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THE REVISED TREATY: A NEWFRAMEWORK FOR ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT IN THE CSME ZONE. By Mark D. Griffith, B.A (Hons.) Ph.D.; LLB (Hons.) LLM; MCIArb. OUTLINE. A NEW LEGAL ORDER CORE ENVIRONMENTAL PRINCIPLES AN INCOMPLETE LEGAL AND INSTITUTIONAL FRAMEWORK
Mark D. Griffith,
B.A (Hons.) Ph.D.; LLB (Hons.) LLM; MCIArb.
1. International Environmental Law
Sub-set: Caribbean Community Law
2. National Environmental Law
The Revised Treaty provides a new framework for Environment and Natural Resources Management in the CSME Zone.
What are the Principles of Environmental Law which underpins the RT which provide the basis for the development of a corpus of law called the Caribbean Community Environmental Law.
“by signing and ratifying the RT and conferring on the Court ipso facto a compulsory and exclusive jurisdiction to hear and determine disputes concerning the interpretation and application of the RT, the Member States transformed the erstwhile voluntary arrangements in CARICOM into a rule-based system, thus creating and accepting a regional system under the rule of law.. “
TCL v The Caribbean Community CCJ 2 (OJ)
“... the regional legal system brings with it legal certainty and protection of rights of states and individuals alike, but at the same time of necessity it creates legal accountability”.
TCL v The Caribbean Community  CCJ 4
“… a third dimension—the protection of human, animal and plant life or heath and the sustainable management and utilisation of the Community’s natural resources—can be carved out, incorporating elements from both the CIP and the CAP” Griffith and Oderson, 2009
“This dimension includes, but not limited to, environmental protection; natural resources management, including forests and oceans; land management and rural development; biodiversity and intellectual property elements of biodiversity; sustainable tourism development and a range of environmental measures including standards and technical regulations. It also includes the use of the general exceptions, by Member States, pursuant to Article 226.RT, to justify RT inconsistent measures, but only if such measures do not constitute arbitrary or unjustifiable discrimination between Member States where like conditions prevail, or a disguised restriction on trade within the Community. It also includes the range of environmental related activities, pursuant to Article 111.1.(d).RT, which could benefit from subsidies, under certain circumstances”. Griffith and Oderson, 2009
Caribbean Community Environmental Policy and Natural Resources Policy Framework
1.The Parties reaffirm that the objective of sustainable development is to be applied and integrated at every level of their economic partnership,…… especially the general commitment to reducing and eventually eradicating poverty in a way that is consistent with the objectives of sustainable development.
2.The Parties understand this objective to apply in the case of the present Economic Partnership Agreement as a commitment that:
(a) the application of this Agreement shall fully take into account the human, cultural, economic, social, health and environmental best interests of their respective population and of future generations;
(b) decision-taking methods embrace the fundamental principles of ownership, participation and dialogue.
3. As a result of Parties agree to work cooperatively towards the realization of a sustainable development centred on the human person, who is the main beneficiary of development.. [Emphasis added] Article 3.CARIFORUM/EU EPA
“…the effective management of the soil, air and all water resources, the exclusive economic zone and all other maritime areas under the national jurisdiction of the Member States,” Article 58.2.(a).RT
1.The policies of the Community shall be implemented in a manner that ensures the prudent and rational management of the resources of Member States. In particular, the Community shall promote measures to ensure:
(a) the preservation, protection and improvement of the quality of the environment;
(b) the protection of the life and health of humans, animals and plants;
(c) the adoption of initiatives at the Community level to address regional environmental problems. [Emphasis added].
LEGAL AND INSTITUTIONAL STRUCTURE INCOMPLETE
[legislative, administrative, executive and judicial powers and be supra-national in character, be independent and selected on the basis of competence, expertise and experience]
[regulations, directives and decisions]
When a dispute arises which requires clarification on the interpretation and application of the provisions of the RT, the Community has at its disposal, pursuant to Article 212.RT, a powerful mechanism, in the form of the “Advisory Opinion”; for which, the CCJ have exclusive jurisdiction to deliver, at the request of the Member States parties to a dispute or the Community. This mechanism can be used by the Community to propel the integration process forward. However, there seem to be a high degree of reluctance on the part of the Community to use this mechanism in the interests of the Community. Griffith and Oderson, 2009
TCL and TCL Guyana Inc. v The State of Co-operative Republic of Guyana  CCJ 1 (OJ) at .
Trinidad Cement Limited TCL Guyana Incorporated v The State of the Co-operative Republic of Guyana  CCJ 1 (OJ) at 
Trinidad Cement Limited and TCL Guyana Incorporated v The State of the Co-operative Republic of Guyana  CCJ 1 (OJ) at 
1. Parties agree not to encourage trade or foreign direct investment to enhance or maintain a competitive advantage by:
(a) lowering the level of protection by provided by domestic environmental and public health legislation;
(b) derogating from, or failing to apply such legislation.
2. The Parties and the Signatory CARIFORUM States commit to not adopting or applying regional or national trade or investment-related legislation or other related administrative measures as the case may be in a way which has the effect of frustrating measures intended to benefit, protect or conserve the environment or natural resources or to protect public health. [Emphasis added], Article 188.CARIFORUM/EU EPA which