The contemporary industrial metabolism is not sustainable. Critical problems arise at both the input and the output side of the complex: Although affordable fossil fuels and mineral resources are declining, the waste products of the current production and consumption schemes (especially CO 2 emissions, particulate air pollution, and radioactive residua) cause increasing environmental and social costs. Most challenges are associated with the incumbent energy economy that is unlikely to subsist. However, the crucial question is whether a swift transition to its sustainable alternative, based on renewable sources, can be achieved. The answer requires a deep analysis of the structural conditions responsible for the rigidity of the fossil-nuclear energy system. We argue that the resilience of the fossil-nuclear energy system results mainly from a dynamic lock-in pattern known in operations research as the "Success to the Successful" mode. The present way of generating, distributing, and consuming energy-the largest business on Earth-expands through a combination of factors such as the longevity of pertinent infrastructure, the information technology revolution, the growth of the global population, and even the recent financial crises: Renewable-energy industries evidently suffer more than the conventional-energy industries under recession conditions. Our study tries to elucidate the archetypical traits of the lock-in pattern and to assess the respective importance of the factors involved. In particular, we identify modern corporate law as a crucial system element that thus far has been largely ignored. Our analysis indicates that the rigidity of the existing energy economy would be reduced considerably by the assignment of unlimited liabilities to the shareholders."Whoever has in his hand, to him will be given and whoever has not, even the little he has, will be taken from him." -The Gospel of Thomas, Logos 41.* T he incumbent energy system generates a number of negative effects, many of which disturb the climate and threaten the ecosystems on which we depend. Although those effects have been known for several decades, and although sustainability is a widely held aspiration, there has been no real mitigation of the most pertinent causes: the generation and use of conventional energy sources. In fact, although the combined share of fossil and nuclear resources in the world's total supply of primary energy has remained stable since 1973, the absolute supply of these resources has more than doubled. In parallel with this increase, shareholders' power in the realm of corporate governance has increased significantly.This paper discusses and characterizes the structural mechanisms behind the rigidity of the contemporary energy system and considers the role of corporate law in this context. It concludes with a suggestion for a change in the structure of corporate law that may help reduce our energy system's addiction to fossil energy resources and the negative side-effects of this addiction.
Problems Caused by the Current E...