0:00:12.040,0:00:13.340
Twenty years ago,

0:00:13.364,0:00:16.367
when I was a barrister[br]and human rights lawyer

0:00:16.391,0:00:19.456
in full-time legal practice in London,

0:00:19.480,0:00:21.656
and the highest court in the land

0:00:21.680,0:00:26.096
still convened, some would say[br]by an accident of history,

0:00:26.120,0:00:27.440
in this building here,

0:00:28.140,0:00:31.196
I met a young man[br]who had just quit his job

0:00:31.220,0:00:32.649
in the British Foreign Office.

0:00:33.220,0:00:35.516
When I asked him, "Why did you leave,"

0:00:35.540,0:00:36.740
he told me this story.

0:00:37.820,0:00:40.516
He had gone to his boss[br]one morning and said,

0:00:40.540,0:00:44.660
"Let's do something[br]about human rights abuses in China."

0:00:45.550,0:00:47.526
And his boss had replied,

0:00:47.550,0:00:50.246
"We can't do anything[br]about human rights abuses in China

0:00:50.270,0:00:52.870
because we have[br]trade relations with China."

0:00:54.030,0:00:56.606
So my friend went away[br]with his tail between his legs,

0:00:56.630,0:00:59.790
and six months later,[br]he returned again to his boss,

0:01:00.590,0:01:02.206
and he said this time,

0:01:02.230,0:01:05.726
"Let's do something[br]about human rights in Burma,"

0:01:05.750,0:01:06.950
as it was then called.

0:01:07.750,0:01:09.886
His boss once again paused

0:01:09.910,0:01:13.926
and said, "Oh, but we can't[br]do anything about human rights in Burma

0:01:13.950,0:01:17.606
because we don't have[br]any trade relations with Burma."

0:01:17.630,0:01:19.286
(Laughter)

0:01:19.310,0:01:21.406
This was the moment[br]he knew he had to leave.

0:01:21.430,0:01:23.790
It wasn't just the hypocrisy[br]that got to him.

0:01:24.510,0:01:27.766
It was the unwillingness of his government

0:01:27.790,0:01:30.406
to engage in conflict[br]with other governments,

0:01:30.430,0:01:32.206
intense discussions,

0:01:32.230,0:01:36.030
all the while, innocent people[br]were being harmed.

0:01:36.950,0:01:39.486
We are constantly told

0:01:39.510,0:01:41.590
that conflict is bad

0:01:42.224,0:01:44.264
that compromise is good;

0:01:44.955,0:01:46.646
that conflict is bad

0:01:46.670,0:01:48.790
but consensus is good;

0:01:49.470,0:01:51.686
that conflict is bad

0:01:51.710,0:01:54.270
and collaboration is good.

0:01:55.390,0:01:56.686
But in my view,

0:01:56.710,0:01:59.086
that's far too simple[br]a vision of the world.

0:01:59.110,0:02:01.006
We cannot know

0:02:01.030,0:02:03.086
whether conflict is bad

0:02:03.110,0:02:05.926
unless we know who is fighting,

0:02:05.950,0:02:08.086
why they are fighting

0:02:08.110,0:02:09.966
and how they are fighting.

0:02:09.990,0:02:13.446
And compromises can be thoroughly rotten

0:02:13.470,0:02:16.150
if they harm people[br]who are not at the table,

0:02:16.950,0:02:19.365
people who are vulnerable, disempowered,

0:02:19.389,0:02:22.670
people whom we have[br]an obligation to protect.

0:02:23.830,0:02:26.886
Now, you might be[br]somewhat skeptical of a lawyer

0:02:26.910,0:02:30.086
arguing about the benefits of conflict

0:02:30.110,0:02:32.726
and creating problems for compromise,

0:02:32.750,0:02:34.566
but I did also qualify as a mediator,

0:02:34.590,0:02:37.870
and these days, I spend my time[br]giving talks about ethics for free.

0:02:38.510,0:02:41.590
So as my bank manager likes to remind me,[br]I'm downwardly mobile.

0:02:43.630,0:02:46.646
But if you accept my argument,

0:02:46.670,0:02:49.846
it should change not just the way[br]we lead our personal lives,

0:02:49.870,0:02:52.190
which I wish to put[br]to one side for the moment,

0:02:52.950,0:02:56.726
but it will change the way[br]we think about major problems

0:02:56.750,0:02:59.510
of public health and the environment.

0:03:00.790,0:03:01.990
Let me explain.

0:03:03.710,0:03:06.086
Every middle schooler[br]in the United States,

0:03:06.110,0:03:08.766
my 12-year-old daughter included,

0:03:08.790,0:03:12.646
learns that there are[br]three branches of government,

0:03:12.670,0:03:16.510
the legislative, the executive[br]and the judicial branch.

0:03:17.190,0:03:18.606
James Madison wrote,

0:03:18.630,0:03:23.646
"If there is any principle[br]more sacred in our Constitution,

0:03:23.670,0:03:26.406
and indeed in any free constitution,

0:03:26.430,0:03:27.926
than any other,

0:03:27.950,0:03:30.446
it is that which separates

0:03:30.470,0:03:34.590
the legislative, the executive[br]and the judicial powers."

0:03:35.430,0:03:38.686
Now, the framers were not just concerned

0:03:38.710,0:03:42.806
about the concentration[br]and exercise of power.

0:03:42.830,0:03:46.830
They also understood[br]the perils of influence.

0:03:47.790,0:03:52.886
Judges cannot determine[br]the constitutionality of laws

0:03:52.910,0:03:56.686
if they participate in making those laws,

0:03:56.710,0:04:00.646
nor can they hold the other branches[br]of government accountable

0:04:00.670,0:04:02.606
if they collaborate with them

0:04:02.630,0:04:05.790
or enter into close[br]relationships with them.

0:04:06.830,0:04:10.726
The Constitution is,[br]as one famous scholar put it,

0:04:10.750,0:04:13.664
"an invitation to struggle."

0:04:14.490,0:04:17.266
And we the people are served

0:04:17.290,0:04:21.690
when those branches do, indeed,[br]struggle with each other.

0:04:23.530,0:04:27.106
Now, we recognize[br]the importance of struggle

0:04:27.130,0:04:30.026
not just in the public sector

0:04:30.050,0:04:32.426
between our branches of government.

0:04:32.450,0:04:35.786
We also know it too in the private sector,

0:04:35.810,0:04:38.410
in relationships among corporations.

0:04:39.610,0:04:44.626
Let's imagine that two American airlines[br]get together and agree

0:04:44.650,0:04:46.826
that they will not drop the price

0:04:46.850,0:04:51.210
of their economy class airfares[br]below 250 dollars a ticket.

0:04:51.850,0:04:55.706
That is collaboration,[br]some would say collusion,

0:04:55.730,0:04:57.066
not competition,

0:04:57.090,0:04:59.906
and we the people are harmed

0:04:59.930,0:05:01.770
because we pay more for our tickets.

0:05:03.090,0:05:05.346
Imagine similarly[br]two airlines were to say,

0:05:05.370,0:05:10.386
"Look, Airline A, we'll take[br]the route from LA to Chicago,"

0:05:10.410,0:05:13.586
and Airline B says, "We'll take[br]the route from Chicago to DC,

0:05:13.610,0:05:15.066
and we won't compete."

0:05:15.090,0:05:19.706
Once again, that's collaboration[br]or collusion instead of competition,

0:05:19.730,0:05:22.450
and we the people are harmed.

0:05:24.130,0:05:29.586
So we understand[br]the importance of struggle

0:05:29.610,0:05:33.850
when it comes to relationships[br]between branches of government,

0:05:35.330,0:05:37.026
the public sector.

0:05:37.050,0:05:40.466
We also understand[br]the importance of conflict

0:05:40.490,0:05:44.826
when it comes to relationships[br]among corporations,

0:05:44.850,0:05:46.506
the private sector.

0:05:46.530,0:05:49.106
But where we have forgotten it

0:05:49.130,0:05:53.546
is in the relationships[br]between the public and the private.

0:05:53.570,0:05:57.266
And governments all over the world[br]are collaborating with industry

0:05:57.290,0:06:01.066
to solve problems of public health[br]and the environment,

0:06:01.090,0:06:04.066
often collaborating[br]with the very corporations

0:06:04.090,0:06:09.930
that are creating or exacerbating[br]the problems they are trying to solve.

0:06:11.330,0:06:14.906
We are told that these relationships

0:06:14.930,0:06:16.610
are a win-win.

0:06:17.610,0:06:20.770
But what if someone is losing out?

0:06:22.530,0:06:24.850
Let me give you some examples.

0:06:26.090,0:06:29.586
A United Nations agency[br]decided to address a serious problem:

0:06:29.610,0:06:33.210
poor sanitation in schools in rural India.

0:06:34.450,0:06:38.506
They did so not just in collaboration[br]with national and local governments

0:06:38.530,0:06:41.026
but also with a television company

0:06:41.050,0:06:44.890
and with a major[br]multinational soda company.

0:06:45.890,0:06:49.026
In exchange for less[br]than one million dollars,

0:06:49.050,0:06:53.426
that corporation received the benefits[br]of a months-long promotional campaign

0:06:53.450,0:06:55.626
including a 12-hour telethon

0:06:55.650,0:06:58.850
all using the company's logo[br]and color scheme.

0:07:02.051,0:07:03.571
This was an arrangement

0:07:04.160,0:07:07.016
which was totally understandable

0:07:07.040,0:07:08.976
from the corporation's point of view.

0:07:09.000,0:07:11.536
It enhances the reputation of the company

0:07:11.560,0:07:14.080
and it creates brand loyalty[br]for its products.

0:07:15.360,0:07:16.976
But in my view,

0:07:17.000,0:07:20.696
this is profoundly problematic[br]for the intergovernmental agency,

0:07:20.720,0:07:24.880
an agency that has a mission[br]to promote sustainable living.

0:07:26.680,0:07:29.816
By increasing consumption[br]of sugar-sweetened beverages

0:07:29.840,0:07:34.136
made from scarce local water supplies[br]and drunk out of plastic bottles

0:07:34.160,0:07:37.176
in a country that is already[br]grappling with obesity,

0:07:37.200,0:07:40.616
this is neither sustainable[br]from a public health

0:07:40.640,0:07:43.536
nor an environmental point of view.

0:07:43.560,0:07:46.896
And in order to solve[br]one public health problem,

0:07:46.920,0:07:49.216
the agency is sowing the seeds

0:07:49.240,0:07:50.440
of another.

0:07:52.280,0:07:56.576
This is just one example[br]of dozens I discovered

0:07:56.600,0:08:01.696
in researching a book on the relationships[br]between government and industry.

0:08:01.720,0:08:05.496
I could also have told you[br]about the initiatives in parks

0:08:05.520,0:08:07.136
in London and throughout Britain,

0:08:07.160,0:08:09.560
involving the same company,[br]promoting exercise,

0:08:10.360,0:08:15.216
or indeed of the British government[br]creating voluntary pledges

0:08:15.240,0:08:17.416
in partnership with industry

0:08:17.440,0:08:20.176
instead of regulating industry.

0:08:20.200,0:08:25.856
These collaborations or partnerships[br]have become the paradigm in public health,

0:08:25.880,0:08:29.936
and once again, they make sense[br]from the point of view of industry.

0:08:29.960,0:08:33.576
It allows them to frame[br]public health problems and their solutions

0:08:33.600,0:08:35.736
in ways that are least threatening to,

0:08:35.760,0:08:38.616
most consonant with[br]their commercial interests.

0:08:38.640,0:08:41.216
So obesity becomes a problem

0:08:41.240,0:08:45.996
of individual decision-making,

0:08:46.020,0:08:48.075
of personal behavior,

0:08:48.099,0:08:51.276
personal responsibility[br]and lack of physical activity.

0:08:51.300,0:08:53.396
It is not a problem,

0:08:53.420,0:08:54.835
when framed this way,

0:08:54.859,0:08:58.476
of a multinational food system[br]involving major corporations.

0:08:58.500,0:09:00.156
And again, I don't blame industry.

0:09:00.180,0:09:03.596
Industry naturally engages[br]in strategies of influence

0:09:03.620,0:09:06.100
to promote its commercial interests.

0:09:06.860,0:09:10.116
But governments have a responsibility

0:09:10.140,0:09:12.196
to develop counterstrategies

0:09:12.220,0:09:14.036
to protect us

0:09:14.060,0:09:16.740
and the common good.

0:09:18.036,0:09:19.713
I want to give you another example,

0:09:19.737,0:09:21.924
moving from high-profile collaborations

0:09:21.948,0:09:24.441
to something that is below ground,

0:09:24.465,0:09:27.435
both literally and figuratively.

0:09:28.932,0:09:30.937
And just before I do, I should mention,

0:09:30.961,0:09:34.856
the mistake that governments are making

0:09:34.880,0:09:37.456
when they collaborate in this way

0:09:37.480,0:09:38.816
with industry

0:09:38.840,0:09:41.416
is that they conflate

0:09:41.440,0:09:43.256
the common good

0:09:43.280,0:09:44.480
with common ground.

0:09:46.580,0:09:49.356
When you collaborate with industry,

0:09:49.380,0:09:52.196
you necessarily put off the table

0:09:52.220,0:09:55.796
things that might promote the common good[br]to which industry will not agree.

0:09:55.820,0:09:58.596
Industry will not agree[br]to increased regulation

0:09:58.620,0:10:02.796
unless it believes this will[br]stave off even more regulation

0:10:02.820,0:10:06.060
or perhaps knock some competitors[br]out of the market.

0:10:07.460,0:10:09.756
Nor can companies agree[br]to do certain things,

0:10:09.780,0:10:12.756
for example raise the prices[br]of their unhealthy products,

0:10:12.780,0:10:14.916
because that would violate[br]competition law,

0:10:14.940,0:10:16.140
as we've established.

0:10:18.060,0:10:21.276
So our governments should not confound

0:10:21.300,0:10:23.756
the common good and common ground,

0:10:23.780,0:10:29.020
especially when common ground[br]means reaching agreement with industry.

0:10:29.741,0:10:33.459
So, again, to the example below ground,

0:10:33.483,0:10:36.083
the hydraulic fracturing of natural gas.

0:10:36.540,0:10:40.236
Imagine that you purchase a plot of land

0:10:40.260,0:10:42.476
not knowing the mineral rights[br]have been sold.

0:10:42.500,0:10:44.300
This is before the fracking boom.

0:10:45.580,0:10:48.596
You build your dream home on that plot,

0:10:48.620,0:10:50.236
and shortly afterwards,

0:10:50.260,0:10:55.660
you discover that a gas company[br]is building a well pad on your land.

0:10:56.260,0:10:59.660
That was the plight[br]of the Hallowich family.

0:11:01.720,0:11:04.536
Within a very short period of time,

0:11:04.560,0:11:07.776
they began to complain of headaches,

0:11:07.800,0:11:11.016
of sore throats, of itchy eyes,

0:11:11.040,0:11:13.856
in addition to the interference[br]of the noise, vibration

0:11:13.880,0:11:17.016
and the bright lights[br]from the flaring of natural gas.

0:11:17.040,0:11:19.360
They were very vocal in their criticisms,

0:11:20.480,0:11:21.840
and then they fell silent.

0:11:22.920,0:11:26.176
And thanks to the Pittsburgh Post-Gazette,[br]where this image appeared,

0:11:26.200,0:11:29.056
and one other newspaper,[br]we discovered why they fell silent.

0:11:29.080,0:11:32.776
The newspapers went to the court and said,[br]"What happened to the Hallowiches?"

0:11:32.800,0:11:36.176
And it turned out the Hallowiches[br]had made a secret settlement

0:11:36.200,0:11:40.096
with the gas operators, and it was[br]a take-it-or-leave-it settlement.

0:11:40.120,0:11:41.376
The gas company said,

0:11:41.400,0:11:43.816
you can have a six-figure sum

0:11:43.840,0:11:45.976
to move elsewhere[br]and start your lives again,

0:11:46.000,0:11:47.216
but in return

0:11:47.240,0:11:51.096
you must promise not to speak[br]of your experience with our company,

0:11:51.120,0:11:53.696
not to speak of your[br]experience with fracking,

0:11:53.720,0:11:57.440
not to speak about the health consequences

0:11:58.200,0:12:01.120
that might have been revealed[br]by a medical examination.

0:12:02.240,0:12:05.056
Now, I do not blame[br]the Hallowiches for accepting

0:12:05.080,0:12:07.896
a take-it-or-leave-it settlement

0:12:07.920,0:12:10.136
and starting their lives elsewhere.

0:12:10.160,0:12:11.376
And one can understand

0:12:11.400,0:12:14.376
why the company would wish[br]to silence a squeaky wheel.

0:12:14.400,0:12:18.176
What I want to point the finger at[br]is the legal and regulatory system,

0:12:18.200,0:12:20.656
a system in which there are[br]networks of agreements

0:12:20.680,0:12:22.576
just like this one

0:12:22.600,0:12:26.160
which serve to silence people[br]and seal off data points

0:12:27.080,0:12:29.736
from public health experts[br]and epidemiologists,

0:12:29.760,0:12:31.376
a system in which regulators

0:12:31.400,0:12:34.536
will even refrain[br]from issuing a violation notice

0:12:34.560,0:12:35.936
in the event of pollution

0:12:35.960,0:12:38.096
if the landowner and the gas company

0:12:38.120,0:12:39.696
agree to settle.

0:12:39.720,0:12:43.656
This is a system which isn't just[br]bad from a public health point of view;

0:12:43.680,0:12:46.976
it exposes hazards to local families

0:12:47.000,0:12:49.200
who remain in the dark.

0:12:51.720,0:12:56.216
Now, I have given you two examples[br]not because they are isolated examples.

0:12:56.240,0:12:58.736
They are examples of a systemic problem.

0:12:58.760,0:13:01.136
I could share some counterexamples,

0:13:01.160,0:13:04.136
the case for example[br]of the public official

0:13:04.160,0:13:07.256
who sues the pharmaceutical company

0:13:07.280,0:13:08.896
for concealing the fact

0:13:08.920,0:13:15.496
that its antidepressant increases[br]suicidal thoughts in adolescents.

0:13:15.520,0:13:19.416
I can tell you about the regulator[br]who went after the food company

0:13:19.440,0:13:23.176
for exaggerating the purported[br]health benefits of its yogurt.

0:13:23.200,0:13:26.656
And I can tell you about the legislator

0:13:26.680,0:13:30.976
who despite heavy lobbying[br]directed at both sides of the aisle

0:13:31.000,0:13:34.920
pushes for environmental protections.

0:13:35.680,0:13:37.416
These are isolated examples,

0:13:37.440,0:13:41.616
but they are beacons of light[br]in the darkness,

0:13:41.640,0:13:45.320
and they can show us the way.

0:13:46.520,0:13:50.800
I began by suggesting that sometimes[br]we need to engage in conflict.

0:13:52.000,0:13:55.536
Governments should tussle with,

0:13:55.560,0:14:01.360
struggle with, at times engage[br]in direct conflict with corporations.

0:14:02.480,0:14:06.736
This is not because governments[br]are inherently good

0:14:06.760,0:14:09.016
and corporations are inherently evil.

0:14:09.040,0:14:13.040
Each is capable of good or ill.

0:14:13.960,0:14:18.680
But corporations understandably[br]act to promote their commercial interests,

0:14:19.600,0:14:25.656
and they do so either sometimes[br]undermining or promoting the common good.

0:14:25.680,0:14:29.656
But it is the responsibility[br]of governments

0:14:29.680,0:14:32.896
to protect and promote the common good.

0:14:32.920,0:14:35.616
And we should insist

0:14:35.640,0:14:38.040
that they fight to do so.

0:14:40.150,0:14:42.646
This is because governments

0:14:43.335,0:14:44.735
are the guardians

0:14:45.581,0:14:46.781
of public health;

0:14:47.924,0:14:50.661
governments are the guardians

0:14:50.685,0:14:52.551
of the environment;

0:14:52.575,0:14:54.392
and it is governments

0:14:54.416,0:14:55.713
that are guardians

0:14:55.737,0:15:01.097
of these essential parts[br]of our common good.

0:15:01.730,0:15:02.946
Thank you.

0:15:02.970,0:15:07.908
(Applause)