OPINION / CLIMATE
Laura Clarke OBE on ‘the art of the possible’
The ClientEarth CEO explains
why creativity is key
to protecting the planet
Environmental crises are all-encompassing. They are set to impact every corner of human life – how we power our economies, grow and source our food, how we transport our goods. On a philosophical level, the challenges we face require a shift in mindset. The task is bewilderingly complex (altering the course of history usually is), and it requires that we draw on every tool available.
In protecting the Earth and its inhabitants, the most important resource at our disposal is creativity. That is, the ability to imagine a better future, and work creatively with others to chart a path towards it. At ClientEarth, this approach is key to our central mission: we use the power of the law to tackle some of the biggest issues of our time, from the climate and biodiversity crises to chemical and plastic pollution. While some see the law as a tool to defend the vested interests of the status quo (as indeed it often is), we see it as way to drive radical transformation. It’s all about the art of the possible.
Above the (environmental) law
This starts with which type of law we apply to our cases. For instance, if we were to purely rely on ‘environmental law’, we wouldn’t be able to take on the cases that we need to. But by taking a broader perspective, we can pioneer the development of other areas of law that can help us protect our Client, the Earth.
Consider human rights law. People and organisations around the world are using this to take on environmental cases as what ails the planet starts to more directly impact the people who live on its surface. In 2022 we supported a successful legal complaint from eight Torres Strait Islanders who argued that Australia had breached its human rights obligations to them through inaction on climate change. It was the first time a nation state has been found responsible for its greenhouse gas emissions under international human rights law.
In protecting the Earth and its inhabitants, the most important resource at our disposal is creativity
We use corporate law, too. Our case against Shell, filed last year, argued that its Board had mismanaged climate risk to the detriment of the company and its investors, breaching company law. The case was unsuccessful, but it was an important step towards re-evaluating Directors’ responsibilities in the context of the climate crisis. And there are signs of progress since: earlier this year, former Directors of Polish energy giant ENEA were sued by the company’s current management over a coal investment that went wrong.
Context and creativity
Being creative also means adapting to the contexts we work in. In Asia, it is often more appropriate to build capacity within the legal system, than to take big cases against companies or governments. Many countries in the region are still developing their environmental law, so big opportunities lie in collaboration. For example, we worked with the Chinese government to make their overseas investments greener, helping to develop their 2021 policy to stop building coal power plants abroad; elsewhere we’re supporting on regulatory reform to help accelerate the energy transition.
The ‘art of the possible’ is something that we discuss internally. It’s an approach that helps drive the change we need to see. But we need to go further – into the realms of the impossible. That means trying to redesign the legal and economic systems that we operate within, and to prove the viability of these alternatives. To encourage such thinking, ClientEarth launched an Innovation Lab in 2023 for its staff and allies. Its mission is to bring people from different sectors and different skills, and to help them imagine and create legal systems that enable people and planet to live in balance.
Thinking creatively, being brave and challenging the status quo is central to ClientEarth’s DNA. That might be why so many creatives – from David Gilmour and Brian Eno, to Antony Gormley and Beatriz Milhazes – have been drawn to support us in our work. Artists, perhaps more than most, see the power of creativity, the importance of imagining a better future, and the need to push boundaries. They know too that to address these existential challenges we need all voices, and that we need to win hearts as well as minds.
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THE AGENDA
1.
Against the stereotype that sees young’uns only interested in screens and short videos, a visit to any children’s publishing trade fair will prove that the market for books aimed at boys and girls still has a strong spine. On International Children’s Book Day, it’s worth remembering that the printed page still holds a vital role in feeding the imagination – and creativity – of the next generation.
2nd April
2.
From podcasts to comedy routines, most of the world’s creative output has a place – and is usually discovered – on the internet. The idiosyncratic protagonists of this most multifaceted of media will be honoured at this year’s Webby awards, also known as “the Oscars of the Internet”. Nominees are announced this week: look out for the new Metaverse, Virtual & AI category (love it or hate it, it’s still going to get a prize).
2nd April
3.
Finding a way to mark International Party Day shouldn’t be too much of a tall order. As people who like to let their hair down, though, the organisers of this recurrence take things pretty seriously: the idea is to “achieve social change and harmony by encouraging people to celebrate” – and it’s certainly true that good moods are often conducive to better ideas. Their creative choice of date was inspired by a 1995 novel by Vanna Bonta but leaves much to be desired: this year it falls on a Wednesday.
3rd April
4.
Miami’s creative moment to shine isn’t just in December, when gallerists and collectors gather here for one of Art Basel’s two editions outside its Swiss home base. Just like the world-renowned fair, this week’s Miami Film Festival emphasises the city’s role as a meeting point between North and Latin America: expect plenty of independent, Spanish-language gems.
5th April-14th April
Still flying
Contributor: Matthew Horwood / Alamy Stock Photo
EU / DIPLOMACY
Creativity is key to Nato’s future
When Nato foreign ministers meet in Brussels this week, they’ll have plenty of military priorities to discuss – but they might take a moment to acknowledge the fact this month marks the 75th anniversary of the signing of the North Atlantic Treaty in 1949. Back then, the alliance was born primarily as a post-war safeguard, but in bringing the United States, Canada and many of the countries of Western Europe together it was also one of the several creative enterprises that sought to rebuild society – and encourage a radically new cohesion between nations. Today, Nato’s response to Russia’s invasion of Ukraine may bring to mind its historical roots and role in a decades-long détente with the Soviet Union, but the world around it has changed dramatically since. There’s plenty more that the alliance must do beyond defending its borders to be relevant and effective in this context: tapping into the pioneering spirit that first established it might inspire the sort of fresh thinking that will allow it to hold the line.
CREATIVE HACK
Non-time
Distraction is the killer of creativity. To avoid interruption some are scheduling deep work in moments of ‘non-time’, a period between 4am and 7am when the rest of the world is still unconscious.
UK Chancellor of the Exchequer Jeremy Hunt
Contributor: Li Ying/Xinhua/Alamy Live News
UK / BUSINESS
Self-employed tax cuts are a damp squib
Much of the creative economy in the UK – and beyond – is made up of freelancers and founders, but being lumped under the “self-employed” banner doesn’t necessary help when it comes to thinking up policies that can truly support their activities. This week, tax breaks for the self-employed announced by UK chancellor Jeremy Hunt are coming into force; the measures should add up to a £350 payment reduction per person, per year. Some will be pleased by the idea of saving some extra cash, but tax cuts never tell the whole story in terms of understanding a true interest in stimulating the creative industries. With recent research by the University of Glasgow branding freelance journalism as a “wild west” profession, it’s clear the problem for solo agents has also got to do with pay and one’s rights to it. But it’s also a question of looking to the bigger picture: incentives into an industry can take the shape of spaces and initiatives – and not just the numbers on a tax bill.
GLOBAL / TECH
Factual fight-back
Be it the result of carelessness, rush or deliberate malice, disinformation has become an all-too-common occurrence in the way people consume the news. Many outlets have realised that relying on solid fact-checking practices – and putting their investigative credentials front and centre – can do wonders in ensuring audiences still rely on and come back to their services. This week, the International Fact-Checking Network – an organisation launched in 2015 to support the activities of diligent fact-finders around the world – is calling for people to mark World Fact-Checking Day. It’s a rallying cry for the fact that “getting creative” with the news (or with any other pursuit) doesn’t mean becoming fanciful or unrealistic. Any valid creative endeavour is always anchored in the unshakable foundations of exacting research and that most slippery but indispensable of ingredients: truth.
Global ambition: SP-Arte
Contributor: SP–Arte
BRAZIL / ART
Brazilian art goes global
Spring is always a busy time in the calendar of those who hop around the world for art and design fairs. But between the major appointments of Art Basel Hong Kong, which just wrapped up in the Asian city, and Venice’s Biennale, the queen of all art shows which opens later in April, a valuable event is taking place in Brazil, too. SP-Arte is a great case study in how focussing on one’s homegrown scene and fostering local talent can yield results on a much bigger scale. Now in its 20th edition, the fair was born as an attempt to spotlight Brazilian galleries and artists at a time when no other occasion was doing the same in the country; over time it started enticing international players to join in, and kept growing the number of exhibitors every year. This week, there’ll be 180 of them in the halls: much as the number of foreign galleries has taken a bit of a dip following the country’s recession, the event’s global relevance is undisputed (particularly as the political winds have finally changed to value creativity and culture in the country once again). As Adriano Pedrosa, the artistic director of the Museu de Arte de São Paulo and former collaborator of SP-Arte, prepares to take the creative reins of the Venice Biennale as the show’s first ever Brazilian curator, it’s clear that the work the fair has done to build and nurture its country’s art scene has lifted all players up with it: sometimes, it’s worth taking the time to build things up at home in order to gather the strength for an international jump.
You use a glass mirror to see your face; you use works of art to see your soul.
/ George Bernard Shaw
