Commentary: Dredgers on Land

Abstract

Holland’s glory has long had a maritime character. Navigators, explorers and admirals speak to the imagination of many. Today, their heroism is disputed. Critical observers point out that these so-called heroes were often indistinguishable from robbers and pirates. Dredgers like IHC Caland seem to fit well in this tradition of hard-boiled go-getters. They perform their activities in open sea or on the edge of the land, without much interest in legal or humanitarian considerations. This does not mean that they maintain no moral code, but it is a “business is business” and “a contract is a contract” morality. Following this narrow but uncomplicated moral attitude IHC Caland had no qualms about contracting for an offshore project with the Burma rogue state in 1998. During the 5 years extending from 1998 to 2003, IHC Caland hesitatingly but unmistakable changed its business strategy and expanded its definition of its moral domain. This outcome will leave many feeling satisfied. Still, the case raises at least three issues. (1) Is not the dredger’s initial defence really quite plausible? (2) Are there enforceable international standards? Is there a general consensus on the subject? and (3) Is the final result defensible in all respects? Each of these three questions will be commented upon in this commentary.