphasis – on risks to be prevented and on reconstruction strategies to be implemented – facilitates its operational use as a guide for action. Like other models, its components can be influenced and 'manipulated' through informed planning to diminish the impact of one or several components, as given conditions require or permit. That requires considering these variables as a system, in their mutual connections, and not as a set of separate elements. The model is also flexible as a conceptual template, allowing for the integration of other dimensions, when relevant, and for adapting to changing circumstances (Cernea, 2000:20). This model can be linked with other conceptual frameworks, to achieve complementary perspectives and additional knowledge (Cernea, 2000:21). There are four distinct, but interlinked, functions that the risks and reconstruction model performs: A predictive (warning and planning) function A diagnostic (explanatory and assessment) function A problem-solution function, in guiding and measuring resettlers´ reestablishment A research function, in formulating hypotheses and conducting theory-led field investigations For this research, the function falls under the third function, the problem-resolution. As Cernea explained, the problem-resolution capacity results from the model's analytical incisiveness and its explicit action orientation. The IRR model is formulated with an awareness of the social actors in resettlement, their interaction, communication, and ability to contribute to resolution. The model becomes a compass for strategies to reconstruct settlers´ livelihoods (Cernea, 2000:22). The IRR model clearly points out the results of social change and social disorganisation caused by involuntary resettlement. For the purpose of analysis, the two major variables used for the framework are: loss of access to common property assets and; social and community disarticulation, give a crucial foundation to exhibit the implications of forced displacement. Both of the major variables have been linked to understand the problems that are occurring in the community and households (shown as dependent variables - the coping mechanisms, the way settlers manage risks and the type of resources that people engage to strategise their livelihood). Each component respectively points out the results of change caused by involuntary resettlement i.e. competition over forest resources, state land and living space, and; dismantling of traditional power structure, communal structure and family structure. Although the central theme of the theoretical framework is forced displacement, the framework is expanded to the investigation of coping mechanisms, power structure and relations, and the way settlers strategize their livelihood. The research framework has aimed clearly at the impact of involuntary resettlement which is concluded in this research as causing the changes and social disorganization in the social structure of the settlers. However, the framework also extends to another level for the investigation of the strategies of rebuilding and restructuring of settlers. Main research findings With regard to the perspective to develop the indigenous people through resettlement program, as shown in this research, there are more losses than gains being achieved especially on the settlers' side. What they have left behind (history, livelihood, rights and identity) at their natural environment cannot be retrieved, and uncompensated. And it is also a fact, as proven in this research that the uncompensated losses continue to be the sole grievances of settlers and the factor of causing continuous displacement amongst settlers. This research concludes that as much as the involuntary resettlement has brought many new challenges to the Kenyah-Badeng, many of these challenges are beyond their capability to manage. The underlying problem is settlers were not actively involved in designing their future in the new settlement from the very beginning the project was proposed. The settlers were receiving diminutive information about the resettlement program, and very limited public platform for them to participate or to voice out their concerns and suggestions before its implementation. The factor that causes their continuous displacement is the non-existence of natural resources and land (other than the three acres given to them as part of the compensation) for them to generate income (remember that most of them are farmers without any skill useful to work in non-agricultural activities). Their life in the former village was hard but they were free to explore as much resources as possible, and they owned their native land. In the resettlement, they are as much strangers to the place as to the way of life they are faced with at the new settlement. In other words, settlers simply do not know how to behave appropriately in radically changed social situations because they are not equipped with necessary living tools. The study of the displacement of the Kenyah-Badengs is concluded in three important aspects as follows: Power structure and relations - In power structure and relations, kinship has always been an important aspect that became the reference for any struggle over leadership issue. Kinship is viewed on a larger scale that includes not only blood relation, but also aspects such as others who came from the same root, indicating that kinship in that term was very much related to sharing of the same history of settlement, migration and culture. It has been proposed that kinship was one crucial aspect that binds this community together, but not likely to be true at the new settlement. The power structure in the Kenyah-Badeng community at the resettlement stand as a separate system, failed to bind the people together, no orders from the leader and not accepting orders by the people. However, they carry out the norm of being as peaceful community, as they have always been. Coping through family network – Because of the failure of power structure and relations, the Kenyah-Badeng become family/household oriented in their livelihood strategies. The family network proves to be the most important coping mechanism for such challenging social environment. The family network provides a platform for its members to generate income, employment, social and moral support, education, and security in general. Livelihood strategies – With the absence of promised resources, settlers are faced with many problems with regards to economic aspects at the new settlement. Their agriculture knowledge is insufficient to success them for employment in town. They mainly work on their allocated three acres of land with other problems tagged along as the lands are located at sloppy and slumps area, as well as faced with low grade soil. For their agriculture productions, they are faced with marketing problem because of the established sellers who refused to allow them to get into the network. This research also humbly suggesting an alternative for settlers to improve their livelihood based on the available resources at the resettlement with the assistance of the state government, at least to initiate strategies for marketing. Settlers need "retooling" in many aspects of agriculture knowledge as that is what they have known best to build their livelihood. Government agencies should assist in terms of skill training related to effective methods to produce quality agriculture productions on their three acres of land. Horticulture should be encouraged on their three acres plot and this method has been carried out by the settlers in their swidden agriculture (slash and burns) at their former village areas. At the new settlement, the prospect of horticulture on pesticide free and organic food can be very encouraging. Methods The information and data for this research were obtained through formal and informal interviews, household survey, household in-depth interviews, and secondary data from available sources in prints, documents and internet. Questions for the interviews were formulated first based only on the research questions. At the field site, questions were expanded and added after numerous trial interviews with key informants to improve the questions before the real interviews were conducted. There were 55 household surveys, and from this survey, 20 households were selected randomly for the household in-depth interviews. The head of households were both male and female. Outline of the thesis This research is organized in chapters as the following summary: Chapter 1 provides the background information of the research area i.e. descriptively introduces Belaga, the region where Bakun Hydroelectric Project (BHEP) was implemented, the implementation of BHEP and the reaction of the local inhabitants. The resettlement in Sg. Asap, and the composition of the settlers are also discussed in this chapter. Chapter 2 touches the historical perspective of the Kenyah-Badeng focuses on their livelihoods at Long Geng, their former village before they resettled at Sg. Asap. This chapter also includes a brief history of their migration and settlement to Long Geng, and also the political structure in Long Geng. Chapter 3 discusses the power structure and relations of the Kenyah-Badeng. This chapter draws on the first stage of displacement i.e. processes of losing common property and space with prominent issues such as compensation, land rights and the expected involvement of local leaders in the whole process of the resettlement as highlights of the discussion. Brief history of land legislation in Sarawak based on the interpretation of Native Customary Land and native's rights over ancestral land based on literature reviews is illustrated in this chapter. The purpose of this illustration is to understand the background and general problems of land identification within the Kenyah-Badeng community prior to payment of compensation. Chapter 4 focuses on the discussion of the coping mechanisms employed by the settlers in handling crucial issues pertaining to their livelihood at the resettlement. In fact, this chapter continues the discussion of the stages of displacement highlighting the other two stages by discussing in-depth the situation of "loss of access to common property and space" and "social and community disarticulation". The headings of objectives outlined by State Planning Unit, Sarawak in the development plan of the resettlement are utilized as the base to explain the cause of the displacement and to illustrate the reality at present life of the Kenyah-Badeng. Chapter 5 focuses on the livelihood strategy in which family network is important as the platform for pooling resources. Departing from forced displacement, this chapter illustrates the emergence of coping reaction amongst the settlers by analyzing the family network discovered within the households interviewed in this research. Chapter 6 highlights the changing livelihood of the settlers highlighting the significant of wage employment where remittance is crucial to support their family who are living at the resettlement. The current perspective of settlers towards education and their willingness to invest into their children's education is also discussed in this chapter. Chapter 7 summarizes the research findings and concludes the research.
The Indonesia Economic Quarterly (IEQ) has two main aims. First, it reports on the key developments over the past three months in Indonesia's economy, and places these in a longerterm and global context. Based on these developments, and on policy changes over the period, the IEQ regularly updates the outlook for Indonesia's economy and social welfare. Second, the IEQ provides a more in-depth examination of selected economic and policy issues, and analysis of Indonesia's medium-term development challenges. It is intended for a wide audience, including policymakers, business leaders, financial market participants, and the community of analysts and professionals engaged in Indonesia's evolving economy. This paper discusses about the economic conditions of Indonesia for the year 2015. Emerging market assets rebounded in October 2015 after the sharp losses recorded in August and September, when the uncertainty about the Chinese economic slowdown and the U.S. interest rate outlook was particularly high. Despite a more favorable market sentiment, capital flows to emerging economies have remained weak and borrowing costs relatively high. In addition to tight financing conditions, Indonesia faced subdued external demand for its exports in the near term and persistently low commodity prices over the medium run. In 2015, fire in Indonesia cost nearly twice that of reconstruction following the 2004 tsunami in Aceh. Agriculture and forestry have sustained losses and damages in trillions. Sustained exposure to haze could also lead to the volcano effect, i.e., a decrease in plant productivity in the short term due to limited sun exposure and a deleterious effect on plant physiology and photosynthesis. The recurring nature of Indonesia's fire crisis is of particular concern. Another potential step in Indonesia's new reform process was the country's signaling its intention to join the Trans-Pacific Partnership (TPP) agreement in the near future. Whether membership materializes or not, the agreement is likely to have a limited impact on trade, because import tariffs in member countries are already low and Indonesia has trade agreements with most of them.
Lebanon faces serious challenges from a volatile security environment and spillovers from the ongoing Syrian conflict which pose serious risks to an already fragile internal political situation. Security incidents have become increasingly more common and the volatile security environment is weakening consumer and investor sentiments and adversely affecting tourism, a central contributor to economic growth and employment in Lebanon. The influx of Syrian refugees to Lebanon persists, with officially registered refugees reaching close to 1 million (i.e., 21.6 percent of Lebanon's pre-conflict population), which poses significant fiscal, health and educational challenges.
Since 2004 (Ethiopian Fiscal Year (EFY) 1997), Ethiopia has experienced strong and generally broad-based real economic growth of around 10.6 percent on average between then and 2011. Growth over the last nine years was far beyond the growth rates recorded in aggregate terms for Sub-Saharan Africa (SSA), which on average only reached 5.2 percent, less than half of Ethiopia's average real gross domestic product (GDP) growth rate during that period. Inspired by the East Asian experiences for a comparison of selected indicators and policies of Ethiopia and China/Korea), growth was induced through a mix of factors including agricultural modernization, the development of new export sectors, strong global commodity demand, and government-led development investments. The initial double digits growth rates have now manifested slightly lower but remain at high single-digit levels. The economy is expected to stabilize at around seven to eight percent in 2012, largely owing to improved performance in the agriculture sector. GDP growth is likely to stay around that margin up until 2016 (EFY 2008) driven by rising foreign investment and exports (Economist Intelligence Unit 2012). High inflation persists, but is on a slightly decreasing trend. Economic growth brought with it positive trends in reducing poverty, in both urban and rural areas. Ethiopia follows a strategy of increasing exports to facilitate growth. This is appropriate given the currently limited size of its domestic market and it is consistent with the development experience of some of the recently successful countries, particularly in East Asia. Export of goods growth is to a good extent driven by volume growth across a variety of product groups, which indicates that this growth is a result of recent efforts to increase and diversify the export base. Overall export and import developments result in a significantly increased trade deficit by 43 percent, up from US$5.5 billion in 2010/11 to US$7.9 billion.
Doing business in India 2009 is the first country specific subnational report of the doing business series that measures business regulations and their enforcement across India. Doing business in India 2009 covers 10 out of the 12 previously measured cities, and documents their progress. It adds 7 new locations, expanding the study to 17 locations. Comparisons with the rest of the world are based on the indicators in doing business 2009. The indicators in doing business in India 2009 are also comparable with the data in other subnational and regional doing business reports. The indicators are used to analyze economic outcomes and identify what reforms have worked, where, and why. Other areas that significantly affect business, such as a country's proximity to markets, the quality of infrastructure services (other than services related to the trading across borders indicator), the security of property from theft and looting, the transparency of government procurement, macroeconomic conditions, or the underlying strength of institutions, are not directly studied by doing business.
Beginning in the late 1980s many developing countries turned to the private sector to provide basic infrastructure and utility services, such as highways, railroads, water, wastewater, electricity, gas, and telecommunications. Recent studies suggest that private involvement often benefited customers and reduced government fiscal problems without harming employees or enriching private providers excessively. There were enough high-profile failures, however, to discredit this reform in many quarters. Private involvement is likely to be more successful if it generates real efficiency gains rather than simply transferring costs among parties, if the systems of regulating the private companies are politically sensitive as well as technically competent, if the costs and constraints of private capital are not excessive, and if we are willing to adopt more modest and gradual schemes in difficult circumstances.
Despite an abundance of cross-section, panel, and event studies, there is strikingly little convincing documentation of direct positive impacts of financial opening on the economic welfare levels or growth rates of developing countries. The econometric difficulties are similar to those that bedevil the literature on trade openness and growth, though if anything, they are more severe in the context of international finance. There is also little systematic evidence that financial opening raises welfare indirectly by promoting collateral reforms of economic institutions or policies. At the same time, opening the financial account does appear to raise the frequency and severity of economic crises. Nonetheless, developing countries continue to move in the direction of further financial openness. A plausible explanation is that financial development is a concomitant of successful economic growth, and a growing financial sector in an economy open to trade cannot long be insulated from cross?border financial flows. This survey discusses the policy framework in which financial globalization is most likely to prove beneficial for developing countries. The reforms developing countries need to carry out to make their economies safe for international asset trade are the same reforms they need to carry out to curtail the power of entrenched economic interests and liberate the economy's productive potential.
In this paper, authors first review the literature on the relation between finance and growth. Theory provides ambiguous predictions concerning the question of whether financial development exerts a positive, causative impact on long-run economic growth. The second part of this paper reviews the literature on the historical and policy determinants of financial development. Governments play a central role in shaping the operation of financial systems and the degree to which large segments of the financial system have access to financial services. The authors discuss the relationship between financial sector policies and economic development. The remainder of the paper proceeds as follows. Sections one and two review theory and evidence on the relation between finance and growth. Section three turns to an examination of financial sector policies, and section four concludes.
This article reviews the main issues of regulating and supervising banks in emerging markets with a view toward evaluating the long-run options. Particular attention is paid to Latin America and East Asia. These economies face a severe policy commitment problem that leads to excessive bailouts and potential devaluation of claims of foreign investors. This exacerbates moral hazard and makes a case for importing external discipline (for example, acquiring foreign short-term debt). However, external discipline may come at the cost of excessive liquidation of entrepreneurial projects. The article reviews the tradeoffs imposed by external discipline and examines various arrangements, such as narrow banking, foreign banks and foreign regulation, and the potential role for an international agency or international lender of last resort.
This article sets flight capital in the context of portfolio choice, focusing on the proportion of private wealth that is held abroad. There are large regional differences in this proportion, ranging from 5 percent in South Asia to 40 percent in Africa. The authors explain cross-country differences in portfolio choice using variables that proxy differences in the risk-adjusted rate of return on capital. They apply the results to three policy issues: how the East Asian crisis affected domestic capital outflows; the effect of the International Monetary Fund-World Bank debt relief initiative for heavily indebted poor countries on capital repatriation; and why so much of Africa's private wealth is held outside the continent.
Although the link between improved infrastructure services and economic growth is uncertain, it is clear that reforms aimed at creating competition and regulating natural monopolies establish an environment conducive to private sector participation, incentives for companies to strive for efficiency savings that can ultimately be passed on to consumers, and greater provision of services (such as faster roll-out of infrastructure or innovative solutions to service delivery for customers not connected to an existing network). In determining the form that infrastructure restructuring might undertake or the design of a regulatory agency, policymakers can generally benefit from a review of the experiences of other countries. A key element of any decision making process should be a review of how the various types of reform will affect the efficiency of the sector and whether they will increase private financing of its significant investment needs.
The purpose of this handbook is to provide policy makers with a framework to assess a tax system in its entirety, measure its various parameters and how it is administered, and defines best practices for tax policy and administration that will yield a tax system that is simple and predictable and does not create an undue burden on private enterprise. This handbook is primarily designed for policy makers and tax practitioners. The goal is to analyze the impact of income tax, the value added tax (VAT), and other local taxes that are imposed on business. This handbook does not analyze the effects of trade and labor taxes such as social security. The administration of the customs duty is unique and has been addressed extensively in the literature on customs modernization. Labor taxes primarily imposed on salaried individuals are not covered by this handbook, even though their incidence affects business. VAT has been included even though it is a tax on consumption because the administrative burden to comply with it is primarily on business.
IntroducciónLas sucesivas crisis fiscales que han acontecido en la problemática historia económica argentina han sido causadas principalmente por dos situaciones: la existencia de una desmesurada confianza que generaba burbujas (como la "crisis de progreso" de 1890) o una irresuelta puja distributiva que generaba déficit fiscales insostenibles (por ejemplo, 1975, 1989, 2001).Este trabajo hace hincapié en la segunda situación e intenta argumentar el inicio de las pujas distributivas irresueltas en el juego de suma cero que prosiguió a la incipiente articulación del proceso de industrialización argentino en la década del 20'.En primer lugar, debemos argumentar el comienzo del proceso de industrialización en los 20', detallando las visiones contrapuestas. En segundo lugar, debemos discutir por qué este proceso habría supuesto un juego de suma cero. En tercer lugar, intentaremos demostrar por qué, asumiendo la existencia de un juego de suma cero, eso necesariamente devendría causa de la volatilidad de los ciclos económicos argentinos y, eventualmente, de las sucesivas crisis fiscales.Por ende, primero debemos introducir brevemente el debate sobre las condiciones del proceso de industrialización en Argentina.La década del 20 y el proceso de industrialización¿Hay una relación analítica entre el juego de suma cero entre el sector agropecuario y el sector industrial y la sistemática presencia de crisis fiscales en la economía argentina? ¿Cuándo comienza el juego de suma cero entre el sector agropecuario y el sector industrial y cuál es la relación entre ese juego y las sucesivas crisis fiscales argentinas? Este trabajo intenta marcar la existencia de una relación analítica entre la oposición campo-industria y la acentuada volatilidad de los ciclos económicos argentinos.Si bien la literatura especializada había mencionado la década del 30' como el momento histórico donde se consolida la incipiente industria, contemporáneamente los historiadores han situado ese proceso mucho antes: según Fernando Rocchi, en la década final del siglo XIX pueden verse intentos de protección a industrias nacientes en el interior del país, como la vitivinícola en Mendoza y la caña de azúcar en Tucumán (1). Los grupos de interés se articulaban eficientemente para lograr cuotas y tarifas que impidieran el acceso al mercado doméstico de bienes producidos en el extranjero.Un trabajo muy influyente sobre el rol jugado por un proceso de industrialización tardío es "Las Etapas del Desarrollo Económico Argentino", donde Guido Di Tella y Manuel Zymelman desarrollan la teoría de la "gran demora". ¿En que consiste? En la supuesta incapacidad de los policy makers en ver que se agotaba un (largo) modelo y ciclo económico, siendo necesario empezar a pensar una nueva manera de insertarse en una economía mundial que iniciaba un proceso de cambio. Para los autores, se había alcanzado la frontera de producción agrícola y se necesitaba pensar un nuevo país basado en el desarrollo de una política industrial específica. Sin embargo, esta posición tiene demasiados problemas. Por un lado, supone un análisis ex post de los acontecimientos. Es decir, Di Tella y Zymelman exponen la supuesta incapacidad de los dirigentes para realizar un cambio de política desde la perspectiva que les daba conocer el futuro. A su vez, la teoría de la "gran demora" no se cuestiona por qué no se podía profundizar la frontera de producción agrícola, asumiendo que efectivamente se hubiera alcanzado. ¿Qué había hecho que los 20' reflejaran un límite para la expansión agrícola? ¿Por qué la economía argentina no habría podido lograr nuevas ganancias de productividad en el sector? (2).En cambio, Javier Villanueva critica la visión tradicional sobre el inicio de la industrialización en los 30´, producto de las dificultades que supuestamente habría generado la Gran Depresión. Según Villanueva, esa es una versión "olímpica", es decir, alejada del análisis detenido de los acontecimientos locales. El autor sostiene que la industria argentina había comenzado a despegar en los años 20´ como consecuencia de una incipiente política proteccionista. Villanueva considera acertada la implementación de este conjunto de políticas. Según Villanueva, "…puede observarse que la tasa de crecimiento de la actividad industrial es por lo menos igual o aun mayor para el periodo comprendido entre 1911-1929, que para el periodo 1929-1939…si lo que se somete a la observación es, no ya la tasa de crecimiento del sector mismo, sino de la participación porcentual en la producción total del país, las conclusiones son parecidas a las señaladas anteriormente…"(3).A su vez, sostiene que:Los datos del censo de 1946 sugieren la idea de que, en lo que se refiere a la creación de establecimientos industriales, con independencia de su tamaño, los años 20´ no resultaron menos fructíferos que los del 30´. En 1946 continuaban produciendo 9943 empresas de la cepa de 1926-1930 contra 9962 del periodo 1931-1935…La tasa de crecimiento más elevada de la inversión en el sector industrial corresponde a los años 1923-1929. Un examen de la inversión en equipos y maquinarias industrial contribuye a reafirmar lo expuesto en los párrafos anteriores: entre los años 1924 y 1930 se produce la más amplia inversión en el sector industrial hasta la segunda guerra mundial. (4)Podemos ver el siguiente cuadro elaborado por el autor:Producto Bruto Nacional: Sectores agrícola y manufactureroParticipación y aumento en la participación (1900 – 1950) Fuente: Javier Villanueva, "El origen de la industrialización argentina," Op. cit., [en línea] disponible enwww.educ.ar 7.Por su parte, Pablo Gerchunoff y Horacio Aguirre ven en la política económica de los 20' un antecedente del peronismo pero con apertura, es decir, salarios reales altos, un desarrollo industrial incipiente y un sector agro-ganadero con menor peso relativo. Para los autores The 1920s are thus placed as a "missing link" in Argentine economic history: it is a period that does not seem to carry with it distinct features of its own, but rather tends to be depicted as either the proto-history of economic stagnation or the epilogue of open-economy development…The fact that import prices retained during the 1920s part of their gains of the previous decade, gave way to conditions that favoured a 'spontaneous' kind of protection; in contrast, high export prices in the 1940s presented peronism with an opportunity to seize resources and allocate them to the industrial sector. Whereas the radical administrations would not break ties with the past in terms of identifying exports as the growth engine, and would thus take an attitude of 'benign neglect' towards industry, the peronist creed had industrial development as one of its pillars -and so would finance subsidies to industries with the trade surplus. It was 'market driven' industrialisation that took place in the 1920s, as opposed to active pro-industrial policies in the 1940s." (5)A partir de estas distintas posiciones que reflejan los historiadores económicos, podemos ver que la década del 20' no es el comienzo del proceso de industrialización argentino pero sí deviene como el periodo donde, sin saberlo los actores, se estaba alcanzando un punto en que la continuación exitosa del histórico modelo agro exportador necesitaría de inversiones importantes para mantener su eficiencia económica. En este sentido, la articulación de un sector industrial con capacidad para capturar rentas devenía no sólo un problema para el sector agropecuario sino para la economía en su conjunto.El comienzo de un proceso de industrialización no necesariamente tiene que generar juegos de suma cero con otros actores. ¿Por qué ello habría ocurrido en Argentina y cuales han sido sus características peculiares?Oposición campo - industria y juegos de suma ceroA partir de los aportes de los historiadores económicos, podemos reformular el problema: la década del 20' no significa el comienzo del proceso de industrialización argentino, sin embargo, puede significar el comienzo del juego de suma cero entre el sector agropecuario y el incipiente sector industrial. ¿Cuándo se dan los juegos de suma cero? Cuando hay dos o mas actores con la suficiente capacidad para generar y mantener un marco institucional donde uno captura sistemáticamente la mayor eficiencia de otro. Es importante notar que lo analíticamente relevante no es la existencia de un juego de suma cero sino la permanencia del mismo en el tiempo. Es decir, un problema atrae a analistas e historiadores no cuando sucede en un momento T1 sino cuando sigue sucediendo, sin solución de continuidad, en T2, T3, Tn. Así, lo que debemos responder es por qué se mantiene en el tiempo un marco donde un sector A es lo suficientemente productivo para ser sistemáticamente capturado y un sector B es lo suficientemente eficiente para capturar sistemáticamente a A.¿Por qué el juego de suma cero habría comenzado en los 20' y por que no había existido tal juego anteriormente? Como mencionamos, para la existencia de un juego de suma cero se necesitan al menos dos actores: uno que produzca los bienes que otro captura. Podemos pensar que antes de la década del 20' no estaban en la economía argentina suficientemente configurados los actores relevantes para la existencia de un juego de estas características. Es decir, el sector agropecuario expandía su producción y el mundo demandaba sus productos, mientras que por otro lado el sector industrial no era lo suficientemente articulado y poderoso como para capturar parte de las rentas agropecuarias. La década del 20 da comienzo a una particular economía política de la Argentina por la concatenación de estas características: 1) un sector agropecuario (relativamente) menos productivo que en el pasado, 2) un sector industrial en proceso de articulación y 3) una crisis en ciernes. ¿Cuál es la novedad analítica que nos provee la economía política de finales de los 20'? La existencia de un sector industrial con la capacidad de capturar la renta de un sector lo suficientemente productivo para ser capturado justo en el momento histórico donde acontecía una caída en la demanda de lo que producía dicho sector capturado y la economía mundial se adentraba en una Gran Depresión. ¿Es azarosa la aparición conjunta en el tiempo de un sector industrial con la capacidad de capturar y una economía que se avecinaba a la situación de un juego de suma cero? No necesariamente. Es posible que la mayor capacidad de captura se haya debido a la debilidad relativa que crecientemente mostraba el eficiente sector agropecuario argentino.El juego de suma cero que se avecinaba puede ser percibido en la siguiente definición de Gerchunoff y Llach:Mencionamos dos asimetrías. Una podría llamarse la asimetría sectorial; otra, la asimetría regional. La asimetría sectorial alude a la vasta brecha de productividad entre actividades primarias y secundarias. Como consecuencia de la escasa población y de la abundancia de tierra fértil (combinadas, al menos en un principio, con una mínima existencia de capital acumulado), la Argentina estuvo siempre muy bien preparada para producir alimentos. Esa ventaja absoluta para la elaboración de bienes primarios, resultado de la demografía y de la naturaleza, fue al mismo tiempo la fuente de la gran desventaja comparativa que siempre tuvo la Argentina para la producción industrial, que requería precisamente los factores menos abundantes, el trabajo y el capital. La relación entre abundancia de factores productivos y perfil productivo era visible para los observadores más agudos de la joven Argentina. Carlos Pellegrini presentaba en el Congreso de 1899 una versión rudimentaria del teorema Heckscher-Ohlin: "En la República Argentina es muy caro el capital y es muy cara la mano de obra, por ejemplo, mientras que hay otras naciones en que una y otra cosa son más baratas. En la República Argentina hay facilidades de otro orden, que no se encuentran en otros países. Una industria cualquiera que requiriera mucha mano de obra, sería una industria muy difícil de arraigar en la República Argentina, porque desde el principio tendría que luchar contra esta condición especial nuestra, que es la falta de mano de obra." (6) Podemos introducir la cuestión de la oposición campo-industria desde la perspectiva analítica que da la oposición campo-ciudad. Sostiene Varshney Ashutosh:A history of ideas on town-country struggles must start with the obvious fact that as economies develop and societies modernize, agriculture declines. Before the rise of industrial society, all societies were rural. If we look at the most industrialized societies of today, their agricultural sectors constitute less than five per cent of GDP. Contrariwise, in the poorest economies of the world, agriculture still accounts for anywhere between 30 to 65 per cent of GDP (World Bank, 1991: 208-9).(7)Así, si bien el autor se refiere a la problemática relación campo-ciudad en África, el desarrollo que hace nos sirve para Argentina:Using theories of collective action, Bates (1981) reformulated this argument. One can identify 3 steps in his argument. First, to extract resources for the treasury, city and industry, African states set prices that hurt the countryside. Second, by selectively distributing state largesse (subsidies and projects), African states divide up the countryside into supporters that benefit from state action and opponents who are deprived of state generosity, and are frequently punished. Such policy-induced splits pre-empt a united rural front. Third, independently of the divisive tactics of the state, rural collective action is difficult because (a) the agriculture sector is very large with each peasant having a small share of the product, and (b) it is dispersed, making communication difficult. The customary free-rider problem in such situations impedes collective action. Industry, on the other hand, is small and concentrated in the city, and the share of each producer in the market is large, making it worthwhile for each producer to organize."(8)A su vez, la asimétrica relación entre el campo y la industria depende en parte importante del grado de desarrollo de la economía en cuestión. Richard Peerlberg ha realizado una síntesis del problema en el American Journal of Agricultural Economics:Un excelente estudio para explicar por qué todos los países desarrollados tienden a proteger a los productores agropecuarios es un libro publicado por Anderson y Hayami. Los autores realizan una comparación de las variaciones nominales en la protección del sector agrícola (es decir, la ratio entre el precio interno y el externo) en 15 países, desarrollados y en vías de desarrollo, en el periodo 1955-80. Los autores encuentran que el 70% de estas variaciones en la protección nominal puede ser explicada, país por país, a través de la variación de los indicadores de urbanización e industrialización (indicadores como ratio tierra-trabajo y ratio productividad del trabajo agrícola versus productividad del trabajo industrial). Anderson y Hayami concluyen que, mas allá de la distintiva historia de un país, su cultura o instituciones, el nivel de protección para el sector agrícola tenderá a crecer junto a la industrialización, o más precisamente, cuando las ventajas comparativas de la agricultura decrecen. Así, en cuanto las ventajas comparativas se trasladan de la agricultura a la industria, el foco de la protección cambiará desde la industria a la agricultura. Anderson y Hayami estudian particularmente esta tendencia en Asia Oriental, donde países como Japón, Corea, y Taiwán han pasado dramáticamente de castigar impositivamente a proteger al agro, una vez que el rápido proceso de industrialización comenzó.(9)De la cita anterior surge un punto analítica y políticamente central para este trabajo: mientras en los países desarrollados la industrialización supuso un proceso donde se pasaba de castigar a proteger al sector agropecuario, la experiencia Argentina ha mostrado el camino inverso. El país "era desarrollado" cuando no se protegía al agro y comenzó a retrasarse (relativamente, en relación al ingreso per capita de los países ricos) cuando inició el supuesto proceso de industrialización. Es decir, este camino inverso refleja la asimétrica relación entre un sector agrícola altamente productivo y un sector industrial poco productivo. El siguiente gráfico refleja la decadencia relativa:Evolución relativa del ingreso por habitante de Argentina.Ingreso per cápita argentino como % del promedio entre Estados Unidos, Francia, Reino Unido, Italia, Alemania, Bélgica, Canadá, Australia, Nueva Zelanda y Brasil. Fuente: Pablo Gerchunoff y Lucas Llach, Ved en Trono a la Noble Igualdad, Op. cit., 8.Juegos de suma cero y repetición de crisisDurante la crisis y post crisis de 1929 es cuando comienza a consolidarse el juego de suma cero que se institucionaliza en la estable puja distributiva que impone el primer peronismo. La influencia que la Gran Depresión ha tenido en la economía política de la Argentina no puede subestimarse. Tanto la Gran Depresión como el primer peronismo son variables centrales para entender por qué acontece una puja distributiva de baja calidad institucional, que se consolida en el tiempo independientemente de las sucesivas crisis fiscales que ayuda a provocar. Podemos ver los siguientes indicadores:La depresión del comercio argentino:exportaciones e importaciones durante la crisis Fuente: Pablo Gerchunoff y Lucas Llach, El ciclo de la ilusión y el desencanto: Un siglo de políticas económicas argentinas (Buenos Aires: Ariel, 1998), 114. (De aquí en adelante: Pablo Gerchunoff y Lucas Llach, El ciclo de la ilusión y el desencanto)¿Cuáles son las nuevas variables que aparecen con la Gran Depresión? La principal variable que genera la crisis es una ola proteccionista. Una segunda variable, relacionada con la primera, es la incipiente consolidación de la Industrialización por Sustitución de Importaciones (ISI), modelo económico-político que es institucionalizado por el primer peronismo. Una crisis puede tener la particularidad de generar incentivos económicos e institucionales anteriormente inexistentes. Sin embargo, lo relevante de la crisis del 29' para la economía política de la Argentina ha sido contribuir a generar nuevos incentivos que se fueron consolidando con las sucesivas crisis. Es decir, es un dato analítico inusual que las posteriores crisis fiscales hayan contribuido a institucionalizar un patrón de captura en vez de generar incentivos para al menos intentar modificar la economía política del estancamiento.La crisis del 29' nos provee también indicadores comparados:Un mundo en crisis:Caída máxima del producto en tiempos de la Depresión (%) Fuente: Gerchunoff, Pablo y Llach, Lucas, El ciclo de la ilusión y el desencanto, Op. cit., 119.Como mencionamos, podemos ver que la puja distributiva que comienza en el juego de suma cero de finales de los 20's se consolida durante el primer peronismo(10): Fuente: elaboración propia con datos provistos en CD con estadísticas de Gerardo Della Paolera y Alan Taylor,A New Economic History of Argentina (EEUU: Cambridge University Press, 2003): Nominal Wage Index (IEERAL (1986) and Mundlak, Cavallo and Domenech (1989)) (De aquí en adelante: Gerardo Della Paolera y Alan Taylor, A New Economic History of Argentina)La puja distributiva también queda reflejada en el Índice de Precios al Consumidor: Fuente: elaboración propia con datos provistos en CD con estadísticas de Gerardo Della Paolera y Alan Taylor,A New Economic History of Argentina, Op. cit.Por otro lado, podemos ver como después de la Gran Depresión los salarios del sector agropecuario se recuperan en parte, para volver a caer con la llegada del primer peronismo. En cambio, los salarios del sector industrial permanecen en una meseta durante la Depresión, para alcanzar un aumento notable con la llegada del peronismo: Fuente: elaboración propia con datos provistos en CD con estadísticas de Gerardo Della Paolera y Alan Taylor,A New Economic History of Argentina, Op. cit.Por último, es necesario mostrar la discriminación al campo que se consolida e institucionaliza con el primer peronismo:La discriminación al campo(Base 1925-1929 = 100) Fuente: Gerchunoff, Pablo y Llach, Lucas, El ciclo de la ilusión y el desencanto, Op. cit., 189.¿Por qué habría una relación entre el juego de suma cero planteado y la repetición de las crisis fiscales en Argentina? Como mencionamos, la década del 20 contribuyó a consolidar un proceso de industrialización de baja calidad. En ese marco, el problema no sólo era la mala calidad de la industrialización sino el momento histórico donde ello acontecía. Cuando más se necesitaban recursos para producir nuevas ganancias de productividad en el sector agropecuario argentino, comenzaba una eficiente captura por parte de un nuevo actor. Esta sistemática captura puede ejemplificarse en la aparición de la Junta Nacional de Granos en 1935 y en las políticas distributivas implementadas por el primer peronismo(11). Sin embargo, aquí el punto analítico principal es que el juego de suma cero se institucionaliza con el primer peronismo, y las sucesivas crisis fiscales son incapaces de generar incentivos como para modificar la captura en marcha.A partir de la cita anterior de Astoney Vahsney, podemos pensar que la complejidad de la experiencia argentina se debe en parte a la existencia de un proceso de industrialización donde el perjudicado es el sector agropecuario y el protegido es precisamente un sector industrial con bajos índices de productividad. Siguiendo esta lógica, es posible ver que la mala calidad del proceso de industrialización argentino institucionaliza un marco estable de captura porque el sector eficiente es también el más atomizado políticamente. Así, las sucesivas crisis fiscales reflejan la existencia de una irresuelta puja distributiva. Esta particular economía política de la captura puede ayudarnos a articular una explicación sobre la estabilidad del estancamiento.El juego de suma cero supone la existencia de cierta ineficiencia económica y esta a su vez supone la posibilidad de un sector público que gasta por encima de sus ingresos. A su vez, eso genera una crisis. Sin embargo, esa crisis fiscal no necesariamente supone una cesación de pagos. Della Paolera, Irigoin y Bózzoli hacen hincapié en un punto analíticamente central: para ellos, los problemas de incumplimiento del sector público argentino no tienen que medirse sólo en relación al default de bonos de la deuda sino al default interno que significa la desvalorización de la moneda local debido a la inflación causada por la excesiva monetización. La impresión de moneda local es una deuda que el Estado contrae con sus ciudadanos y la monetización de los déficits es, para los autores, una manera de incumplir con las obligaciones asumidas. Es decir, no sólo se pueden violar los derechos de propiedad a través de la cesación de pagos de bonos de la deuda publica sino también a través de la cesación de pagos de hecho que significa la impresión de moneda que genera procesos inflacionarios. En palabras de los autores:As was the case prior to 1850s, currency issue was the ultimate recourse taken to meet the fiscal gap. This was the result of the government's capacity to influence the authorities in charge of monetary policymaking. Eventually, excessive monetary expansion led to inflation and allowed the government to repudiate some of its liabilities. Because inflation diminished the real value of money, the monetization of the fiscal deficit acted as a progressive expropriation of domestic currency held by private agents, i.e., it acted as an inflation tax. This permanent erosion in the purchasing power of the public's cash holdings had dramatic consequences. Over time, this repeatedly used device reached extreme proportions: on a percentage basis, increases in the fiscal deficit were often met one-for-one with increases in inflation tax…The use of monetization to finance persistent fiscal deficits was one of the main problems of the Argentine economy in the second half of the 20th century. (12)Las crisis económicas pueden reflejarse en incumplimientos en el pago de bonos pero también en el valor de la moneda local. El sector público argentino ha sistemáticamente monetizado sus déficits y generado así ganadores y perdedores. Sin embargo, lo destacable del proceso ha sido la dificultad para modificar el patrón de captura. Es decir, una pregunta central que debe responder la historia económica no es la existencia de una puja distributiva sino la irresuelta permanencia de la misma. En este trabajo hemos intentado marcar que esa irresuelta permanencia se ha debido en parte a la compleja e inusual relación dada en un país que elige para modernizarse depender de la eficiencia del sector agropecuario. A su vez, ello no sólo generó la existencia de un juego de suma cero sino la estabilidad de ese juego. La razón de la estabilidad hay que buscarla en la lógica de la acción colectiva: el incipiente sector industrial no sólo era ineficiente económicamente sino que se encontraba en una relación de poder asimétrica y ventajosa con el crecientemente desarticulado sector agropecuario, situación que contribuyó a institucionalizar el juego de suma cero incluso ante la sucesión de crisis fiscales.Consideraciones finales¿En qué medida el incipiente proceso de industrialización en marcha en los años 20' potenció un juego de suma cero entre el campo y la industria y, al hacerlo, ha contribuido a generar diversos ciclos de expansión populista que, dado su volatilidad, ayudaron a consolidar un marco institucional de sucesivas crisis? Es decir, ¿potencian los juegos de suma cero la volatilidad de los ciclos económicos?En el presente trabajo hemos intentado marcar una relación entre el juego de suma cero del campo y la industria y la volatilidad de los ciclos económicos en Argentina a partir de la institucionalización de la captura. ¿Cuál ha sido la particularidad de la economía política de la Argentina? Posiblemente, que la captura ha sido estable debido a que el proceso de modernización supuso la protección para la industria y no para el campo. Esto hizo estable la captura y una captura estable devino en sucesivas crisis fiscales que, a su vez, no podían generar un cambio posterior en los incentivos institucionales.La volatilidad del ciclo económico argentino ha sido producto en parte de la mala calidad de la puja distributiva. Una puja distributiva es de mala calidad cuando se institucionaliza una captura de un actor sobre otro y las sucesivas crisis (de mayor o menor volatilidad) no pueden modificar los incentivos. Si bien podemos enumerar decenas de pujas distributivas que permanecen en la misma dinámica, sin solución de continuidad, debemos preguntarnos qué tiene de distintivo la puja que surge con el proceso de industrialización. Lo distintivo es la concatenación con la Gran Depresión y la necesidad de desarrollar importantes inversiones en un sector agropecuario que debía competir con un mundo crecientemente protegido pero competitivo. A su vez, la mala calidad de la industrialización argentina se concatena con una eficiente articulación política del sector urbano-industrial. Asimismo, el peronismo institucionaliza este mecanismo y hace que la puja distributiva que había nacido fuera de difícil modificación incluso después de sucesivas y profundas crisis fiscales. BibliografíaDella Paolera, Gerardo y Alan Taylor. A New Economic History of Argentina. EEUU: Cambridge University Press, 2003.Di Tella, Guido y Manuel Zymelman. Las etapas del desarrollo económico argentino. Buenos Aires: Eudeba, 1967. Díaz Alejandro, Carlos. Essays on the Economic History of the Argentine Republic. New Haven: Yale University Press, 1970.Gerchunoff, Pablo y Horacio Aguirre. In Search of the Missing Link: the Argentine Economy in the 1920s. Mimeo. Buenos Aires: Universidad Di Tella, 2003. Gerchunoff, Pablo y Damián Antúnez. "De la bonanza peronista a la crisis del desarrollo." En Los Años Peronistas, Vol VIII de la Nueva Historia Argentina, ed. Juan Carlos Torre, 125-205. Buenos Aires: Sudamericana, 2002.Gerchunoff, Pablo y Lucas Llach. El ciclo de la ilusión y el desencanto. Buenos Aires: Ariel, 1998.Gerchunoff, Pablo y Llach, Lucas. Ved en Trono a la noble igualdad. Crecimiento, equidad y política económica en la Argentina, 1880-2003. Buenos Aires: Fundación Pent, 2003.Paarlberg, Robert. "The Political Economy of American Agricultural Policy: Three Approaches." The American Journal of Agricultural Economics71 (diciembre 1989): 1157-1164. [en línea] disponible en http://chla.library.cornell.edu.Rocchi, Fernando. Building a Nation, Building a Market: Industrial Growth and the Domestic Economy in Turn-of-the- Century Argentina. PhD dissertation. Santa Barbara: UC Santa Barbara, 1997.Varshney, Ashutosh. "Introduction: Urban Bias in Perspective." Journal of Development Studies 29 (julio 1993): 3-22.Villanueva, Javier. "El origen de la industrialización argentina." Desarrollo Económico 47 (oct-dic 1972): 1-24. [en línea] disponible en www.educ.ar.NOTAS(1) Ver Fernando Rocchi, Building a Nation, Building a Market: Industrial Growth and the Domestic Economy in Turn-of-the-Century Argentina. Ph.D. dissertation (Santa Barbara: UC-Santa Barbara, 1997).(2) Ver Guido Di Tella y Manuel Zymelman, Las etapas del desarrollo económico argentino (Buenos Aires: Eudeba, 1967).(3) Javier Villanueva, "El origen de la industrialización argentina," Revista de Desarrollo Económico 47 (oct-dic 1972): 4. [en línea] disponible en www.educ.ar. (De aquí en adelante: Javier Villanueva, "El origen de la industrialización argentina").(4) Javier Villanueva, "El origen de la industrialización argentina," Op. cit., [en línea] disponible enwww.educ.ar 6.(5) Pablo Gerchunoff y Horacio Aguirre, In Search of the Missing Link: the Argentine Economy in the 1920s.Mimeo (Buenos Aires: Universidad Di Tella, 2003), 1 y 20. El investigador Carlos Díaz Alejandro desacredita la posibilidad de la década del 20´ como un punto de inflexión. El historiador económico cubano demuestra que las tasas de crecimiento continuaban siendo elevadas y superiores a la tasa promedio de los países principales. Ver la clásica obra: Carlos Díaz Alejandro, Essays on the Economic History of the Argentine Republic (New Haven: Yale University Press, 1970).(6) Pablo Gerchunoff y Lucas Llach, Ved en Trono a la Noble Igualdad. Crecimiento, Equidad y Política Económica en la Argentina: 1880-2003 (Buenos Aires: Fundación Pent, 2003), 3. (De aquí en adelante: Pablo Gerchunoff y Lucas Llach, Ved en Trono a la Noble Igualdad).(7) Ashutosh Varshney, "Introduction: Urban Bias in Perspective," Journal of Development Studies 29 (julio 1993): 7. (De aquí en adelante: Ashutosh Varshney, "Introduction: Urban Bias in Perspective")(8) Ashutosh Varshney, "Introduction: Urban Bias in Perspective," Op. cit.: 7.(9) Robert Paarlberg, "The Political Economy of American Agricultural Policy: Three Approaches," The American Journal of Agricultural Economics 71 (diciembre 1989): 1158. [en línea] disponible en http://chla.library.cornell.edu.(10) Tomando en cuenta la mayor participación del sector industrial en el Producto Bruto Nacional, especificado anteriormente en el cuadro de Javier Villanueva titulado "Producto Bruto Nacional: Sectores agrícola y manufacturero".(11) Ver Pablo Gerchunoff y Damián Antúnez, "De la bonanza peronista a la crisis del desarrollo," en Los Años Peronistas, vol VIII de la Nueva Historia Argentina, ed. Juan Carlos Torre, (Buenos Aires: Sudamericana, 2002).(12) Gerardo Della Paolera, María Alejandra Irigoin y Carlos G. Bózzoli, "Passing the buck: Monetary and fiscal policies," en A New Economic History of Argentina, ed. Gerardo Della Paolera y Alan Taylor (EEUU: Cambridge University Press, 2003), 72-73. A su vez, Della Paolera y Taylor desarrollan la relación entre moneda y baja calidad institucional en Gerardo Della Paolera y Alan Taylor, Straining at the Anchor (Chicago: The University of Chicago Press, 2001). *Licenciada en Relaciones Internacionales (Universidad Torcuato Di Tella-Argentina), maestrando en Arquitectura Urbana (Universidad Di Tella-Argentina)Ha sido Profesora Adjunta en Historia Economica (Universidad Di Tella-Argentina)
In this dissertation I explore the co-emergence of multinational corporations and the consolidation of the discourse on human rights at the level of the United Nations throughout the second half of the twentieth century and analyse the resulting conceptual gap that created tensions in the international legal order. Despite attempts by developing countries to alleviate this imbalance through the New International Economic Order (NIEO), a multitude of soft law initiatives and the reluctance to address human rights issues in MNCs at the level of the United Nations failed to make MNCs incorporate human rights standards in their operations. The merging of the two concepts became increasingly more challenging throughout the 70s and 80s when the world was faced with the oil crisis and the rise of neoliberalism. This shift in the global legal architecture forced the Third World to take a new approach to tackle the conceptual gap, this resulted in the emergence of the Third generation of human rights and ultimately, the concept of Corporate Social Responsibility (CSR). CSR is a concept of international private business self-regulation that aims at merging human, socio-economic, and political rights into the world of the corporation. As a response to the concerns for human rights violations by corporate actors, CSR slowly came to the forefront of the global business scene to enable the continuation of the operation of multinational enterprises. CSR presented a platform for global soft law initiatives to minimise the conceptual gap they had created over throughout the preceding decades. This allowed people such as John Ruggie to develop the Guiding Principles, the most successful initiative to date. This dissertation will provide its readers with a fruitful understanding of the crucial role that international law played in this development and further, what implications this had on the political and economic level. - Introduction In the words of Sundhya Pahuja and Anna Saunders, the second half of the twentieth century staged a 'series of encounters between rival practices of world making, each of which travelled with rival accounts of international law'.[1] Anti-colonial disputes, the Cold War, the rise of developmental issues and the increasing popularity of neoliberalism are only some of the events that generated these competing views of the international legal order. These events brought different coalitions across the Global North and Global South, and different 'alliances of interest between 'public' and 'private' actors'.[2] At the heart of the system that emerged lie two fundamental elements: the modern multinational corporation and human rights. How to conceptualize multinational corporations (MNCs) and how to define their relation to the law and the State was part of these rival stories. In this paper I explore the co-emergence of multinational corporations and the consolidation of the discourse on human rights at the level of the United Nations throughout the second half of the twentieth century and analyze the resulting conceptual gap that created tensions in the international legal order. In particular, I examine how this encounter, which became evident as calls for a New International Economic Order (NIEO) were being advanced within the UN, came to produce the idea of 'Corporate Social Responsibility' (CSR). I show that CSR emerged from the failure of the NIEO, particularly in relation to the roles and responsibilities of private actors in the global economy and how this can be traced to the limits of initiatives addressing the tensions between human rights claims and the interests of multinational corporations. In so doing I provide an understanding of the crucial role that international law played in this development and the implications this had at the political and economic level. The first section of this essay examines the lack of direct use of human rights language in the UN literature focusing on MNCs and their role in world development from the 1960s to the 1970s. This includes an analysis of the report entitled 'Multinational Corporations in World Development'.[3] I demonstrate the emphasis and enthusiasm for multinational corporations displayed at the level of the United Nations and how the concepts of the corporation and human rights were kept separate due to their respective supporters during the Cold War. I then focus on the attempts by the Organization for Economic Co-operation and Development (OECD), the International Labor Organization (ILO) and the 'Group of 77' (G77) to bridge this conceptual gap through the imposition of policies and initiatives, though without major success. The second section analyzes the influence of the oil crisis and the rise of neoliberalism on the shift of the global legal architecture, ultimately promoting the birth of the new developmental state. Here concern is with the new legal structures' attempt to merge the concepts of multinational corporations and human rights through a third generation of human rights, [4] and I engage in theoretical approaches by legal scholars such as Samuel Moyn and Antonia Darder. In the third section investigates the concept of Corporate Social Responsibility (CSR) and analyzes its application and limitations. CSR is a concept of international private business self-regulation that aims at merging human, socio-economic, and political rights into the world of the corporation. As a response to the concerns for human rights violations by corporate actors, CSR slowly came to the forefront of the global business scene to enable the continuation of the operation of multinational enterprises. I demonstrate how CSR aspired to close a gap between human rights and corporate action in a way that would harmonize them through a multitude of soft law initiatives. This leads to the question of whether direct regulations can apply to MNCs under international law and a discussion of the UN Global Compact, at the time the world's largest and most far-reaching CSR initiative.[5] Finally, this paper closes with the most recent developments in the global legal order designed to tackle the conceptual gap between MNCs and human rights, namely through the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises[6] and the development of the Guiding Principles. Dawn of co-existence The United Nations lies at the heart of the international regime with its normative, institutional and procedural human rights activities.[7] By adopting the Universal Declaration of Human Rights in 1948, the UN created a milestone document in the history of human rights. The Declaration has had an enormous influence on the world both in terms of 'spreading the philosophy of human rights, and in terms of inspiring legal texts and decisions'.[8] New states have used the Declaration as a basis for their constitutions, while domestic and international courts have invoked the Declaration in their judgments.[9] As human rights law developed, the International Covenant on Economic, Social and Cultural Rights, followed by the International Covenant on Civil and Political Rights, were both drafted under the auspices of the United Nations, adopted in 1966 and entered into force in 1976. Together, these three instruments make up the 'International Bill of Human Rights'.[10] Throughout the 1960s and 1970s, the world became a stage for global changes that altered the legal order. The end of colonialism dawned in the Global South, and during the height of the Cold War the West faced the Soviet Bloc and its mission of 'exporting revolution'.[11] Leaders of nationalist resistance movements received military as well as financial aid from the Soviet Bloc which intensified anti-colonial mobilization for self-determination.[12] Simultaneously, globalization was increasing rapidly, with multinational corporations emerging onto the global scene with heightened awareness of their existence as an entity with legal personality. As outlined by Sornarajah, their distinct bases of power allowed them to assert their interests through the law. With economic resources often exceeding those of their host state, MNCs had the ability to sculpt and manipulate legal outcomes through arbitration processes concerning foreign investment protection. This was done by exerting lobbying pressure on a host state which might be reluctant or even unable to object to the activities of MNCs.[13] The 'Multinational Corporations in World Development', report drafted by the UN Secretariat's Department on Economic and Social Affairs in 1973, considers 'the role of multinational corporations and their impact on the process of development, especially that of developing countries [.] [and] international relations'.[14] From the outset, the Report identifies the emerging phenomenon of the MNC in international economic affairs, how its size and spread has increased, and identifies the wide array of its activities and its use of natural resources which 'rival traditional economic exchanges between nations'.[15] It is surprising therefore, that a Report from the Department on Economic and Social Affairs, does not contain the term 'human rights' throughout the entire document. In the Report's introduction the UN makes a clear distinction between the differing views of impacts MNCs have on host countries. While 'depicted in some quarters as key instruments to maximizing world welfare, [they] are seen in others as dangerous agents of imperialism'.[16] The fact the United Nations recognized the potential neo-colonial nature of multinational corporations further highlights the need for guidance on human rights violations by MNCs. Yet the Report's reluctance to engage in the area of human rights provides a first glimpse into the divergence of the concepts of multinational corporations and human rights. An explanation for this can be identified by analyzing the Conventions, on Civil and Political Rights and on Economic, Social and Cultural Rights, with the UN's reluctance to avoid tensions between the supporters of both Conventions, respectively the United States and the Soviet Union. The US pushed for the development of civil and political rights, reflecting the protection of the freedom and liberties of individuals. Stemming from a Western philosophy, John Locke identified that in a 'state of nature' humans had 'natural rights' including the right to life, liberty and property. Similarly, French legal philosophers such as Rosseau, Montesquieu and Voltaire argued that such rights emerge from the inherent nature and virtue of man.[17] As Joseph and Castan argue, 'natural rights theories were highly influential [.] particularly in the revolutionary fervor of the United States'.[18] The advancement of civil and political rights reflects the capitalist ideology of the United States, conforming to the libertarian nature of Western capitalist societies.[19] In contrast, the Soviet Union pushed for the advancement of economic, social and cultural rights. These included the right to work, the right to an adequate standard of living, and the right to physical health. Contrary to the civil and political rights, these rights were based on the idea of equality, one deeply rooted in the political ideology of socialism. As the US would not commit to a proposition that there is a right to social goods, the US has never ratified this Convention.[20] The Soviet Bloc promoted the right of self-determination by providing military and financial aid to indigenous political activists in their fight for independence; an idea enshrined in Article 1 of the Covenant which states that: 'All peoples have the right to self-determination'.[21] For the Soviets 'national self-determination was an adjunct to revolutionary communism'.[22] They envisioned self-determination as the tool for the transition from dismantling a colonial empire to establishing a socialist state.[23] However, while the United Nations was reluctant to adhere to human rights in the framework of multinational corporations, other international institutions were motivated to develop this area. The OECD attempted to impose human rights on MNCs by adopting the Guidelines for MNCs (hereinafter 'OECD Guidelines') in 1976.[24] These were 'voluntary recommendations for business practices relating to human rights, disclosure of information, anti-corruption, labour relations, taxation, the environment and consumer protection'.[25] The Guidelines were intended to strengthen the international investment climate by improving the relationship and confidence between MNCs and host countries. National Contact Points (NCPs) were created that bore the responsibilities of enforcing and promoting the Guidelines, and any natural person could make a claim related to the violation of the Guidelines.[26] This aspect of the Guidelines provided an enforcing mechanism accessible to the public. But although the Guidelines were formally adopted by member states as a corporate responsibility instrument, they were subject to widespread criticism in the international legal order. As explained by Cernic, the Guidelines are ambiguous while the NCPs are limited in their influence on host states. Even though they outlined the need to respect human rights, the obligations were not framed in mandatory terms.[27]. Since the Guidelines lacked legal basis, the OECD was unable to assert sanctions on non-compliant corporations, and critics labeled them weak and ineffective. However, it was the intention of the OECD to guide rather than to legislate, because they saw voluntary versus legally binding standards as less of a dichotomy and more a continuum.[28] Although voluntary, corporations would be under scrutiny and potentially harm their reputation if they violated the Guidelines.[29] Yet, the Guidelines were hardly successful in the international legal order. A year later, in 1977, the ILO attempted to bridge this gap by adopting the Tripartite Declaration of Principles Concerning MNCs and Social Policy. These also attempted to 'encourage the positive contribution the MNEs can make to economic and social progress'.[30]. Article 8 emphasizes the respect for the Universal Declaration and the International Covenants. However, its voluntary and non-binding nature, as well as its weak monitoring process made this instrument as frail as the OECD Guidelines.[31] The lack of responsibility and perseverance stemming from international organizations and their disappointing attempt at bridging the gap between multinational corporations and human rights forced national and regional change. On the one hand, developing nations began taking matters into their own hands. To portray unity and solidarity throughout the 'Third World' the G77 coalition, formed in 1964 by developing member countries with the primary intention of promoting its members' economic and humanitarian interests through cooperation at the level of the United Nations, took a strong initiative. In the late 1970s the Group expressed its concern at the 'imbalance of negotiating power between TNCs [transnational corporations] and their host countries and inability on the part of the latter to control the activities of the TNCs within their territories'.[32] Simultaneously, home countries wanted to ensure their investments abroad would be protected, 'specifically from expropriation without a commitment to compensation based on international law'.[33] In accordance with the principles and concerns of the freshly adopted NIEO, developing countries raised the issue of the dominance of MNCs over natural resources and strongly urged the UN for a reaffirmation of their sovereignty over their resources. The NIEO was an attempt by Third World developing states, in the wake of decolonization, to deploy international law to achieve economic justice and improvements in the areas of development and socio-economic rights.[34] Pushed by the G77, the United Nations General Assembly (UNGA) member states devised a set of NIEO proposals in 1974 including (1) that developing states are entitled to control and regulate all activities of MNCs within their territory; and (2) that international trade must be based on equitable, stable and remunerative prices for raw materials.[35] Despite its impressive aims and careful compilation, the NIEO was unsuccessful. It failed 'to displace the power and advantage held by influential states', it failed to alter international law which favoured the economic interests of capital-exporting states and, most importantly, it demonstrated the Third World's acceptance of the economic ideology of the capitalist mindset, inflating the value of foreign capital including the exploitation of local labour in developing countries.[36] Consequently, the UN set up the United Nations Commission on Transnational Corporations which drafted a code of conduct for TNCs, one of the first formalized instruments drafted by the UN that set an obligation upon MNCs to respect human rights in host countries.[37] However while developing countries insisted on the idea of adopting an international instrument that was binding on MNCs, developed countries were not prepared to go beyond the voluntary sets of guidelines already in place.[38] On the other hand, due to the ineffectiveness of the international institutions, some MNCs that sought to abide by human rights law attempted to create some provisions themselves. An example is the Sullivan principles designed by Leon Sullivan, former member of the General Motors' Board of Directors. These principles included the elimination of discrimination based on race, and the concept of equality in the workplace. The objective was that by engaging in human rights concepts like dignity and respect, MNCs could be a lever for the elimination of apartheid in South Africa. However, like the previously established soft law on obligations on multinational corporations, these principles were voluntary and unlike the OECD Guidelines which had the NCPs, there was no enforcement mechanism. The great majority of MNCs that adopted his principles did so with the sole motive of being able to continue to prosper in South Africa.[39] In summary, throughout the 1960s and 1970s, there were attempts at a variety of levels to bring together the concepts of human rights and multinational corporations. Though it was largely absent on the level of the United Nations until the late 1970s there were many first steps by international institutions to bridge this gap. The NIEO was the first set of concrete economic principles that were prescribed in international law 'articulating a form of justice based not on domination of one people over another'.[40] It was an 'effort to assert the sovereign autonomy of the non-western world',[41] exemplifying the importance of linking human rights and development, and the fundamental values of duties of international cooperation. However, there was still much to be done as the new decade of the 1980s saw a drastic restructuring of the global trade and investment system - ultimately ending in massive international debt and a dramatic increase in foreign direct investment. A Change in the Global Legal Architecture An accumulation of capital obtained by the main oil producing states in the Middle East led to the establishment of the Organization for Petroleum Exporting Countries (OPEC) Cartel in 1972. With the intention of creating a monopoly and obtaining major profits, OPEC raised the price of oil by approximately 400%, with its members keeping revenue in US or European banks, from which developing countries regularly borrowed in the form of aid and loans.[42] However, banks were now lending at higher interest rates to these countries as they were deemed less creditworthy. As a result of sovereign debt and the surplus problem in the international banking system, developing states were forced to rely on foreign direct investment (FDI), as opposed to private borrowing. The very principle that developing states wanted to control with the establishment of the NIEO was now negated by Western states selling MNCs to the developing world as necessary for their survival.[43] Simultaneously to the effects of the oil crisis, the political ideology of neoliberalism emerged on the global scene. Conservative governments gained power in western countries, communism collapsed in Eastern Europe with a move towards market economics, and Latin America implemented stabilization policies to boost their economies.[44] This process saw neoliberalism became an enemy for structural equality, political inclusion, economic access and human rights.[45] Prior to the implementation of neoliberal policies, the relationship between multinational corporations and their host state was formed through the conflict between the host country's national developmental interests as opposed to the corporation's global investment interests. The state being the more powerful actor, attempted 'to channel its private investments to serve its own developmental objectives'.[46] However, as Michael Peters argues, neoliberalism provides 'a universalist foundation for an extreme form of economic rationalism'[47], which according to Paul Haslam, was a re-forming of the modern state rather than the perceived notion of the state 'unambiguously withering away'.[48] As a result, power shifted from host countries towards multinational corporations as the era was characterized by liberalization of foreign investment rules.[49] As the United Nations World Investment Report of 2000 showed, out of the 1035 changes made in national legislation regarding Foreign Direct Investment (FDI) from 1991 to 1999, only 5.9% were directed at restricting FDI.[50] Now more than ever before, the existence and nature of human rights were jeopardized in the sphere of multinational corporations led by neoliberal politics. Yet when analyzing human rights and neoliberalism, the two concepts have a plethora of similarities that run counter to this assertion. Samuel Moyn states that human rights and neoliberalism share (1) a predecessor and (2) a target, namely the welfarist West and the post-colonial nation state seeking economic autarky respectively.[51] Both concepts emerged and were formalized in the West. As a target, developing countries need both economic (neoliberalism) and social (human rights) elements to establish economic control. Furthermore, the two concepts share key foundational building blocks. Firstly, the principle of prioritizing the individual 'whose freedoms matter more than the collectivist endeavours' and secondly, their shared antipathy toward the state due to their rejection of its moral credentials.[52] As described by Darder, neoliberalism is characterized by a rampant greed that subsumes any notions of equality and public responsibility.[53] At the heart of this lies the ultimate subversion of human rights. When faced with the powers of global capitalism, human rights struggle to maintain themselves in the Third World. A prime example countering this thesis is the idea that human rights are a handmaiden to neoliberal policies. The argument follows that human rights are so tightly related to the role of a freely functioning market that there could be no socio-economic rights without extreme capitalism.[54] Unfortunately under this notion, human rights fall victim to being seen as dependent upon the capitalist order, creating the illusion that multinational corporations enhanced and promoted human rights in the developing World. What Wolfgang Streeck termed as 'non-market notions of social justice' became impossible to secure. Any attempt to place social commitments over economic ones were expelled, leaving market pressures to form human obligations and be governed by the dictatorship of neoliberalism.[55] The World Bank and the IMF, backed by the United States and other western states, became key in the project for liberalization, privatization, and market-friendly policies, known as the Washington Consensus. MNCs were given the protection they needed to flourish, be it proprietary or intellectual property rights. The interests of human rights on the other hand were not regarded. Though excelling and growing more than ever before, human rights had done so 'on a discrete track spearheaded internationally through the UN'.[56] Directed by developing states, human rights were intentionally dealt with by the United Nations while international economic law was being dealt with by the international institutions where they hold the balance of power.[57] Simultaneously, the developing world saw the third generation of human rights emerge as a result of anti-colonialist movements in the post-Second World War era. Newly born independent nations voiced their concerns over repeating their colonial past and demanded a new set of rights. These included the right to self-determination, the right to a healthy environment and the right to participation in cultural heritage. These are reflected in Declarations and Conventions such as the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960, the Proclamation of Teheran of 1968 and the Stockholm Declaration of 1972.[58] What makes this generation of human rights exceptional however is that while they reflect neither the traditional individualistic approach of the first generation, nor the socialist tradition of the second generation, they simultaneously demand certain recognitions from the state while being able to be invoked against the state. Most importantly though, as articulated by Vasak, the third generation of human rights 'can be realized only through the concerted efforts of all the actors in the social scene: the individual, the State, public and private bodies and the international community'.[59] In other words, these rights belong to the community as a collective, rather than to an individual.[60] Drafted in 1986 by the UNGA, the Declaration on the Right to Development [61] (DRD) calls for effective international cooperation towards development objectives through the enhancement of human rights and the distribution of benefits.[62] The DRD gained inspiration from the NIEO as it relied on providing equal national opportunity through measures of fair distribution of natural resources and income. Alongside neoliberal policies, the two contradicting concepts were forced to work in tandem. Foreign investment in the developing world could proceed under the neoliberal ideology as long as it did not infringe the DRD. Interestingly, the right to development was coined by the former UN Independent Expert on the Right to Development, Arjun Sengupta, as 'growth with equity'. Growth should not only focus on the economic aspect, but also emphasize human rights and the principles of justice. This focus on equity, would require a 'a change in the structure of production and distribution in the economy to ensure growth was equitable', including the required international cooperation and not having to rely on the market.[63] Though the United Nations are promoting and enhancing the development of human rights, they are disregarding the fact that their work should be focused more on the human rights aspects entailed in the market, rather than solving human rights issues outside of the market framework. The development of human rights and the regulatory frameworks supporting multinational corporations attended very different interests. The new global legal architecture born of the oil crisis and rise of neoliberalism reorganized the relations between the Global South and Global North. At this point human rights and the regulation of corporations, with their distinctive genealogies, were forced to come together, but the failure of this exercise could not be challenged until the late 1980s when the third generation of human rights provided another opportunity for the merging of the two concepts. The outcomes of these new sets of discussions produced a more clearly defined relationship between human rights and multinational corporations which, although more sophisticated, was still unable to produce a satisfactory result. Nevertheless, the right to development began to take root in the corporate world. For the sake of their reputations, corporations were forced to appreciate the power held by vulnerable individuals that could act together as a strong collective.[64] As Claire Dickerson argues, multinationals became more aware of their relationship with human rights not only in regards to the individual, but rather to the society as a collective.[65] These were the first formalized steps to the recognition of what came to be known as Corporate Social Responsibility (CSR). The Heterodox Approach What became apparent in the sphere of business and human rights were two situations, (1) that states were either unable or unwilling to implement human rights; and (2) that multinational corporations acting in such states were unprepared to deal with the risks of harming human rights through their activities. This was seen especially in the private extracting sector, such as oil, gas and coal, using aggressive means to exploit remote areas and leaving large physical and social 'footprints'. Local communities began resisting the activities by the multinationals and the language of human rights became increasingly popular in challenging corporate norms.[66] Some of the world's largest MNCs had become culprits of violating human rights standards, including Nike, Shell or Yahoo. Nike was guilty of using child labour, while Shell misused public funds to practice corruption and theft at all levels.[67] The effects were reflected in local communities that resorted to violence and criminal behaviour, significantly affecting the living conditions of these areas. In the early 1990s, some corporations began adopting measures to comply with responsible business conduct. CSR was a voluntary form of business self-regulation that attended the current societal goals. It involved the creation of monitoring schemes that regulated the workplace standards and policies of the global supply chains. However, what caused CSR to emerge, was not only pressure exerted by nations that felt their human rights had been impinged, but also a wider global political ethos. With its emphasis on privatization and deregulation, neoliberalism promoted CSR initiatives in order for corporations to gain self-control and rely less on direct government initiatives. Due to its voluntary nature, CSR was not conceived as a regulatory instrument but as a learning forum to promote strategies that enhanced socially responsible policies. This included the enhancement of human rights, environmental protection and anti-corruption efforts. [68] CSR had now progressed to the forefront of the global business scene by morphing out of corporate philanthropy.[69] Corporations began adopting voluntary schemes that not only adhered to social policy, but at times even went beyond the standard set by local requirements, which occasionally created conflict between the two.[70] Unilateral corporations produced company codes, with companies such as Gap and Nike adopting theirs in 1992. This involved internal audit teams and ethics officers to be established, verifying that contractors were complying with their company's codes of conduct. Gradually, social audit teams emerged onto the global scene. As one of the most prominent, the Fair Labour Association (FLA) monitored the working conditions for some of the top athletic brands such as Nike, Puma and Patagonia. In the food industry, the label of Fair Trade emerged, ensuring for local farmers the social, economic and environmental standards they deserved. Corporations adopted CSR measures mainly to improve their reputation. However, perhaps a greater incentive for corporations to adopt CSR measures lies in the financial risks posed by community pushback as a result of human rights violations. These pushbacks cause delays in design, operation, construction, siting, granting of permits etc. Further, they can create problems and relations with local labour markets, higher costs for financing, insurance and reduced output.[71] In a study of a large multinational company that wished to remain anonymous, Goldman Sachs found that it had accrued $6.5 billion in such costs over a two year period.[72] A great percentage of these costs could be related back to the staff time in managing conflicts that arise in communities as a result of human rights violations. In some instances between 50% and 80% of an assets manager's time can be devoted to these issues. Thus, it is clear that in this lose-lose situation, where MNCs violate human rights and thus incur losses, it makes sound corporate sense to adopt some sort of CSR measures.[73] Despite the improvements and the clear step forward the business world took in addressing human rights, CSR involved limitations and fragmentations that challenged its success. It was built on the assumption that it is an effective mechanism for a corporation to positively reconnecting with the community it is based in. Thus, in practice, CSR operates under the presumption that society has granted authority to corporations with naturally applying legal responsibilities.[74] In 2000 John Ruggie conducted research in the Fortune Global 500 and a wider range of corporations to assess the extent and success of voluntary initiatives promoting human rights. Staff monitoring schemes had evolved, demands by socially responsible investors had grown, and large public sector funds all aided in this development. However, the research also found 'company-based initiatives fell short as a stand-alone approach'.[75] Most companies still did not have the capabilities of managing human rights risks and instead were acting on a reactive based notion. Moreover, it was within the company's discretion to decide which human rights the company would address and furthermore how to define its measures. Thus, their voluntary nature could often be used as a camouflage to delay real reform.[76] A logical response to such a broad limitation would be to impose direct obligations under international law upon MNCs. Though only states and international organizations have legal standing in international law, the general view on this contention is that it would be possible to impose obligations upon MNCs due to their major economic and political influence as explained earlier, and their capabilities of influencing the enjoyment of human rights.[77] However, as explained by Zerk, the challenge lies in 'developing jurisprudence which refines and makes precise the vague aspirational statements [.] in the CSR debate'.[78] However, as the law stands, the most promising and efficient method for applying obligations on multinational corporations remains to be the national courts. Yet the fact that claims must be raised as a tort-based litigation proving a violation of domestic tort principles rather than claiming a violation under international human rights casts doubt over this method. An interesting exception to this is the US Alien Tort Statute of 1789. The tort states that district courts 'have original jurisdiction of any civil action by an alien for a tort only, committed in violations of the law of nations or a treaty of the United States'.[79] The original intention of the statute was to establish a civil remedy for violation of international law norms such as piracy, mistreatment of ambassadors and the violation of safe conducts.[80] This piece of legislation lay dormant until the 1980s when human rights lawyers discovered its potential for foreign plaintiffs to raise a claim for certain human rights abuses against an individual of any nationality, or a corporation as long as they had a presence in the United States. The question whether the Act could be enforced against a corporation was considered in 2012 in the U.S. Supreme Court case of Kiobel.[81] The court held that there was a presumption against extraterritoriality applying to claims under the Statute. There is therefore no application of the statute abroad unless it is explicitly stated in the international law which is the subject of the claim.[82] As stated by John Ruggie in his advice to the Human Rights Council in 2007 'no single silver bullet can resolve the business and human rights challenge. A broad array of measures is required, by all relevant actors.'[83] Ultimately, as a measure to seek guidance on the matter, this led to the UN Global Compact in 2000, the largest global CSR initiative.[84] The UN Global Compact was a strategic policy initiative posed by the former UN Secretary General Kofi Annan that aimed at improving corporate conditions in areas such as human rights, environmental protection and labour rights.[85] It was a prospective and hopeful initiative that was designed as a learning forum to develop, implement and disclose sustainability principles among corporate actors.[86] At its time, the Global Compact was the most far-reaching, non-governmental set of policies aimed at catalyzing the voluntary nature in the corporate citizenship movement.[87] Legal scholars such as Meyer and Stefanova felt the Global Compact could shape the relationship between MNCs and human rights through 'rewarding responsible TNCs [MNCs], while shaming at least some of the irresponsible TNCs [MNCs] into better promoting human rights'.[88] Their only concern about the extent of the success of the Global Compact lay, in the Global Compact's voluntary nature. Comparing it to the OECD Guidelines implemented 25 years earlier, an initiative like the Global Compact will only be successful if there is commitment to the initiative at all levels of the international system. Thus, the main task is to put a human face on globalization through the values and principles shared by the people, the corporation and the state.[89] However, Aravalo and Fallon dispute this. Published in 2008, their Report uses the Compact Quarterly and UNGC Annual Review to critique the Global Compact's activities and practices throughout its eight years of existence. Published by local networks and the UN respectively, they evaluate new businesses adhering to the Global Compact, as well as Global Compact practices and responses. Aravalo and Fallon found that after evaluating the various progress reports, the Global Compact falls short of being a successful initiative. According to the UNGC Annual Review, there are a multitude of gaps existing in the Global Compact framework. Research instruments for instance, under the principles of human rights and labour protection, have been deemed as inadequate as participants have failed to voice their concern over the protection of such rights within their corporation. The Global Compact has solely used online surveys to administer data, which smaller businesses are often unwilling or unable to provide. The methodology applied by the Global Compact was ambiguous and did not show the extent of the success of CSR initiatives.[90] Alavaro and Fallon argue that it would be highly beneficial for the Global Compact to re-think its methodology process of evaluating its success by introducing a chronological component into its future research models. [91] It would allow for a clearer comparison not only for participants of the Global Compact, but also for the comparison with non-Compact companies in the area of corporate responsibility.[92] As a result of this poor research methodology, the Global Compact has difficulty assessing its direct influence on the broad and voluntary concept of CSR. There are key principles of CSR that fail to receive the attention they deserve in the scope of the Global Compact. However, this is not to say that the Global Compact has been an outright failure. The Annual Review, though lacking quantifiable data, has provided a wide array of case studies providing evidence for the practical influence of the Global Compact on participants. These include programs in education and working relationships the Global Compact has encouraged and facilitated. It can be said therefore, that the Global Compact is making a difference, even if only in these cases. Until shortly after the turn of the millennium, neither company codes nor multilateral initiatives such as Global Compact, successfully achieved the necessary, concrete obligations in regard to human rights and environmental protection demands. This was set to change with the arrival of the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises (Norms). Drafted in 2003, the United Nations Sub-Commission on the Promotion and Protection of Human Rights attempted to merge the concepts of MNCs and human rights and transform these newly developed principles into hard law. The intention was to impose human rights obligations upon companies through the domestic legal systems of their host countries. The Norms clearly express that 'states retain primary, overarching responsibility for human rights protection' and that corporations are identified as 'Duty-bearers' based on that expectation of following human rights principles.[93] The expectations expressed by the Norms are supported by enforcement mechanisms for their implementation which address the requirements that MNCs must adopt in terms of their internal practice. Furthermore, there are a multitude of rights that go beyond what is traditionally accepted as international human rights law. Examples include rights associated with consumer protection, the environment or corruption which are covered by different areas of the law.[94] However, the Norms failed to achieve promising results. Described as a 'train wreck' by John Ruggie, the Norms fell under heavy criticisms for a plethora of reasons. Firstly, the Norms fall under heavy scrutiny for attempting to impose obligations upon corporations, while simultaneously imposing parallel obligations on the state. The intention was to address the fact that MNCs operate in a legal vacuum due to their status of acting as a multinational. To alleviate this issue, it was thought that binding MNCs to hard international law would be the best option. On the one hand, minimalists argue that binding multinational corporations to international law is not an appropriate method as this would go beyond the concept of soft law initiatives such as Global Compact. This argument is developed by stating that binding corporations to international law would 'privatise human rights'. The Norms would be placing obligations on an entity that was never democratically elected, nor eligible to make reasonable decisions in regard to human rights at the level of international law.[95] On the other hand, maximalists lobby for a judicial body solely focused on the practice of multinational corporations and argue that corporations should be bound by international law.[96] Secondly, there was severe backlash against the Norms from states, corporations and businesses who argued that there was a lack of consultation from the Sub-Commission when drafting the Norms. However, this argument has since been disputed by institutions such as the Corporate Europe Conservatory or the scholars Weissbrodt and Kruger.[97] In regard to the discontent presented by states, many argued that there was a lack of involvement on their behalf in the Norms' development. As stated by Kinely, Nolan and Zerial, it is of vital importance that in issues revolving around CSR and their wide variety of stakeholders, everyone's voice must be heard when protecting human rights.[98] Thirdly, issues were raised regarding the language used by the Norms. Terms like 'sphere of influence'[99] and 'complicity' were deemed as vague and unclear.[100] It is agreed upon, even by supporters of the Norms, that such terms must be defined more definitively and where possible, draw definitions from more grounded areas of the law like criminal law, tort or contract law. This attitude towards the Norms from corporations shows the extent of their distrust and the scare factor used to attempt to dismantle the Norms.[101] However, even though the Norms failed as a concept, as Kinley, Nolan and Zerial maintain, 'the Norms have been a beneficial and fruitful initiative, reinvigorating debate on business and human rights'.[102] Previous to the imposition of the Norms, CSR had found itself in a position that was stagnant, focusing solely on codes of conduct that should be implemented by corporations using a bottom-up approach. The Norms altered the position of CSR to now provide a top-down approach and provided human rights activists with hope that human rights protection in regard to multinational corporations was now in the hands of the United Nations. However, the reactions to the Norms from the CSR community varied. CSR had been a newly emerging concept which was still unclear when fitted into the international legal order. It was still in its early years of development with highly broad-reaching initiatives in the fields of both soft and hard law. The playing field for CSR was simply too big for such an underdeveloped concept to handle. Further, it was attempted to implement CSR through domestic laws and quasi-legal initiatives raised to the level of international law. It is therefore often perceived that the implementation of the Norms were an attempt to remedy CSR by uniting these various aspects into one document at the level of the United Nations. The Norms conjoined national and international levels of CSR while maintaining that states continued to hold the primary responsibility of ensuring that businesses protect human rights. The world was a 'deeply divided arena of discourse and contestation lacking shared knowledge, clear standards and boundaries; fragmentary and often weak governance systems concerning business and human rights in states and companies alike'.[103] A range of governments still expressed their demand for further attention to be given to the relationship between human rights and the practices of multinational corporations. Thus, the United Nations appointed a team led by John Ruggie to establish the Guiding Principles. Rather than establishing a new international framework as was previously attempted with the Norms, Ruggie was 'urged [.] to focus on identifying and promoting good practices and providing companies with tools to enable them to deal voluntarily with the complex cluster of business and human rights challenges'.[104] Ruggie moved away from the traditional 'mandatory approach' which involved the compliance of national laws in correspondence to a corporation's voluntary measures and practices, to a heterodox approach. This heterodox approach was devised to create an environment of mixed reinforcing policy measures that provided cumulative change and large-scale success. The Guiding Principles lay on three foundations: (1) the state duty to protect against human rights abuses; (2) the responsibility by corporations to respect human rights and the implied obligation of acting in due diligence; and (3) the need for greater access to remedies for victims. However, there are two things that the Guiding Principles fail to accomplish. Firstly, to create binding international law and instead rely on normative contributions which further elaborate the implications of existing standards. Secondly, the Guiding Principles 'fail to ensure the right to an effective remedy and the need for States' measures to prevent abuses committed by their companies overseas'.[105] Amnesty International goes further by reiterating that aside from lacking accountability measures, the Guiding Principles should mandate a due diligence approach rather than only recommending it, as this would solve internal as well as extraterritorial accountability issues. Alongside Amnesty International, Human Rights Watch criticized the Guiding Principles for not adopting a global standard in corporate responsibility, and instead resort to a 'sliding scale' based on a corporation's size and geographic location.[106] However, when compared to other governance regimes in the past and present, the Guiding Principles seem to be a robust framework. Although various human rights organizations and NGOs identify neglect of human rights in the framework of MNCs, the Guiding Principles reiterate business as an instrument to contribute to societal welfare.[107] Thus, it acts as a basis for the empowerment of society and a benchmark to judge practices and conduct of corporations and governments.[108] Conclusion The discourse of the co-emergence of multinational corporations and human rights took the world by storm. The ongoing globalization of multinational corporations and the evolution of the concept of human rights were born attending different aims in the global legal order. Their greatest challenge however was not necessarily their harmonization and co-existence, but more importantly co-existing under the intentional gap created through the world's largest and most influential actor, the United Nations. This was clearly visible in the 1960s and 1970s. Throughout the various Reports and Declarations that were passed through the international institution, the two concepts were kept separate. While the United Nations was enthusiastic for the growth of both MNCs and human rights, it intentionally avoided discussing the harmonization of both concepts. Due to the underlying pressures imposed on the United Nations by the tensions from the Cold War, the UN was left in a legal vacuum unable to merge the two distinctive genealogies. The global international legal order was unaware of the extent of the importance of such a gap being eradicated before adopting a resolution as complex as the NIEO. Thus, from this point onwards, the NIEO was therefore already bound to be unsuccessful. Not only had international law not developed enough to impose such obligations upon MNCs, the corporations themselves were not aware of the ramifications and necessity for abiding human rights obligations as I showed in the third section of this dissertation. Enthusiasm for further initiatives such as the push by the G77 or the United Nations Commission on Transnational Corporations was only short lived. The events of the 1980s greatly disrupted the already turbulent environment of the global international legal order creating a greater gap between the concepts of multinational corporations and human rights. The 1980s became a stage which saw a great change in the global legal structure. The NIEO was an already broken concept from the outset as the conceptual gap had already created a disparity in the relationship between MNCs and human rights. This meant that although they were not aware of it at the time, the Global South could not rely on the imposition of the NIEO. Fostering the Western neoliberal policies, the conceptual gap between MNCs and human rights was now well established. For human rights to become a globally instructed concept, MNCs are a useful tool to spread, promote and enhance human rights across the globe. This of course is under the condition that the MNC does not violate human rights. From the other perspective MNCs rely on human rights in terms of their societal and financial risks. It becomes clear that when this is not realized by the proponents of both concepts, it can lead to major discrepancies and disparities as was proven in the Global South during this period. If there had not been this conceptual gap, and instead there had been a clear and devised relationship between MNCs and human rights, the effects of the oil crisis and neoliberalism would not have left the detrimental mark in developing countries that they did, potentially allowing the NIEO to prevail. However, the ongoing persistence of developing countries and their call for the third generation of human rights to gain prominence forced MNCs to catch up with their relationship to human rights. What emerged, were essentially the first initiatives and practices of CSR. CSR was heavily affected by the fact that it relied on the voluntary nature of businesses to adhere to as well as practice CSR. Even though corporations had an incentive to adopt CSR measures, weak monitoring systems allowed violations to still occur on a grand scale. The issue was that the multinational corporation as a concept was still unclear and lacked definition and that tying MNCs down with hard international law was not possible due to the diversity of MNCs. CSR allowed for too large a divergence from the issue at hand and required to approach human rights at a different angle. This was the key reason for the partial success of the Guiding Principles. Ruggie's unconventional, heterodox approach provided clarity and distinct concepts that individuals, business and states could adhere to. Although the conceptual gap has still not vanished, the UN has after an array of various attempts, managed to narrow the gap that it had created almost sixty years ago by continuously forcing society to rethink and redefine the relationship. What exactly lies in the future is uncertain and impossible to foresee. It can be said with great certainty however, that if initiatives such as Global Compact or the Guiding Principles are enhanced and given more attention, the world will be faced with a much clearer and concise relationship between multinational corporations and human rights. Focusing on monitoring mechanisms, methodological research and greater transparency and accountability among all actors involved will undoubtedly seal the conceptual gap that has caused the international legal order to experience such unsettling times. [1] Pahuja, Sundhya. Saunders, Anna. Rival Worlds and the place of the Corporation in International Law in Dann and Von Bernstorff (eds). Decolonisation and the Battle for International Law (OUP, 2018) p.1 [2] Ibid. [3] UN, Multinational Corporations in World Development ST-ECA/190 [4] Linarelli, John. Salomon, Margot. Sornarajah M. The Misery of International Law. (OUP, 2018) p.245 [5] Ruggie, John. Just Business. (W.W. Norton & Company, 2013) p.70 [6] United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises E/CN.4/Sub.2/2003/12/Rev.2 [7] Alston, Philip. Mégret, Frédéric. (eds) The United Nations and Human Rights: A Critical Appraisal (Second Edition, OUP, 2020) p.1 [8] Clapham, Andrew. Human Rights: A Very Short Introduction (OUP, 2007) p.42 [9] (n.8) p.108. [10] ibid . p.109 [11] Allina, Eric. Imperialism and the Colonial Experience in Paul A. Haslam, Jessica Schafer and Pierre Beaudet, Introduction to International Development (3rd Edition, OUP, 2017), pp. 24-42. p.39 [12] Ibid. p. 40 [13] Sornarajah M. International Law on Foreign Investment (CUP, 2010) p.5 [14] United Nations Department of Economic and Social Affairs, Multinational Corporations in World Development, 1973 ST-ECA/190 p.VI [15] ibid. p.1 [16] ibid. [17] Joseph, Sarah. Castan, Melissa. The International Covenant on Civil and Political Rights: Cases, Materials. (3rd Edition, OUP, 2013) p.4 [18] ibid. p.5 [19] ibid. [20] Alston, Philip. U.S. Ratification of the Covenant on Economic, Social And Cultural Rights: The Need for an Entirely New Strategy. The American Journal of International Law Vol.84, No.2 (CUP,1990) pp.365-393, p.4 [21] UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 1966, Article 1 [22] Simpson, Gerry. The Diffusion of Sovereignty: Self-Determination in the Post-Colonial Age (Ashgate Publishing, 2000) p.266 [23] Ibid. [24] Organisation for Economic Cooperation and Development, OECD Guidelines for Multinational Enterprises, 1976 [25] Carasco, Emily. Singh, Jang. Towards Holding Transnational Corporations Responsible for Human Rights. European Business Review Vol.22, No.4, (Emerald Publishing Group, 2010). p.4 [26] Cernic, Jernei. Corporate Responsibility for Human Rights: A Critical Analysis of the OECD Guidelines for Multinational Enterprises Hanse Law Review, Vol.4, No.1, (2008). p.16 [27] Ibid. p. 12 [28] Sanchez, Juan Carlos Ochoa. "The Roles and Powers of the OECD National Contact Points Regarding Complaints on an Alleged Breach of the OECD Guidelines for Multinational Enterprises by a Transnational Corporation." Nordic Journal of International Law (2015) Vol.84, No.1, pp: 89-126 p. 18 [29] Bolt, Cassidy. "Leveraging Reputation in Implicit Regulation of MNEs: An Analysis of the OECD Guidelines for Multinational Enterprises' Capacity to Influence Corporate Behavior." Corporations and International Law, 20 Jan. 2018, Available at: sites.duke.edu/corporations/2018/01/20/leveraging-reputation-in-implicit-regulation-of-mnes-an-analysis-of-the-oec
Abstrak Karya sastra merupakan miniatur dari dunia nyata, dimana sebuah karya sastra biasanya mengungkap beberapa masalah yang berkaitan dengan makhluk hidup termasuk isu-isu tentang hubungan manusia dengan alam. Manusia lebih cenderung melakukan kerusakan pada lingkungan daripada menjaganya, hal ini menyebabkan kehancuran bumi beserta isinya. Hal ini tergambar pada novel The Road karya McCarthy dimana lingkungan yang menjadi setting utamanya hancur berantakan. Lansekapnya tertutup oleh abu yang berterbangan. Dan ketika salju turun, ia berwarna abu-abu. Langitnya juga terlihat gelap. Oleh sebab itu, ada beberapa masalah yang berhubungan dengan kehancuran bumi yang tergambar pada novel yang kemudian memunculkan dua dasar pertanyaan (1) bagaimana kehancuran bumi digambarkan dalam novel The Road karya McCarthy? Dan (2) bagaimana kehancuran bumi memberikan dampak terhadap karakter utama dalam novel The Road karya McCarthy?. Untuk melihat masalah ini perlu teori yang pas yang biasa disebut ecocriticism. Ecocriticism melihat kehancuran bumi sebagai hasil dari tingkah laku manusia terhadap lingkungan misalnya: eksploitasi dan colonialisasi. Seperti yang dikatakan Lawrence Buell bahwa kondisi lingkungan itu ditentukan oleh manusia. Ecocriticism adalah suatu istilah yang berada dibawah payung postcolonialism dimana seorang postcolonialist meyakini bahwa kolonialisasi mempunyai campur tangan dalam penghancuran bumi. Para penjajah merasa percaya diri untuk mengeksploitasi bumi karena dianugrahi kekuatan oleh modernism. Untuk mendapatkan analisis yang jelas, skripsi ini menggunakan metode descriptive quality dimana kualitas data menjadi poin utama daripada jumlah data. Jadi, terlihat jelas bahwa kehancuran bumi terjadi diseluruh lapisan lingkungan; yaitu atmosfer, permukaan tanah, dan laut. Seluruh atmosfer dipenuhi oleh abu, debu dan karbon, tanahnya terkikis, tandus dan gundul, dan lautnya berubah menjadi abu-abu. Kehancuran bumi ini juga memberikan kesuraman tersendiri kepada tokoh si bapak dan si anak. Mereka harus melalui hidup yang keras, susah untuk bernafas, susah untuk menemukan sesuatu yang bisa dimakan dan secara mental mereka selalu takut akan ancaman-ancaman dari kehancuran bumi. Kata Kunci: kehancuran bumi, ecocriticism, postcolonialism, modernism. Abstract Literary work is a miniature of larger world or reality, whereas a literary work reveals some problems related to humans being including issues of human relationships with the environment. Humans tend to do damage to the environment rather than maintaining it, thus it causes devastation of earth. It is reflected in McCarthy's the road where the environment is devastated. The landscape save the ash on the wind, and when the snow falls, it is gray. The sky is also dark. Therefore, there are some problems of knowledge about how the devastation of earth portrays in the novel, which are delivered to two main questions of (1) How is devastation of earth depicted in Cormac McCarthy's The Road? and (2) How does devastation of earth give impacts to the main characters in Cormac McCarthy's The Road?. In case to observe these problems, it needs a suitable theory which called ecocriticism. Ecocriticism sees the devastation of earth as the result of humans' behaviour such as exploitation and colonialism of the environment, as Lawrence Buell says that the condition of the environment is determined by humans. Ecocriticism is under umbrella term of postcolonialism in which postcolonilist believes that colonization has intervention in devastating the earth. Colonizer is encouraged to exploit the nature because of power that is given by modernism. To get a clear analysis, this thesis uses descriptive quality method; it means the quality of the data becomes the reference to work rather than the quantity of the data. Thus, it is seen clearly that devastation of earth happened in the whole layers of environment; atmosphere, land and sea. The atmosphere is occupied by ash, dust and carbon, the land has eroded and barren and the sea have changed into gray. This devastation also gives a misery to the father and the son as the main characters. They have to undergo hard life; hard to breathe, hard to find food and mentally they are haunted by the devastated earth's threatens. Keywords: devastation of earth, ecocriticism, postcolonialism, modernism. INTRODUCTION Humans often feel indifferent toward nature. For them, nature is something considerably as a 'mystic' thing, when it goes right, humans forget it, when it goes wrong, they worry it. People tend to prefer natural environments more than built environments, and built environments with water, trees, and other vegetation more than built environments without such features (Kaplan & Kaplan, 1989). On the other word, humans tend to permit the nature walks down by itself. They seem to just let it flow without thinking how to keep and maintenance the nature. The study of humans' relation with nature which is known as ecology was begun since years ago when humans lived in harmony with the nature. However, in line with development the nature also changes. Unfortunately, this natural changes brings devastation on earth, as Donald Hughes says that looking back to our historical ecology, Humans have related in multiple ways to the Earth's systems; some of these ways promise a sustainable balance with them, while others are destructive (Hughes, 2001: 269). Historically, through devastation of earth Humans have made major changes in their environments. This is happened almost in the whole surface, as Hughes says that devastation of earth has happened in every historical period and in every part of the inhabited Earth (2001: 1). In order to observe those processes of change that affect the relationship, ecologist studies the mutual effects that other species, natural forces, and cycles have on humans, and the actions of humans that affect the web of connections with non-human organisms and entities (id. at 4.). This ecologist's study shows that devastation of earth is the result of humans' behaviour toward environment. This bad behaviour has changed the environment that will bring devastation to the humans themselves. Humans seemingly don't care of the environment. Severity, humans tend to be more destructive. It forces some Ecocritics who concern in literary study and environment in late nineteenth criticized humans' behaviour toward nature. This criticises show how important avoiding that kind of behaviour toward nature which brings devastation of earth merely, it signed that the study of literature which related to the environment has to be discussed. There were in fact some isolated calls for an ecologically oriented criticism during the 1970s (Rigby, vol 2: 2). However, it was not until the end of the twentieth century that the study of literature and the environment was finally recognized as 'a subject on the rise'. In studying of literature, humans ordinarily focus on the relation between humans and others (society) or between humans and themselves (psychology), whereas, the relation between humans and environment actually is tightly connected. Unfortunately, the study of literature which related to the earth was often forgotten, whereas, the study of literature which related to the environment is greatly important. The study of environment is not merely observing of the nature or nonhumans aspect but it tends to study the relation among nature, earth and the humans themselves. Human actually is a part of environmental system, and therefore the environment has the crucial role in humans life in which it is become the main point of literary study. In some respects, it is perhaps not surprising that the study of literary texts should be coupled with such forgetfulness of the earth. Thus it is needed a study of humans' relation and environment. The study of literature and environment got a full attention when modern era begun to destruct the environment. Since last decade ago, especially years ago, humans consciously realized the impacts of their behaviour toward nature, moreover when they become crazier of invention, exploration and exploitation of the nature. Surely, this impact is indirectly causing ecological changes. However, actually what people do about their ecology depend on what they think about themselves in relation to things around them. Human ecology is deeply conditioned by beliefs about our nature and destiny (White 1996, 6). It can be imagined when humans were only thinking about themselves and forgetting the nature or they were just considering their needs without considering the nature needs, it can be ascertained that the nature will vanish and be extinct. This idea or thought about indifference toward nature is criticized by the Ecocritics. Ecocriticism maintains that literature may be approached in a way that examines humans as part of an ecosystem; they are neither master nor slave to it, but simply one part of an intricate system. Literature and environment truly can't be separated each other. Moreover, Lawrence Buell argues in his book The Truth of Ecology as quoted by Dana Philip that literature would be environmental. It would evoke the natural world through verbal surrogates, and would thereby attempt to bond the reader to the world as well as to discourse (Philip, 2003: 7). It can be assumed that through the literary work, the reader will be brought to the environmental world and devastation of earth. Indirectly, literature causes the reader's interpretation of the environment. Thus, it is important to understand the relation between humans and environment through literary work. It needs to notice that ecology is not a slush fund of fact, value, and metaphor, but a less than fully coherent field with a very checkered past and a fairly uncertain future (Philip, 2003: 45). By understanding the relation between humans and environment, it is beneficial to determine the act effectively on the impact of natural destruction and to integrate knowledge and actions. The study of literature and environment works in tandem in determining humans' perception and interpretation toward nature. As Lawrence Buell says that literature and environment studies must make their case for the indispensableness of physical environment as a shaping force in human art and experience, and how such an aesthetic works (2001: 9). It can be assumed that environmental interpretation is a humanistic inquiry. In other word, what people think about nature, and how they have expressed those ideas is what people interpret of the nature. Generally what people expressed the idea of the nature is a Realistic depiction of the world. Thus, it needs a tool to see this depiction. Surely Ecocriticism is a proper tool to see the depiction of the world. Ecocriticism is the most suitable binoculars to telescoped ecological issue and ecological changes in such literary work, as Sheryl Glotfelty (1996: xviii) says that Ecocriticism is the study of the relationship between literature and the physical environment, Ecocriticism takes an earth-centered approach to literary studies. Only Ecocriticicism observes the relation between humans and nonhumans aspects. What Ecocritics do, in short, is attempting to discover nature as absence, silence in texts, and construe environmental representation as a relevant category of literary (Buell, 2005: 30). Ecocriticism encourages the changing of canonisation through entering literary works which carry up natural issue. Ecocriticism ecologically oriented critique of the way in which Nature is constructed in certain canonical texts. Environmental literature constitutes the third way in which Ecocriticism recasts the canon. According to Lawrence Buell (1995, 7-8), an environmentally oriented work should display some characteristics; first, the nonhuman environment is present not merely as a framing device but as a presence that begins to suggest that human history is implicated in natural history. Second, the human interest is not understood to be the only legitimate interest. Third, Human accountability to the environment is part of the text's ethical framework. The last, some sense of the environment as a process rather than as a constant or a given is at least implicit in the text. In such literary work; Cormac McCarthy's The Road the nature as the setting represents ecological changes. Surely, this change causes devastation of earth. Nothing is more miserable on earth but devastation. The world which is the closest place we live at is not convenient again when it was devastated. Thus, literary and environment has interrelation that cannot be separated. Then, it is important to analyze such literary work through Ecocriticism. Ecological issue commonly represented by the presence of natural thing such as; tree, land and also circumstance in the novel which it become the setting. In other word, ecological issue become a centre point of setting. One of great writers in narrating the setting is Cormac McCarthy. Not only known as a king of the setting, McCarthy also has known as famous environmental setting as Addy Haddock (a writer of McCarthy's bibliography) says that his ability to provide eloquent descriptions with smoothly rolling darker undertones and poetically dismal nuances makes him become a writer with powerful setting. Thus, McCarthy is a right author referenced as a study of Ecocriticism. Indirectly, McCarthy's proficient is caused by his settled at a barn near Louisville, Tennessee. All the stones he gathered, all the wood he cut and kiln dried by himself to renovate his small house. Seemingly, McCarthy's life is not far away from the nature. Years later, after marrying fellow student Lee Holleman in 1961, he and she moved to a shack with no heat and running water in the foothills of the Smoky Mountains outside of Knoxville. These experiences of life sharpen his idea toward nature. McCarthy reveals that he is not a fan of authors who do not deal with issues of life and death; it can be assumed that his writing tends to be explored issues of life including devastation of earth. Recalling blithely the months he spent without electricity in a house in Tennessee. Without money, and he had run out of toothpaste and he was wondering what to do when he went to the mailbox and there was a free sample. It made him become more sensitive facing the nature and more respect it. In 2006, McCarthy writes The Road that grants him a change to be interviewed by Oprah Winfrey. Surely, this interview related to his writing especially devastation of earth and won Pulitzer Prize for fiction. McCarthy told Winfrey that related several stories illustrating the degree of outright poverty he endured at times during his career as a writer. He also states that his novel; The Road inspired when he was standing at the window of a hotel in the middle of the night, his son asleep nearby, he started to imagine what El Paso might look like 50 or 100 years in the future. He just had this image of these fires up on the hill. It shows the condition of the nature at the time which the hill was fired up. McCarthy can be categorized as a weird person. People usually gathered with other people who have same hobby or pleasure. However, it doesn't apply for McCarthy. As a writer, he doesn't like to gather with other writer. He would rather hang out with physicists or scientist than other writer. He does not know any writers and much prefers the company of scientists. No doubt if his knowledge of nature is rich. His knowledge of the natural world is vast and includes many of the Latin names of birds and animals. His pleasure gathering with physicists and scientist caused by his interest in science and environment, by absorbing the intelligence scientists, he realizes that in 100 years the human race won't even be recognizable. For him, what physicists did in the 20th century was one of the extraordinary flowerings ever in the human enterprise, which would much prefer to befriend a scientist than another writer. Most of McCarthy's novels are portraying about life or reality which many of them associated to ecological issue. In 1985, Blood Meridian was published. Blood Meridian portrays the desolate and indifferent 1850s Texas-Mexico borderlands. The extreme violence which takes place comments implicitly on both the environment and human nature. The novel's full title- Blood Meridian, or The Evening Redness In The West- is indicative of the novel's portrayal of the environment. A relationship between location, nature and violence is created in the symbolism of the sun as a "blood meridian". To call McCarthy's environments as constructed in Blood Meridian simply violent is an unsatisfactory conclusion. What is more appropriate and evident in the text is that man is inherently violent and the indifference of nature to this creates an amoral setting. In 1979, McCarthy published his fourth novel, Suttree. In short, Suttree tells the reader about a man named Cornelius Suttree, a fisherman, disillusioned scholar, alcoholic, nihilist, existentialist and transcendentalist. The attention to detail identified earlier in Suttree is telling in terms of his relationship with his environment. Generally, to an Ecocritical reading Suttree shows that, stripped of societal anthropocentrism, man is forced to reassess his relationship with nature. It could be said that McCarthy's prose style is often atavistic (anti-civilization, anti-materialism, anti-industrialism, anti-progress and pro-Nature) in that it both reflects natural processes and often appears primitive, stripped of culture. In 1973, Child of God was published. It was inspired by actual events in Sevier County. Child of God begins with Lester Ballard's dispossession from his parent's house. McCarthy's description of Ballard's lone nomadic wandering after he inadvertently burns down his squat uses the same free indirect discourse. Child of God can also be described as an existential text, particularly for the authenticity of its protagonist. Lester Ballard's atavistic tendencies bring him closer to an animalistic level. From those all of McCarthy's novels, The Road which was published in 2006 by Vintage book publisher is the most representative novel which is related to the study of Ecocriticism. The novel is generally thick of environments' issue. The issue for instance is the fire of woods that happened along the country which give the reader an image of burned land, ash and dust everywhere and so on. Because of this reason, the writer felt that The Road is interested to be analyzed through ecological critics. In short, the novel portrays a journey of father and son as the main character in a burned land in America. The issue of devastation of earth becomes the centre point of interest which grasps the whole setting of the novel. The Road brings the readers onto 'the future' in as much as it is set in a time after an ambiguous 'end' has occurred and society has collapsed. The reverse of the most recent reissue claims that it is the first great masterpiece of the globally warmed generation. It is also the first of McCarthy's novels to have provoked Ecocritical study. This wide appeal to the novel relies strongly on its environmental themes. The use of allusion to genre and form elsewhere in McCarthy's novels can be said to universalise his appeal but in The Road the key concern is the 21st century's most immediate global problem; the irrevocable damage global industrial capitalism is doing to our environment. It is difficult to read The Road without feeling the overwhelming cumulative force of the novel's desolation, and this desolation is most prominently present in the landscapes McCarthy portrays. The setting is almost entirely bereft of life; the little that is found is often malign humanity. The Road greatly represents a study of Ecocriticism. It portrays the colourless world because of devastation of earth. This devastation issue is common object of the Ecocriticism study. The Road continually reminds us of the bleakness of the landscape in the earth. As readers, we only experience bright colours through the characters' dreams or memories, if someone happens to bruise or bleed, or through fire or flare guns. The rest of the time we see a gray ash covering the landscape. As a reality, our landscape is actually green and natural. However, The Road shows the possibility of devastation of earth when humans did devastation to the nature and they can't live in harmony with the nature. Therefore, there is no doubt that The Road becomes the most influencing novel toward environment. It proves from the acclaim written in the novel by George Monbiot, an environmental campaigner that says "It could be the most important environmental book ever. It is a thought experiment that imagines a world without a biosphere, and shows that everything we value depends on the ecosystem." According to the brief story in background of the study that gives perception about the devastation of earth in the novel, it appears two questions as the problems: 1. How is devastation of earth depicted in Cormac McCarthy's The Road? 2. How does devastation of earth give impacts to the main characters in Cormac McCarthy's The Road? METHOD The used method is descriptive quality; it means the quality of the data becomes the reference to work rather than the quantity of the data. Besides, a technique is needed to understand the data. Technique of interpretation must be used to interpret and analyze the data. Through interpretation the analysis can be worked. Interpretation is a crucial step that has to do before analyzing the data. Then, extrinsic approach is used as an approach toward the analysis in which environment belongs to it. According to method above, the first thing that has to do is collecting data. In collecting data this research focuses on reading and documentation. Reading novel. In this step, novel becomes the object of the research. The novel is entitled The Road, written by Cormac McCarthy. To collect the correctly data, it needs reading more than once, because to get interpretation, it needs understanding all contents completely with all possibilities both intrinsically and extrinsically. Inventorying data. This step is collecting data through noting the quotations related to the statement of the problems and objectives of the study, it is including in words, sentences, and discourse that can represent devastation of earth in Cormac McCarthy's The Road. Thus, all data that will be analyzed are started and sourced through the novel's contents. Classification data. It is appropriate to the statements of the problems about devastation of earth in Cormac McCarthy's The Road. Tabling the data. It is to simplify reading the data and classify data that is used in the analysis for the readers. Continuously, the selected data or the collected data, which are related to the statements of the problems and the objectives, are analyzed through Ecocriticism in depicting the devastation of earth and its impacts to the main characters in Cormac McCarthy's The Road. MODERNISM The word "modern" closely means to up-to-date, abreast of the times, and going beyond the past in more than a temporally or chronologically literal sense (Greenberg, 1979; 2). Marshall Breman as quoted Jan Rada defines modernism as a trend of thought that affirms the power of human being to create, improve, and reshape their environment, with the aid of scientific knowledge technology and practical experimentation (2008; 6). Breman then argues that modernism is as any attempt by modern men and women to become subjects as well as objects of modernization, to be modern is to find ourselves in an environment that promises us adventure, power, joy, growth, transformation of ourselves and the world-and, at the same time, that threatens to destroy everything we have, everything we know, everything we are (Berman, 1982; 5; 14). The development of modernism emerged two poles that confront each other; science and technology and natural degradation. As Helena J. Keler explanation that the image of 'creative destruction' is very important to understanding modernity precisely because it derived from the particular dilemmas that faced the implementation of the modernist project. This destruction of a holistic universe in the modern era shatters the conception of human beings and societies as total entities, instead inaugurating an era characterized by a never-ending process of internal ruptures and fragmentations within itself (Keler, 2005: 4). According to Horkheimer and Adorno as quoted by Helena, modern capitalist society is engaged in a pattern of domination: the domination of nature by human beings, domination of nature within human beings, and this system of domination is driven by fear of the human and nonhuman unknown the Other (Keler, 2005: 3). Movement of modernism manifests itself in the self-destructive nature of symbolism: when pushed to its logical extreme, the symbolist aesthetic starts to forgo any notion of an organic, necessary relationship between signifier and signified, and simply imposes a particular motif as an arbitrary symbol of something else (Hutchinson, 2011; 58). Modernism often demonstrates the destructive rather than constructive nature. Modernists argue that the ecologically destructive projects are not viable because of climate change but modernism movement (Johnston, 2012: 207). Specifically, Barbara Rose Johnston states that Human conduct that contributes to the destruction of our ecological balance. Such interpretations of environmental change, however, can have undesirable effect of deflecting responsibility, since blame is placed on a cycle of time about which a person can do nothing (Johnston, 2012: 212). Global environmental change, which spans natural sciences, policy and development studies, is currently experiencing its first waves. Perhaps it is time to recognize that already some people are getting their feet wet. On what criteria should one decide to retreat to higher ground or stick it out unmoved until the tide turns. Modernism challenges the modern project of understanding global environmental change and doing something about it when it causes problems (Blaikie, 1996: 81). According to Piers M. Blaikie, modernism First, it challenges all embracing world views or 'meta narratives' which tend to be highly teleological and assume the validity of their underlying assumptions and their claims. Thus, the role of environmental scientists in policy making as 'talking truth to power' and as the only rational and legitimate brokers between the 'real' environment and the rest of us, is rejected. Second, it challenges the tendency that is more pronounced in areas of global environmental change where the local hands on experience of the environment (land degradation, desertification and biodiversity). Third, it challenged that reality is socially constructed. An epistemology which builds models of society and environment with causal connections is challenged by one which is constituted as a series of descriptive accounts according to different actors' perceptions (Blaikie, 1996: 81). Modernism encourages people and countries to over-exploit natural resources, and contribute to reductions in spending on social and environmental welfare (Huckle, 1999: 36). Moreover, environmental reductions being blamed on the impact of foreign cultural domination this has allegedly eroded and damaged the 'essential harmony' between humans and nature (Mawdsley, 2001: 96). Evernden contends that the second instrumental vision of control and domination over nature is the historical product of modernity, more specifically of Renaissance, when a new mode of knowledge, based on reason and experimentation replaced the medieval search for knowledge as contemplation and wisdom (1992). This argument is supported that Modernity is thus responsible for creating Nature by abstracting from nature, and with it a whole history of conquest and domination comes to be enacted. In the words of C. S. Lewis: "We reduce things to mere Nature in order that we may "conquer" them. We are always conquering Nature because "Nature" is the name for what we have, to some extent, conquered" (Lewis, 1978: 42). Latest, Environmental problems and other risks encompass less than the globally catastrophic. More and more disaster experts, development agencies, and citizens' groups are supporting that the globalisation is largely responsible for such human misery (Huckle, 1999: 36). Modernism signed by the development science and technology (Somerville, 2006: 17-18). Further, given the increasing production by technologically advanced capitalism of risks that threaten us all ironically that technology induced catastrophes and environmental disasters (Simon Cottle, 1998: 8). Since the Enlightenment, technology, especially science-based technology, has offered the promise of a better world through the elimination of disease and material improvements to standards of living. On the other hand, resource extraction, emissions of dangerous materials, and pollution of air, water, and soil have created conditions for unprecedented environmental catastrophe and have already caused irreversible damage to the biosphere (Vergragt, 2006: 7). Ironically, the persisting contradictions between a better life created and supported by technology for the wealthy few, also caused the increasing environmental degradation and persistent poverty for the vast majority calls for a deeper exploration and understanding of the nature. Philip J. Vergragt then, states that technology will support and enhance a "good life" for all of its citizens, in both rich and presently poor countries, without compromising the Earth's ecosystem or the prospects of later generations (Vergragt, 2006: 8). Thus, science and technology which shaped to the sophistication give man a power to colonize the earth. POSTCOLONIALISM Environmentalism in post-colonial discourse has its beginnings in Alfred Crosby's account of the impact of European incursions into the Americas and the Pacific (Ashcroft, 2000: 71). This incursion of course destructs not only the country; physical building and ideology but also the environment and nature. The conquest and colonization of so many extra-European environments produced irreversible changes in land use, in flora and fauna and frequently damaged beyond repair traditionally balanced relations between indigenous communities and their environments, a relationship unlike that of their conquerors crucial to their understanding of their 'being' as of the land rather than merely on it (Ashcroft, 2000: 71-72). He adds that imperial incursions and colonization have been regarded as environmentally destructive, yet as Richard Grove argues, the perception of what had already been lost in Europe, the sense of intrinsic connection between the 'more-than-human' and the human, and thus the urgency of environmental preservation became strikingly evident in Europe's colonies, particularly in the late nineteenth century. Much environmentalism in theory and practice has emanated from former imperial centres such as Europe and the United States. While belated recognition of the crucial importance of other forms of life on earth is both welcome and necessary, its export and sometimes imposition on postcolonized cultures invites the obvious charge of hypocrisy and generates resentment against former imperial states which having degraded their own and their colonies' environments in the 'interests' of progress and 'development' now encourage (or impose) the theory and practices of environmental preservation on other peoples (Ashcroft, 2000: 72). This also frequently creates division within post-colonized cultures themselves, where, for instance, peoples are moved off their traditional lands to make way for game parks, essentially for the benefit of wealthy tourists. Demands for the 'global' preservation of endangered species frequently clash with the policies of post-colonized governments eager to use their regained environmental sovereignty in the interests of a modern capitalism from which it is difficult for them to escape. Devastation of earth has highlighted how human–environmental vulnerabilities are amplified not only by anthropogenic climate change but also by the capitalist exploitation of natural resources (Carrigan, 2005: 1). Harmful environmental conduct exposes several broader dimensions such as the nation's ability to use its resources as determined by domestic political processes, such as; it changes the natural forest microclimates that have been transformed into new microclimates increasing sunlight and lowering humidity (Nazzal, 2005: 6). The ecological crisis is not merely an isolated event but has its roots in the modern materialistic civilization that makes man becomes the butcher of earth (Huggan and Tiffin, 2010: 1). They argue that one way out of this morass is to insist that the proper subject of postcolonialism is colonialism, and to look accordingly for colonial/imperial underpinnings of environmental practices in both colonising and colonised societies of the present and the past (Huggan and Tiffin, 2010: 3) Colonialism greatly changed the environmental condition of colonized country. Alfred W. Crosby (Crosby 1986) as quoted by Aschroft describes the ways in which the environments of colonized societies have been physically transformed by the experience of colonial occupation, imperialism/colonialism not only altered the cultural, political and social structures of colonized societies, but also devastated colonial ecologies and traditional subsistence patterns (Ashcroft, 2000: 69). Indirectly, colonization influences ecological changes in the past which cause ecological destruction in the present day. More importantly, based on Crosby statement in Aschroft explain that introduced crops and livestock not between colonizer and colonized country only supported conquering armies and colonizing populations, radically colonizer altered the entire ecology of the invaded lands in ways that necessarily disadvantaged indigenous peoples and annihilated or endangered native flora and fauna (2000: 69). Arguably this has led to one of the most profound ecological changes the world has seen. Colonization or colonialism can be defined as the conquest and control of other people's land and goods (Loomba, 2005: 8). Colonialism means a conquest which is done by the west or European and American country toward Asia and Africa by exploitation the land, surely it causes natural destruction. Elleke Boehmer has defined colonialism as the settlement of territory, the exploitation or development of resources, and attempts to govern the indigenous inhabitants of occupied lands (Boehmer as qtd. in McLeod 2000: 8). The term colonialism is important in defining the specific form of natural exploitation that developed with the expansion of Europe over the last 400 years (Ashcroft, 2000: 40). With the end of the cold war, global infatuation with neoliberal economics has intensified the peripheralization of the South along economic, political, social, cultural and natural lines (Geeta Chowdhry and Sheila Nair, 2002: 1). Postcolonial critique bears witness to those countries and communities - in the North and the South (Bhabha, 1994: 6). The assumption of postcolonial studies is that many of the wrongs, if not crimes, against nature are a product of the economic dominance of the north over the south (Young, 2001: 6). Thus, the Norh represents the West and the South represents the East. Postcolonialism sees the natural destruction on the South as the impacts of colonization The northern environmentalism considered as the rich (always potentially vainglorious and hypocritical) and the southern environmentalism considered as the poor (often genuinely heroic and authentic) (huggan and Tiffin, 2010: 2). However, northern needs of the natural need were supplied from the south in the name of colonization. Colonialism granted imperial powers the rights to arrogate and exploit the territory of a subject people as well as to appropriate unlimited property rights, post-colonial states acted quickly to regain control over their natural resources both through expropriation of foreign property interests and through the legal arena (Nazzal, 2005: 10). Colonialism, through both practice and discourse, has separated man from his natural surroundings and has given him a false idea about the meaning of nature: on the contrary, nature is not there to be plundered, but to be cared for, tended and made to yield its produce. Then, Man is ennobled by the relationship with the environment, by his power to make things grow and watch over their growth, but the reverse also holds true: devastation returns man to his primitive condition. It is not surprising when the the nature did reverse destruction to the humans. It is the result of what they do exploit to the nature. On the other world, man as the colonizer has colonized the earth which caused the devastation of earth. (Chrisman and Williams, 1994: 1–20). Thus, postcolonialism can be considered as umbrella term of ecocriticism in which it criticizes the relation between human and nature including criticizing humans' behaviour precisely humans' exploitation toward nature. ECOCRITICISM Humans truly can't be separated with environment. human beings are engaged in the eternal search for connection, for that which connects us to others and for that which connects us to ourselves, culture, language, history, belief systems, social practice, and other influences on human development are as much a part of place as the physical landscape one crosses (Dreese, 2002; 2-3). She emphasizes that environmental factors play a crucial role in the physical, emotional, and even spiritual configurations that determine our ideas of who we are. All human beings develop their own sense of place through life that determines why they love certain regions or feel utterly alien in others. The study of relations between humans and environment called ecology. Lawrence Buell defines ecology as the study of the interactions between organisms and the environment (Buell, 2005; 139). Meanwhile, Glen A Love defines ecology as not as merely a study of the relationship between organisms and their living and nonliving environment but also a combination of science and a sense of responsibility for life (2003; 37-38). Ecology as Lawrence Buell say above is drawn in the life circle; the life processes of many organisms put into their surroundings environment whose presence of other organism affects the life processes of these and other organisms sharing the same environment. When these processes are cut by such destruction, e.g. chemical by-products of the life processes of one species (or occupational group) are harmful to another species; the relationship between the two species is "antagonistic." Increased population density increases the probability of antagonistic interactions (Catton, 1994: 80). It is essential to be aware of the environmental damage which caused by ecological changes. The development of humans' ecology slowly damages the environment. The ecology of human development involves the scientific study of the progressive, mutual accommodation between an active, growing human being and the changing properties of the immediate settings (Bronfenbrenner, 1979: 21). Imbalance fine relations between humans and environment emerged a critic called ecocritic or ecocriticism (Buell, 2005; 2). John Elder as quoted by Dana Philip says that The science of ecology confirms the indivisibility of natural process: each feature of a landscape must be understood with reference to the whole, just as the habits of each creature reflect, and depend upon, the community of life around it (1999; 581). Ecology when it counts as science tends to be a lot more reductive, thus many of the core concepts of ecology once notable for their expansiveness have in recent years been cut down to size, made more particular, or abandoned altogether. It now appears that even the ecosystem concept may not be valid biologically, but valid concept or not, an ecosystem is primarily a theoretical entity, and therefore could never be the reality that somehow underwrites poetry, even if that poetry is of the good old-fashioned, supposedly "organic" sort (Philip, 1999; 582). By that kind of reason, Elder argues that culture too may be understood organically: it is the field of relationship between organisms and, as such, a complex organism in its own right (Philip, 1999; 582). Ecology is not merely bound to science and technology, but also moral and politic. Greg Garrard assumes that ecology itself is shifting and contested, the emphasis on the moral and political orientation of the ecocritic and the broad specification of the field of study are essential (2004; 4). Problems of ecology are features of our society, arising out of our dealings with nature, from which we should like to free ourselves, and which we do not regard as inevitable consequences of what is good in that society (Garrard, 2004; 5). Lynn white, Jr argues in his article on Cheryll Glotfelty's The Ecocriticism reader: landmark in literary ecology that environmental crisis is fundamentally a matter of the beliefs and values that direct science and technology and dominating attitude toward nature (1996; 4). Discoveries in ecology and cellular biology revolutionize our sense of self, teaching us that there is no such thing as an individual, only an individual-in-context (Neil Evernden, 1996; 93). Discoveries of course get much of invention. Unconsciously, humans' behaviour (ex: exploitation) toward environment was changed. Industrial Revolution affected humanity's conception of its relationship to nature, warning that technology has created the false illusion that we control nature, allowing us to forget that our "unconquerable minds" are vitally dependent upon natural support systems (Harold Fromm, 1996; 31) Ecocritic or Ecocriticism is an umbrella term, used to refer to the environmentally oriented study of literature and (less often) the arts more generally, and to the theories that underlie such critical practice (Buell, 2005; 138). Cheryll Glotfelty simply writes the definition, ecocriticism is the study of the relationship between literature and the physical environment, ecocriticism takes an earth-centered approach to literary studies (1996: xviii). Ecocriticism might succinctly be defined as study of the relation between literature and environment conducted in a spirit of commitment to environmental praxis (Lawrence Buell as quoted by Dana Philip, 1999; 583). Ecocriticism is, then, an avowedly political mode of analysis, ecocritics generally tie their cultural analyses explicitly to a 'green' moral and political agenda. In this respect, ecocriticism is closely related to environmentally oriented developments in philosophy and political theory (Greg Garrard, 2004; 3) Ecocentrism is more compelling as a call to fellow humans to recognize the intractable, like-it-or-not interdependence that subsists between the human and the nonhuman and to tread more lightly on the earth than it is as a practical program (Lawrence Buell, 2005, 102). Ecological criticism shares the fundamental premise that human culture is connected to the physical world, affecting it and affected by it. Ecocriticism takes as its subject the interconnections between nature and culture, specifically the cultural artefacts of language and literature (Cheryll Glotfelty, 1996; xix). The majority of ecocritics, whether or not they theorize their positions, look upon their texts of reference as refractions of physical environments and human interaction with those environments, notwithstanding the artifactual properties of textual representation and their mediation by ideological and other socio-historical factors (Lawrence Buell , 2005; 30). Literary theory, in general, examines the relations between writers, texts, and the world. In most literary theory "the world" is synonymous with society-the social sphere. Ecocriticism expands the notion of "the world" to include the entire ecosphere or nonhuman, which is physical environment. Several things that have to be seen are: • Transforming this concept becomes social movement that will bring the humans into conscious of the equality between human and their environment and doesn't consider the nature into binary opposition between dominate and dominated. • Ecocriticism encourages the changing of canonisation through entering literary works which carry up natural issue. • Ecocriticism is not only an approach but also a pendadogis tool. • Ecocriticism connects the literary study with the earth to see how is the relation between humans and earth where they stand (Cheryll Glotfelty, 1996, xxii) The majority of ecocritics, whether or not they theorize their positions, look upon their texts of reference as refractions of physical environments and human interaction with those environments, notwithstanding the artifactual properties of textual representation and their mediation by ideological and other sociohistorical factors (Buell, 2005; 30). It can be assumed that Ecocrtiticism sees the text as the refraction of physical environment. Another denigrates attempts to recuperate realism as restricting the field of environmental writing, as ludicrously foreshortened in focus ("its practitioners . . . reduced to an umpire's role, squinting to see if a given depiction of a horizon, a wildflower, or a live oak tree is itself well painted and lively"), and in any case bogus, since "mimesis presumes the sameness of the representation and the represented object" (Phillips 2003: 163–4, 175). Buell has added that this is a conviction that contact (or lack ofcontact) with actual environments is intimately linked, even if not on a one-to-one basis, with the work of environmental imagination, for both writer and critic (Buell, 2005; 31). Ecocriticism can explore what we can call a discursively manipulated nonhuman world in literature, and discuss how it gets marginalized or silenced by, or incorporated into the human language (Legler, I997: 227). Nonhuman environment must be represented as an active presence and player within the text made some astute readers inclined to be sympathetic of the environment (Buell, 2005: 51). The task of ecocriticism, then, is to formulate a conceptual foundation for the study of interconnections between literature and the environment. Literature can be perceived as an aesthetically and culturally constructed part of the environment, since it directly addresses the questions of human constructions, such as meaning, value, language, and imagination, which can, then, be linked to the problem of ecological consciousness that humans need to attain. Within this framework, ecocritics are mainly concerned with how literature transmits certain values contributing to ecological thinking (Glotfelty, 1996: xxi). Ecocriticism offers researcher a way how to analyze such literary work through three steps. First is seeing the representation of nonhuman aspect. This first step is looking how is the nature like rice field, village, wilderness, forest, sea, beach, hill, mountain, valley, river, animal (or treatment toward animal) and city environment pictured in the text. Second is seeing the accusation toward ecology issues. The second step destructs how the natural issue is portrayed with the different way. For instance, the nature is pictured as an inconvenient place again for humans because of the emergence the new value; technology, capitalism, extinction of local knowledge, and development of building which is not oriented to the environment. Last is taking part of text's ideology. In this case examines the relations between writers, texts, and the world. This third step is seeing and taking part of the ideology that contains in the text. How the author's view and commitment toward the nature (Cheryll Glotfelty, 1996, xix). DEVASTATION OF EARTH Those all theories mentioned above are related to the word "devastation" which happened on earth. Modernism granted colonizer a power to devastate the earth in which postcolonialism and ecocriticism tend to criticize that devastation. Certainly, what is actually the meaning of devastation of earth? The word "devastation" itself according to Merriam-Webster dictionary means the state or fact of being rendered nonexistent, physically unsound, or useless. In other word, devastation is deterioration, destruction, vanishing of the earth through depletion of resources such as air, water and soil. Devastation of earth can be defined as a destruction of ecosystems and the extinction of wildlife. Devastation of earth is a term used to describe a situation in which a part of the natural environment (the earth) is devastated or damaged. According to Shakhashiri, earth is areas of land as distinguished from sea and air (2011: 1). It means that the earth is composed by three parts; land, sea and air. Thus, it can be ascertained that if the devastation happened on earth, it will strike those all of earth's parts. The devastation which strikes the air will harm the condition of air in the atmosphere or known as devastated atmosphere, devastation which strikes the land will harm the condition of the soil and change it into erode and barren, and devastation which strike the water will contaminate the clean water into the dirty one. The earth as mentioned above that composed from three parts; certainly those each parts have a role. Land is the surface of the earth where the creatures are growing and developing; the plantations (trees) grow well, the animals breed and the humans dwell the life. Air is the mixture of gases which surrounds the Earth in which it contains a lot of vital substances such as oxygen and ozone. And water is a clear liquid, without colour or taste, which falls from the sky as rain and is necessary for animal and plant even human life. Water is also available in the river and sea. All of those parts of the earth greatly have advantage when it states in the normal/natural condition. However, when it was devastated, the earth turns into less natural and more miserable. That is the picture of the devastation of earth. DEPICTION OF DEVASTATION OF EARTH The devastation of earth as Hughes says has happened in every historical period and in every part of the inhabited Earth (2001: 1). It means that devastation of earth happened in the whole surface of the earth. Devastation has stroked the whole environment; atmosphere, land, and sea. Postcolonialism argues that colonialism has an intervention on devastating the earth. Colonialism has devastated the earth as Ashcroft says that the conquest and colonization of so many extra-European environments produced irreversible changes in land use, in flora and fauna and frequently damaged beyond repair traditionally balanced relations between indigenous communities and their environments (2000: 71-72). He adds that imperial incursions and colonization have been regarded as environmentally destructive. Devastation of earth happened over earth. It means that devastation happened on land, atmosphere and sea. The land has changed into gullied, eroded and barren. This changing surely as the impact of devastation of earth which is done by the colonizer in colonizing the land. Everything which stands on the land has changed, There was no reborn flora and fauna in McCarthy's The Road. However, the presence of the flora and fauna is the rest of the previous world. Indeed these flora and fauna have changed as the impact of colonialism. Flora in McCarthy's The Road is dominated by the trees. However, most of the trees have changed into gray, dark and black. It is so pathetic when the father and his son faced the standing black trees and they realized that it changes. Horribly, it seems like ghost of trees. The changing of the trees is not underlined on the changes of its colour but also its presence. It means that the trees are not only changing into dark and black with its standing but also there are many trees which die and fall to the ground. The changes of fauna can be seen when the father and his son was camp in the forest and listening for any sound, it draws that the bird has changed its behaviour by holding migratory to circle the earth. The birds can no longer life in harmony with the environment by occupying the forest. It is caused the changing of trees which turn into dead. Thus, it forces the birds to change themselves. Other fauna changing draws when the father who found an odor of cows. However, the cows are extinct since years ago. He asked to himself whether the cows are really real or not. He finally realized that it is extinct. It shows that the cows are changed from the presence to absence. The burning of a certain thing; such as the trees, surely produces a residue or combustion. It can be carbon and ash. It can be imagined how large the amount of ash will be produced if the whole land of forest were burned. Certainly, the ash will cover everything that has seen. A horrible fire of forest has produced a horrible ash too till everything is covered by ash. The ash has moved along the wind till it covered the city and everything in the city, The fire of forest makes the amount of ash become uncontrolled. The moving of ash filled the air and atmosphere in which it makes everything coloured covered by ash and dust. Hence, everything becomes colourless. The ash changes the landscape become gray. It can be assumed that the graying landscape is no other causing by the moving ash. The occupying of ash in the atmosphere makes the day become unseen and dark. The result of the residual combustion is not ashes merely, but also carbons that harm the environment. Ash and carbon both fill and occupy the atmosphere. As the greenhouse effect idea, that the ash and carbon also dust which in a large amount and uncontrolled in atmosphere will form a mantle which wrapped out the whole of earth. This causes our sight of the sky become dark and gray.The sky and cloud are devoured with ash. The cloud becomes ashen and gray. Severity, the ash and carbon have contaminated everything in the air including the sea water vapor. Then, the result is clouds of ash. Ash and dust have affected the form of the cloud to become gray. Probably its content has been also affected. When the clouds changes into gray, it can be predicted that the rainwater which come down from the clouds will also be gray. It is supported with the presence of the ash mantle that wrapped up the earth. Certainly, everything which come down from the sky; rainwater has to pass this mantle, consequently the rain water will be coloured as gray by the ash mantle. The ash mantle has coloured the rain water. The rainwater which drips down to the earth is seen as the gray sheets of rain. Rainwater that is usually used by humans to fulfil their needs such as to irrigate the fields has been contaminated by ash and carbon so that its contents no longer can be used for the benefit of man. Consequently, there will be no crops and there will be no natural food. Mantle of ash has blanketed the earth during the unknown time. As described above that everything which fell from the sky will pass this mantle so that everything will be contaminated by it. The result, everything which fell will be gray. After several days the father and his son watched the gray sheets of rain, the weather quickly changes into snowy. Everyone knows as it has seen that snow is falling from the sky. The snow actually is similar to the rain, including their formed and their fell. The sea water vapor which is formed into cloud in the sky will fall as the rainwater, however, because of the extreme/cold weather, the rain water freeze into ice and it changes into snow that is white and soft. This falling snow of course has to pass the mantle of ash and it changes into gray. The next devastation of earth is turned to everything which lay on the surface of the earth covered by darkness as the ash effect. Everything stands in the earth turned to be black such as the dead trees which burned by fire forest, and the rain water and snow which fell as gray turn into black in the land. The dead trees which burned by fire forest surely create a black view of trees. The trees which burned in incompletely will make an appearance of burnt and black trees. The rainwater and snow which are grey in their falling turned to be black in the land. The large number of those rainwater and snow gathered as one in the ground create a new colour, more intense and black. The gray flakes which fell down turned to the dark slush. Dark slush can be assumed as the slush which is thicker than a flake. Thus, the slush which is as the result of flakes changes into black. It is also applied in the rainwater; the water in the land is not the whole from the rainwater, some from the river and so on. However, the thick rainwater which fell down in gray proved that its water is dominated to black water. the slush which is melted flows through the ash and turned to the black water. THE IMPACTS OF DEVASTATION OF EARTH ON FATHER'S ATTITUDE Living and dwelling in such devastated earth surely give impacts to the humans who walk over it. The father and his son reveal those kinds of impacts. The father who lived before and after unknown disaster seems undergoing a lot of impacts. It is different with his son who born after that disaster. He tends to be innocent, only watch and observe what his father did. There was an idea to end the life when the father still lived with his woman. She always forces him to end their life because there was nothing else to do in the ruined world. However, the father keep his believe that humans have to struggle. The experience of dwelling the life before the unknown disaster made him stronger. The father realized that what the environment did to him is the result what the humans did to the environment, as Lawrence Buell says that human culture is connected to the physical world; nature and environment, affecting it and affected by it. In other word, humans have affected the environment and have been affected by environment. The woman forces him because they lived in unusual life, they lived like zombie. The devastation of earth causes their life as like as zombie or walking dead in a horror film which the father and his son have a role as the victims. They have to avoid even to face the zombie to keep alive. Dwelling the life in such devastated earth; the air was filled by the ash and dust forces them to wear a mask. The devastated earth; unfriendly air forces him to wear mask (canister mask) and even wear biohazard suit. As the affection of the devastated earth, the father and his son have to worry their life, Mostly he worried about their shoes. Worrying is something that the father in his son has to do. There is no certainty living in such ruined world. It is a common thing for them to worry anytime, worrying of food and shoes. Food is essential thing to keep alive. It is the reason why they worry of food. If they can't find some foods, it means they will die. The shoes are important stuff to hold a journey. As explain before that the weather extremely changes a while. Few days were raining, and another was snowing. Shoes keep the father in his son feet to keep away from coldness and freezing which can take their life. The weather is extremely cold. It is not surprising that the weather turns to colder and colder. The weather has changed anytime; sometime it rains and often snow. The coldness of weather doesn't only force them to eat the food that already fermented as above but also threaten their life. The coldness is very extremely danger for them. Moreover it is pictured that the cold can crack the stone and takes their life off. In such condition surely makes them hard to breathe because in the coldness the air contains thin oxygen. Dwelling the life in such devastated earth actually makes him aware of surrounding even the weather. The sounds like forest fire, fallen trees, and so on makes his ears disturbed and consequently he has to keep awake. Living in such devastated earth makes him to be more aware toward everything that threatens them. The father and his son have experienced many kinds of problems. Everything that happened to him does not break his spirit to keep alive even when they are in starving. He always believes that he would find something to eat. the father always optimistic dwelling life. the devastated earth makes him become more optimistic. Struggle is a must to do to find another thing to be eaten to keep the life. Keep trying is the key for the good guys who living in the ruined environment. By keeping trying, they can survive dwelling the life in such environment. Keep trying is not enough to live in such devastated earth. Always suspect the possibility that may happen has to be done, because no one knows what will happen, but the threat of nature always happen all the time. Thus, another thing that has to do is to remain vigilant about the environment. The devastated earth forces him to become "cautious, watchful" and always "on the lookout". He believes that no one expect a trouble. However, living in the devastated earth, the thing that has to do is to always expect it. Thus he was always wary of something bad that may happen. Nothing can be expected from the nature. The father always believed it. He no longer agrees if people prepare something for tomorrow. Although he always optimistic of what he did, he never believed it. For him, even though he's preparing for tomorrow, he doesn't believe that the nature will prepare for him. What the father believes that is now or tomorrow is the same. This belief keeps the father spirit to face his following days. As a father he would often feel the pain. Physically, he is ill of facing the devastated earth. And mentally, he is ill of the feeling of bearing the responsibility as a father who is responsible for the survival of his son and his own life. However nature should never take the life of his son. He would bet his life for the life of his son. Often he complains to himself about his illness. He pretends as tough man in front his son but actually he felt tremendous pain. It's just that he does not want his son to know. THE IMPACTS OF DEVASTATION OF EARTH ON SON'S ATTITUDE Being born in the devastated earth which the unknown disaster has swept it surely affects the son's behaviour toward environment. The greyscale image of environment has saved well in his mind that forces him to expect something else, something in colour. When they continue their journey, the son had found some crayons. These crayons change his mind that something left on earth in colour. Thus, environment is not filling of gray merely. The crayons seem like a hope for