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Counterpoint (not sure I believe in it myself, but worth thinking about): when France got liberated from Nazi occupation, companies that worked with Nazi German
by williamdclt 5y ago
Counterpoint (not sure I believe in it myself, but worth thinking about): when France got liberated from Nazi occupation, companies that worked with Nazi Germany _did_ get sanctioned even though it wasn't illegal at the time. See for example Renault that got nationalised. There's probably other examples that don't hit Godwin's law, but this is the one I know.
If there can't be any retroactive penalty, corporations will always be exploiting loopholes and grey zones. The law can only play catch-up. If we want to incentivise companies to consider environmental impact at the cost of their profit, this sort of sword of Damocles could be a tool. Again, not convinced of it myself, but something to consider.