Looking behind the smokescreen: a historical analysis of the case of air pollution by the Dutch Hoogovens as a state-corporate crime

• In Event: EUROC 2: State-Corporate Crime

Abstract

Looking behind the smokescreen: a historical analysis of the case of air pollution by the Dutch Hoogovens as a state-corporate crime
Abstract
The Dutch Royal Hoogovens, currently known as Tata Steel IJmuiden, has been accused of emitting toxic substances that caused a higher prevalence of cancer in the proximity of the factory (Oldenbeuvng & Timmer, 2020). Both governance and state-corporate crime literature analyzes the interactions between governments and companies to understand similar harms, yet from different perspectives. This paper answers to Van Erp and Almond’s (2020) call to integrate these perspectives, by applying the perspective of ‘state-corporate crime’ (Kramer, 1990, as cited in Kramer et al., 2002), ‘responsive regulation’ and ‘tripartism’ (Ayres & Braithwaite, 1995) to the case of the Hoogovens.
To understand the different dynamics behind the regulatory pendulum, this study is based on an historical analysis of public documents, from 1918 until the present. On this timeline, five periods of five to ten years around critical moments in the company history were highlighted.
The preliminary results show that despite longstanding concerns from civil society about a healthy and safe living environment, the company and government have always acted in the interest of the company. In fact, government interventions show a tendency towards de-escalating and moving downward on the enforcement pyramid.
This study concludes that in the neoliberal political system responsive regulation has been implemented in interest of the market, not society. These systematic shortcomings have created a ‘regime of permission’ that facilitates corporate harms such as the environmental and public health consequences in the Hoogovens-case.

Authors

• Karin van Wingerde, Erasmus University Rotterdam

• Sammie Verbeek, Erasmus School of Law