Sun Dec 11th, 2011 at 08:18:41 AM EST
So a Durban Climate Deal has been struck
With tempers rising and the talks minutes from being abandoned, the chair, South African foreign minister Maite Nkoana-Mashabane, ordered China, India, the US, Britain, France, Sweden, Gambia, Brazil and Poland to meet in a small group or "huddle".
Surrounded by a crowd of nearly 100 delegates on the floor of the hall, they talked quietly among themselves to try to reach a new form of words acceptable to all.
But it was Brazil's chief negotiator, lawyer Luis Figueres, who came up with the compromise, proposing to substitute "an agreed outcome with legal force" for "legal outcome". This, said an EU lawyer, was much stronger, effectively meaning "a legally binding agreement".
The key point here is that the phrase agreed outcome with legal force is precisely the associative legal approach I have been advocating for 10 years, and which I have recently termed Nondominium.
The agreed outcome and framework agreement are not difficult to architect with a bit of imagination: but it is impossible to attain the desired outcome using the Western forms of finance capital and enterprise models - based upon 'Anglo' jurisprudence of Law (statute) and Equity (judge made common law created by lawyers for lawyers) - which actually caused the problem in the first place.
When the next phase of the evolution of financial markets kicks in, probably in Q1 2012, with the collapse of the current commodity and equity bubbles, I think we'll see common sense beginning to assert itself.
This will be driven by those who actually have the resources: after all, as Stalin might have put it...........how many barrels has the G7?