Global Environmental Principles

Here I provide an overview of key global environmental principles, their historical context, and their application with a focus on The Bahamas and the Caribbean region. This guide was written to support students in Environmental Policy in the Bahamas.

1. Common but Differentiated Obligations

Definition and Initial Use: This principle recognizes that all nations have a shared responsibility to address global environmental problems, but their obligations differ based on their respective contributions to the problems and their economic and technical capacities to respond. Its initial use emerged during the 1992 Earth Summit in Rio, primarily within the United Nations Framework Convention on Climate Change (UNFCCC). Developed countries, having historically contributed the most to greenhouse gas emissions, were assigned greater responsibility for emissions reduction and providing financial and technological support to developing nations.

  • International Example: The UNFCCC and its subsequent agreements like the  and the Paris Agreement are prime examples. The Paris Agreement, for instance, requires all countries to submit national climate action plans (Nationally Determined Contributions or NDCs), but it maintains the “common but differentiated” approach by allowing for different levels of ambition and support based on national circumstances. Look up the Kyoto Protocol. How does that exemplify this principle?

  • Caribbean Region Example: The Caribbean Community (CARICOM) and its member states, as part of the Alliance of Small Island States (AOSIS), consistently advocate for this principle in international climate negotiations. They argue that as small island developing states (SIDS), they should not bear the same burden as large industrialized nations in mitigating climate change, which they did little to cause but are most vulnerable to. Consider what makes Caribbean island nations more vulnerable to climate change?

  • The Bahamas Example: The Bahamas’ National Climate Change Policy and its NDCs reflect this principle. While The Bahamas has committed to reducing its own emissions, a significant portion of its climate strategy is focused on adaptation and building resilience to the impacts of climate change, with the expectation that developed nations will provide the necessary financial and technical support for these efforts. The Bahamas’ NDC, for instance, outlines its mitigation efforts but also emphasizes the need for international support to achieve its adaptation goals. Consider how this is related to the Bahamas’ History as a nation. When did The Bahamas first become independent? How have other countries affected the development of The Bahamas? How does Climate Change affect the Bahamas?

2. Global Commons

Definition and Initial Use: Global commons refers to resource domains or areas that fall outside the exclusive jurisdiction of any single nation. These areas belong to all of humanity and are to be shared and managed for the benefit of present and future generations. The concept’s initial use can be traced back to the 17th-century legal principle of res communis, which applied to the high seas. In the modern environmental context, the term gained prominence during the 1970s and 1980s, applying to the atmosphere, outer space, and Antarctica. Garrett Hardin’s Tragedy of the Commons (1968) is an essential text for understanding the philosophy of shared resource management.

  • International Example: The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982, established a legal framework for the use of the oceans and seas, defining the high seas as a global common. The Montreal Protocol (1987) on Substances that Deplete the Ozone Layer is another example, as it aimed to protect the ozone layer, a part of the global atmospheric commons.
  • Caribbean Region Example: The Caribbean Sea itself, as a shared resource, is managed through regional agreements and organizations. The Cartagena Convention (1983) and its protocols, for instance, are regional treaties that protect and manage the marine environment of the Wider Caribbean Region.
  • The Bahamas Example: As a nation with a vast ocean territory, The Bahamas is a steward of a significant portion of the global commons. The Bahamas National Marine Protected Area System, including large areas like the Exuma Cays Land and Sea Park, demonstrates a national commitment to protecting marine biodiversity. The Bahamas also participates in international efforts to combat illegal, unreported, and unregulated (IUU) fishing in its waters, which helps to preserve a global common resource.

3. Preventative and Precautionary Principles

Definition and Initial Use: These two principles are often used together, but they have distinct meanings. Though they both consider impacts before they happen, they have different levels of knowledge related to the potential for harm.

  • Preventative Principle: This principle states that it is better to prevent environmental damage from occurring than to try to fix it later. It applies when there is a known risk of harm. Its initial use can be found in national and international laws starting in the mid-20th century.
  • Precautionary Principle: This principle states that where there are threats of serious or irreversible damage to the environment, a lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation. It is applied when there is a risk, but the exact nature or extent of the harm is not yet fully known. It gained prominence at the 1992 Rio Conference.
  • International Example: The Basel Convention (1989) on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is a preventative measure. It aims to prevent the movement of hazardous waste from developed to developing countries. The Montreal Protocol on Substances that Deplete the Ozone Layer is also an example of the precautionary principle in action, as nations took action to phase out CFCs based on early scientific evidence before the full extent of the ozone hole was understood.
  • Caribbean Region Example: Many Caribbean nations, including those within CARICOM, have implemented strict environmental impact assessment (EIA) laws for major development projects. This is a preventative measure designed to identify and mitigate potential environmental damage before construction begins.
  • The Bahamas Example: The Bahamas’ environmental legislation, such as the Environmental Planning and Protection Act, incorporates both principles. The Environmental Impact Assessment (EIA) process is mandatory for all major developments, a clear preventative measure. The Act also empowers the government to halt a project if there is a threat of serious environmental harm, even if all scientific data is not yet available, which embodies the precautionary principle. This is particularly relevant given the country’s vulnerable coastal ecosystems.

4. Intergenerational and Intragenerational Equity

Definition and Initial Use: *inter means between two separate entities (e.g. international, intra- means within the same one.

  • Intergenerational Equity: This principle holds that the current generation has a moral obligation to future generations to ensure a healthy and diverse planet. It is a cornerstone of sustainable development. Its modern use can be traced to the 1987 Brundtland Commission Report, “Our Common Future,” which defined sustainable development as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

Wendell Berry in his book “The Unforeseen Wilderness: An Essay on Kentucky’s Red River Gorge” (1971) says: “We can learn about it from exceptional people of our own culture, and from other cultures less destructive than ours. I am speaking of the life of a man who knows that the world is not given by his fathers, but borrowed from his children; who has undertaken to cherish it and do it no damage, not because he is duty-bound, but because he loves the world and loves his children…”

  • Intragenerational Equity: This principle focuses on fairness and justice among people of the same generation. It asserts that environmental benefits and burdens should be distributed fairly among all people, regardless of their socioeconomic status, race, or nationality. It also gained prominence during the 1992 Earth Summit. Consider a large city upriver that flushes its waste into the water that a smaller village downstream uses for irrigation of their farms. Consider turtles, conch or grouper that travel hundreds of miles in the ocean when a portion of their lifecycle can be affected by development or overfishing, preventing other areas from receiving new individuals.
  • International Example: The concept of climate justice is a powerful example of both principles. It highlights that industrialized nations, which have historically benefited from fossil fuels, have an obligation to assist developing nations, which are disproportionately affected by climate change (intragenerational equity). It also emphasizes the responsibility of current generations to reduce emissions for the benefit of future generations (intergenerational equity).
  • Caribbean Region Example: In the Caribbean, the issue of intragenerational equity is particularly salient regarding the distribution of benefits and risks from tourism and coastal development. Many Caribbean governments have implemented policies to ensure that local communities benefit from tourism and are not displaced by large-scale projects, and that coastal communities are protected from climate change impacts. 
  • The Bahamas Example: The Bahamas’ commitment to marine conservation, with over 15% of its marine environment protected in Marine Protected Areas, is a clear example of intergenerational equity. The government has prioritized the preservation of fragile ecosystems like coral reefs and mangroves for future generations. Intragenerational equity is addressed through policies that require developers to contribute to community development funds and to provide employment for Bahamians, ensuring a fair distribution of the economic benefits of tourism and development. Consider the intragenerational and intergenerational impacts of the major tourism developments of Carnival’s Celebration Key on Grand Bahama and the Yntegra Sampson Cay development in Exuma.

5. Polluter Pays

Definition and Initial Use: This principle stipulates that those who cause environmental damage or pollution should bear the costs of managing it to prevent damage to human health or the environment. This includes the costs of pollution control and cleanup. The principle was first formally adopted by the Organisation for Economic Co-operation and Development (OECD) in 1972 as an economic guideline for environmental policy.

  • International Example: International laws on marine pollution, such as the International Convention for the Prevention of Pollution from Ships (MARPOL), often incorporate this principle by fining ships that discharge oil or other pollutants. The fines are meant to cover the costs of cleanup and restoration.
  • Caribbean Region Example: Several Caribbean nations have implemented legislation imposing fines on cruise lines or resorts that cause environmental damage. They may also require these entities to fund the cleanup of their pollution. They may also have laws that require the restoration of damaged forests, replanting of trees etc.
  • The Bahamas Example: The Bahamas’ Environmental Planning and Protection Act includes provisions that hold individuals and corporations financially responsible for any environmental damage they cause. This principle has been applied in cases involving oil spills from ships or construction activities that damage sensitive coastal environments. The legal framework requires the polluter to pay for remediation and any fines imposed. The Bahamas’ government also works to enforce international standards for shipping, with the goal of preventing pollution in its waters. Consider the commitments by the aforementioned developments to replant the trees they remove. Is it sufficient to simply plant the trees? Should the trees also survive as long as the development? How should they be monitored?