This idea that many of the most vital and valuable environmental resources form a "global common" forms a corner stone in the efforts to protect the natural resources from abuse and thus check ecological degradation and promote environmental sustainability.
An equally valuable concept in the global struggle to protect environmental assets within the borders of the state can be traced as far back as the Roman Emperor Justinian. The idea that was originally promoted by Justinian in order to maintain access to rivers and the like for his citizens has evolved into what is commonly known as the "Public Trust Doctrine".
Very simply stated the PTD guarantees unimpeded access for all citizens to rivers, beaches and other natural assets. The principle has been in effect enshrined by the Stockholm Declaration, the first United Nations Conference on Human Development in 1972:
"The natural resources of the earth, including the air, water, land flora and fauna and especially representative samples of natural system, must be safeguarded for the benefit of present and future generations through careful planning or management as appropriate".
PTD has been applied with varying degrees of success in numerous countries in Africa, Asia, Europe and the Americas. Environmental Law rests on this concept in its global struggle to prevent privatization of rivers and to keep public beaches open to all.
The Government of Lebanon has a duty to maintain and preserve the natural capital for the eventual enjoyment of the future generations. As such, the state has the responsibility to hold in trust these natural assets and must take all measures to prevent their abuse, destruction or privatization.
If this principle is to be upheld then we have no choice but to question the logic behind such major projects on the Lebanese shore as the Movenpick Hotel, the Edde Sands. The entire private beach clubs in Beirut and above all the supposed plan to construct an architectural monstrosity over the sea opposite to the St George Hotel.
In a private enterprise world, owners have the right to commission any architect that they choose and thus are free to complete any plans that they deem to be appropriate as long as such plans are not in violation of the applicable local zoning and ordinances.
Yes beauty is in the eye of the beholder and yes ownership has its privileges. But to allow a private company to build on property that is owned by the Lebanese people as a group in perpetuity is nothing short of a violation of the trust that the government is supposed to uphold. No one, not even the government, is allowed to profiteer by selling our natural legacy.
Those who are so cynical as to dismiss such concerns as being "peripheral" when the very foundation of the state is in peril need to be reminded time and again that environmentalism transcends politics and addresses the problematic that arises at the intersection of human activities and the natural world.
The future generations will not forgive us if we bequeath them an unhealthy and a sick natural world. If we fail to protect our natural legacy then that would be the height of arrogance, hubris and selfishness. Then we would have made some short term gains at the expense of the future and that is tantamount to a gross violation of intergenerational equity.
I am hopeful that no member of this cabinet will ever condone the "takings" of what is lawfully the common property of the present and future generations of the Lebanese people. And if for any reason the PTD is not adhered to then I hope that the Lebanese citizens will take the government to court over violating the trust that we are supposed to uphold for the future generations.
Ghassan Karam welcomes your correspondence at wp.karam@gmail.com
Tags: Beaches, Economy, Privatization, Public Trust
