BP must allocate funds, not to increase its exploration and exploitation in deep water, but rather for reparations for damage caused by the Gulf oil spill and the harmful use of dispersants. BP must leave underground an amount of oil equivalent to the quantity of oil spilled in the Gulf as an initial step toward leaving more oil underground. BP must incorporate into its agenda a meaningful plan for the realization of corporate social responsibility. It must respect and abide by a moratoria on oil and gas exploration and production in deep seas as well as the progressive abandonment of maritime operations overall. BP must make public all the information it has about the oil spill’s damage, the techniques used to “clean up” the mess, and make public the list of scientific institutions and individual scientists who have been commissioned by the company to undertake studies, research or technical conceptualizations and interventions in relation to the disaster.
The Tribunal agrees to make a request to the UN to create a collective, multilateral process to assess petroleum operations at sea, to consider and impose moratoria, and to identify necessary reparation actions for disasters past, present and future.
The Tribunal salutes the fast-expanding international campaign to divest investments in fossil fuel and hydrocarbon corporations (oil, gas and coal) and recommends to parties promoting such divestment that they prioritize eliminating investments in BP, because of BP’s violations of the rights of Nature with respect to its oil spill in the Gulf of Mexico, while not neglecting other fossil fuel and hydrocarbon corporate divestments.
Finally, the Tribunal urges the Constitutional Tribunal of Ecuador to initiate a review of the BP case with a view to expanding Earth jurisprudence, especially considering that Ecuador along with Bolivia are the only countries in the world, along with several dozen local communities in the USA, that recognize nature as a subject of rights and as such, that nature has rights to restoration and reparations.
The Tribunal recognizes that in addition to the violation of the rights of Nature in the Gulf of Mexico, BP has generated serious negative ecological impacts elsewhere that may constitute additional violations of the rights of Nature. For example, BP’s involvement in the exploitation of the Athabasca Tar Sands in northern Alberta, Canada requires investigation in this regard. Other BP exploitations of hydrocarbons demand investigation. Therefore the Tribunal has decided to remain engaged in hearings about BP’s global hydrocarbon exploitations in its subsequent hearings.