a legal arsenal for the philippines oposa

7/28/2019 A Legal Arsenal for the Philippines Oposa

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A LEGAL ARSENALFOR THE PHILIPPINE

ENVIRONMENT

ANTONIO A. OPOSA, J R.

Publ i shed by

CENTRAL BOOK SUPPLY, INC.927 Quezon Avenue, Quezon C ity

P hilippines


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INTERNATIONAL

COMMITMENTS


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INTERNATIONAL COMMITMENTS

CHAPTER CONTENTS

C ONSTITUTIONAL P ROVISIONS ON I NTERNATIONAL L AW Interna t iona l E nvironmenta l P rinciples, 1074

I NTERNATIONAL E NVIRONMENTAL C OMMITMENTS OF THE P HILIPPINES G eneral Agreements, 1076

U N G eneral Assembly Resolution, 1076St ockholm Declara tion, 1077U N World Ch a rter on Na tur e, 1078U N Conference on E nvironment a nd D evelopment, 1079Agenda 21, 1079

T HE ATMOSPHERE Convention on th e P rotection of the Ozone La yer, 1081P rotocol on Substa nces tha t D eplete the Ozone La yer, 1081U N Fra mework Convention on C limate C ha nge, 1083Kyoto P rotocol to Clima te Ch a nge Convention, 1084St ockholm Convent ion on Persist ent Orga nic Polluta nts (POP s), 1085

T HE H YDROSPHERE Convention on the P revention of Ma rine P ollution, 1085U N Convention on th e Law of th e Sea, 1086

T HE B IOSPHERE Ma na gement a nd Conserva tion of Forests, 1090Convention for th e Pr otection of th e World Cultura l an d Na tur a l Herita ge, 1091Convention on In terna tiona l Tra de in Enda ngered Species, 1092Convention on the Conservation of Migratory Species of Wild Animals, 1094Convention on B iological D iversity, 1094ASE AN Agreement on the Conserva tion of Na tur e and Na tur a l Resources, 1095

E NVIRONMENTAL T HREATS Tra ns-bounda ry Movement s of Ha za rdous Wa stes, 1097Treat y B a nning Nuclea r Weapon Tests, 1099

Trans-boundary Movement of Radioactive Waste, 1100Convention on Civil Lia bility for Nuclear D a ma ge, 1100P rotocol 1 Addit iona l to th e Genera l Convent ion of August 12, 1949, 1102FAO Code of Conduct on t he Dist ribution a nd U se of P esticides, 1102The Agreement E sta blishing t he World Tra de Orga niza tion, 1104World Ba nk Operat iona l Directive on th e Environmenta l Assessment, 1105


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What w e do today, righ t now, w il l h ave an accum ul ated effect on al l of our t omor- rows. Alexandra Stoddard , auth or, int er ior d esigner an d ph il osopher of con- temporary l ivi ng . (A. Oposa, Picture of the boat Sail and Dive 1

during the 2007 Visayan Sea Expedition)

CHAPTER VIII : INTERNATIONAL COMMITMENTS

Constitutional Provisions on International Law

Art I I, Section 2

The Philippines renounces war as an instrument of national policy, adopts thegenera l ly accepted principles of internat iona l law a s part of the la nd a nd a dheres to thepolicy of pea ce, equity, justice, freedom, cooperat ion a nd a mity w ith a ll na tions.

Art. II, Section 7

The State shall pursue an independent foreign policy. In its relations with othersta tes , the par am ount considera t ion sha l l be nat iona l sovereignty, t err i torial integrity,national interest, and right to self-determination.

Art. VII, Section 21

No treaty or international agreement shall be valid and effective unless concurredin by at least t w o-third s of all Members of the Sena te.

1073


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1074

Art. VIII , Section 5

The Supreme C ourt sha ll ha ve the follow ing pow ers:2. Review , revise, modify, or affirm on appeal on cert iora ri, as th e law or the

Rules of Court ma y provide, fina l judgment s a nd orders of low er court s in:

a. All ca ses in which the const i tut ionali ty or val idi ty of any tr eaty, interna-tional (or executive) agreement, law, presidential decree, proclamation, order, in-stru ction, ordina nce, regula tion is in question. (P a rent hesis supplied)

I n t er n a t i o n a l E n v i r o n m en t a l P r i n c i p l es 1

1. P rinciples sha ping globa l environment a l a nd development instrument s

a. Right to Life an d a Healthy Environment

b. Sta te Sovereignty

c. Right to Development

d. Sust a ina ble Development

e. Common Heri ta ge of huma nkind

f. Common Concern

g. The Obligat ion not to Ca use Environmenta l Ha rm

h. Intergenera t iona l an d Int ra genera t iona l Eq uity

i. Common but Differentia ted Responsibilities

j. P recaut iona ry P rinciple

k. Dut y to Assess (En vironmenta l Im pact Assessment)

l. P rinciple of Subsidia rity

2. P rinciples Relat ing to Tra nsbounda ry En vironmenta l Disputes

a . P eaceful Resolution of Disputes

b. G ood Neighborliness a nd Duty to Cooperat e

c. The Dut y not to Ca use En vironmenta l Ha rm

d. St a te Responsibility

e. Duty to Notify a nd Consult

f . Environmenta l Impa ct Assessmentg. Eq uitable U ti l iza t ion of Sha red Resources

_______________________1 A complete e-copy of t he R evised C ode is a va ila ble a t h tt p://w ww .fa o.org/WAIC E NT/

FAOI NF O/AGR I CU LT/AGP /AGP P /P est icid/Cod e/P M_Cod e.ht m


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INTERNATIONAL ENVIRONMENTAL COMMITMENTSOF THE P HILIPP INES

1075

Eventu al ly w ell r eal ize th at i f we destroy th e ecosystem , we d stroy our selv es. J onas Salk, A m er i c a n p h ysi c i a n a n d m i c r o b i o l o g i st , 19 14 -9 5.

(Y. Lee)

h. Nondiscriminat ion of Environmental Ha rms

i. Eq ua l Right of Access to J ustice

3. P rinciples for Developing Na tional En vironmenta l La w s

a. Duty to Implement Effect ive Environmenta l Legislat ion

b. P olluter a nd U ser P ay s P rinciple

c. P ollution P revention

d. P ublic P ar t icipat ion

e. Access to In forma tion

4. P rinciples G overning Int ernat ional Inst i tut ions

a. Environmenta l Impa ct Assessment

b. Access to In forma tionc. P ublic P a rt icipat ion


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International Environmental Commitments of the Philippines 2

GENERAL AGREEMENTS

U N Gene r a l Assem b ly Reso lu t i on 1803

(On Permanent Sovereignty over Natural Resources)(D ecember 14, 1962)

Resolution 1803 w a s designed to bala nce a 1960s conflict of int erests . On th e oneha nd w a s th e issue of na tional sovereignty of developing count ries over th eir resources.On the other w a s the security sought by foreign investors. The resolution an sw ers theright of peoples and states to permanent sovereignty over their natural wealth andresources. This right is

subject to the nationaldevelopment and thewell-being of thepeople of the Stateconcerned. As provi-ded for in the resolu-tion, there is no limita-tion on th is right, if thebasis is environmentalmat te rs . In te rna t iona leconomic developmentis to be based uponrespect for the aid-reci-pients permanent so-vereignty over naturalwealth and resources.Violations of this rightare contrary to the UNcharter. In any case ofexpropriation, nationa-lization, or requisitionof property, whichmust be based upongrounds of public utility, national security, or national interest, appropriate compensa-t ion must be paid in a ccorda nce with internat iona l law .

Web Ref eren ce:

_______________________2 Amend ed by Sec. 1 of E.O. 175.

I t i s good to r eali ze that if love and peace can pr evail on ear th, an d if w e can teach our chi ld r en t o honor nat ur es gift s, the joys and beau ti es of th e outd oor s wi l l be here forever . J immy Carter

(T. Cayton)


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S t oc k h o l m D ec l a r a t i o n o f t h e U n i t e d N a t i o n s C on f er en c e o n t h e H u m a n E n v i - r o n m en t ( J u n e 1 6, 1 97 2)

In General

Pursuant to UN General Assembly Resolution 2389 (XXIII) of December 3, 1968,the U N C onference on t he Huma n E nvironment (UNCH E) wa s held in St ockholm fromJ une 5 t o 16, 1972.

Declaration of Principles and Action Plan

The Conference adopted a Declaration of Principles for the Preservation and En-hancement of the Human Environment and an action plan consisting of 109 recommen-dations for environmental act ion atthe international level. The

Declaration of Principles is based ona draft declarat ion prepared by thePreparatory Committee for theConference. It is a compromisebetween those delegates whobelieved that the declaration shouldserve primarily to stimulate publicawareness of, and concern over,environmental issues, and those de-legates who insisted that thedeclaration should provide specificguidelines for future environmentalan d intergovernmental a ct ion.

Principle 21

On the issue of transfrontierpollution, Principles 21 and 22 arethe most significant. Principle 21affirms the responsibility of states toensure that act ivi t ies w ithin their jurisdict ion do not cause dam age in a nother s ta te orbeyond na tiona l jurisdiction, such a s in outer spa ce or on th e high seas. This responsi-bility extends also to activities under a states control, such as those carried out by itsna tionals or by or on ships registered in its territ ory.

Principle 22

Principle 22 requires states to cooperate in developing international environ-menta l law .

Web R eference: ht tp: //w w w .un ep.org/dpd l/La w /P D F /S t ockh olm_D ecla ra ti on.pdf

I t i s horr ifyin g that w e have to f ight our own government to save the environment. AnselAdams


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I never w as on t he dul l, ta me shor e, Bu t I loved t he great sea m ore and m ore. Barry Cornwall, Th e Sea

(A. Oposa, School of the Seas)

U N G en er a l A ssem b l y R eso l u t i o n on a Wor l d C h a r t er o n N a t u r e (October 28, 1982)

Principles

The World C ha rter for Na tur e (Ch a rt er) cont a ins guiding principles, as follow s: (1)respect for nature, (2) safeguarding of habitats necessary to maintain sufficient popula-tion levels for th e surviva l of all life forms, (3) protection of unique a reas , represent a tivesa mples of a ll ecosyst ems, an d of ha bita ts of rar e or enda ngered species, an d (4) utiliza -t ion of mans environment so as to maintain optimal sustainabil i ty productivi ty whilemaintaining the integrity of all ecosystems and species. The Charter seeks to find im-plementa tion of the principles thr ough nat iona l legislat ion an d interna tiona l pra ctice.

To realize th e principles, t he char ter sets out severa l specific requirement s, includ-ing (a) ta king a ccount, dur ing t he plan ning st a ges, of the effect of economic developmentof natural resources, and (b) controlling activities which risk harming nature by usingbest ava ilable technologies, a voiding discha rging polluta nt s. To implement the Cha r-ter s objectives, states are mandated to disseminate information on nature which en-courage public consultation and participation in all planning decisions, provide fundingfor the conservation of nature, and make available remedies for harm to a personsenvironment.

Web Ref eren ce: < ht t p://w w w .un.org /docum ent s/ga /res /37/a 37r007.ht m >


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U n i t e d N a t i o n s Co n f er en c e on E n v i r o n m en t a n d D ev el o p m en t

D ec l a r a t i o n on E n v i r o n m en t a n d D ev el o p m en t (J une 3-14, 1992, Rio de J a neiro)

Sustainable Development

Adopted in 1992, th e Rio Decla ra tion focuses on sust a ina ble development. Theterm means mans ent i t lement to a heal thy and productive l i fe in harmony with na-ture. Furthermore, i t m eans th at the r ight to development is tempered by th e integra-tion of environmental protection into the development process. It also envisages theeradication of poverty. Consequently, adoption of the concept of sustainable develop-ment means that countries must bear a common but differentiated responsibility. Theconcept also underscores the participation of indigenous peoples in the development

process.

Environment and Development

Like the Stockholm Declaration, the Rio Declaration recognizes and expands uponthe relationship between the international economic order and environmental degrada-tion. The special needs of developing countries are recognized and are given priority.All countries interests should be addressed by international efforts in matters concern-ing environment and development. The declaration encourages an open internationaleconomic system where trade restrictions for environmental purposes do not constitutea means of arbitrary or unjustifiable discrimination or a disguised restriction on inter-nat ional t rade.

Web Refer ence:

Agenda 21Cha pters 38 and 39(J une 16, 1992, Rio de J a neiro)

Objectives

Agenda 21 was adopted at the United Nations Conference on Environment andDevelopment (UNCED). It aims to set the direction for policymakers on a vast array ofenvironment a nd development issues into th e next millennium . Inst itut iona l a nd lega lma tt ers ar e importa nt concerns of Agenda 21.

Chapter 38

Cha pter 38 of Agenda 21 enti t led Int ernat ional I nst i tut iona l Arra ngements aimsto integrate environment and development issues into all levels of national and interna-t iona l arra ngements. P ar t icular emphasis is placed on mobil izing the U N system. I t is


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proposed that the UN General Assembly, with the assistance of the Economic and So-cial Council (ECOSOC) should regularly review and appraise the implementation of

Agenda 21. Two suggestions are made to enhance and rationalize intergovernmentaldecision-making capacity: the creation of a Commission on Sustainable Development toreport to the General Assembly on matters of substance and coordination (the latter tobe done through ECOSOC); or a revital izat ion of ECOSOC with ei ther a subsidiarymechanism or the full utilizat ion of its n ew high level an d coordina tion segments.

Other suggestions include a strong leadership role for the UN Secretary General,provisions of coordinat ion fun ctions by the Administr a tive Commit tee on Coordina tion,a nd t he crea tion of a high-level a dvisory boa rd composed of experts. It is suggested th a tthe role of the U nited Na tions E nvironmenta l P rogramme (UNEP ) be enhanced in sev-eral priority areas, including developing international environmental law, promotingenvironmental matters throughout the UN system, promoting internat ional coopera-

tion; promoting widest possible use of environmental impact assessments, facilitatinginformation exchange, providing technical, legal, and institutional advice, and support-ing the integration of environment with development policies. The role of the UnitedNations Development Programmes (UNDP) role, following UNCED, should be to mobi-lize donor resources for capacity building in recipient countries, assist recipients incoordinating activities for the follow-up of UNCED, and assist in mobilizing domesticfinancial resources. Other UN bodies also have environmental mandates, includingU NCTAD, th e U N Suda no-Sa helian Office, and r egiona l economic comm issions. It issuggested tha t th e UN sy stem be of a ssis tance to s ta tes in the nat iona l implementa t ionof Agenda 21, both in the coherent integration of environment and development con-cerns a nd in the prepara tion of nat iona l report s. E nha nced cooperat ion an d coordina -t ion betw een U N bodies an d w ith interna t iona l f inancial organizat ions a re encoura ged,

as is part icipa t ion of nongovernmental orga nizat ions in the review an d evalua t ion of theimplement a tion of Agenda 21.

Chapter 39

Cha pter 39, ent i t led Interna t iona l Legal Instrum ents an d Mecha nisms, suggeststhat international environmental law should be reviewed and developed so as to pro-mote the efficacy of that law and the integration of environment and developmentpolicies. In pa rticular , such efforts sh ould a chieve the follow ing: ad dress difficultiesstates face in implementing international agreements, set priorities for future law-ma king, develop mult i latera l environmental s t an da rds w hich can coexist w ith interna -tional trade rules, improve effectiveness of institutions, and prevent actual or potential

conflicts betw een environm enta l a nd socia l/economic agr eements. St a tes sh ould su pportthe effective par ticipation of all count ries in t he process by providing a ppropriat e tech-nica l and f inancial a ssis tance. The G enera l Assembly a nd th e Interna t iona l Committeeof the Red Cross are suggested as the appropriate fora for considering the means toprevent wilfully caused large-scale destruction of the environment in times of war,which cannot be just if ied under internat ional law. I t is suggested that at tent ion be


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THE ATMOSP HE RE

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paid to th e possibility of sett ing differentia l obligat ions t o reflect differing capa cities ofsta tes to implement agr eements. I t is further tha t s t at es consider m aking dispute pre-

vention and sett lement more effective by crea ting m echa nisms for informa tion exchan geon ma tt ers tha t m ay give r ise to disputes and by including w ithin a greements cla usesproviding for the effective peaceful settlement of disputes.

Web Reference:

ht tp: //w w w .un .org/esa /sus td ev/docum ent s/a gen da 21/engli sh /a gend a 21cha pt er38.h tm

ht tp: //w w w .un .org/esa /sus td ev/docum ent s/a gen da 21/engli sh /a gend a 21cha pt er39.h tm

ht tp: //w w w .un .org/esa /sus td ev/docum ent s/a gend a 21/englis h/a gend a 21toc.ht m

THE ATMOSPHERE

C on v e n t i o n o n t h e P r o t ec t i o n o f t h e O z on e L a y er (Ma rch 22, 1985, Vienn a )

The Vienna Convention on the Protection of the Ozone Layer was negotiated un-der the auspices of the UNEP. I t a ims to protect humans and environment from theha rmful effects of activities wh ich modify the ozone lay er. To a chieve this goa l, theconvention requires parties to cooperate, according to their means, in research andlegisla t ive measures and to formula te s ta nda rds, procedures and measures in t he formof protocols and annexes. Parties are also required to facilitate the exchange of relevantscientific, technica l, socioeconomic, comm ercial, a nd legal informa tion. Anoth er obliga -tion is to facilita te the exchange of technology subject to a pplicable nat iona l la w . P a r-ties are required to report on the measures taken to implement the convention and

protocols.Web Ref eren ce: < ht t p://w w w .unep. ch/ozone/vc-t ext .sh tml >

P r o t o c ol o n S u b st a n c e s t h a t D e p l et e t h e O zo n e L a y er (Sept ember 16, 1987, Mont rea l) 3

In General

The Montreal Protocol was agreed upon by the parties to the Vienna Conventionfor t he P rotection of the Ozone La yer. The protocol sets forth a timet a ble for t he reduc-tion of controlled substances which deplete the ozone layer and which have adverseeffects on huma n health a nd the environment . The Convention esta blishes a formulafor determining calculated levels of consumption and production of controlled sub-sta nces based on the ozone depleting potentia l of ea ch substa nce.



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Th ats hu man natu re. N obody does anyth in g unti l i t 's too late. Michael Crichton, Prey

Formula

P ar t ies must ensure tha t in t he year beginning seven months a f ter entry into forceof the protocol, calculated levels of consumption and production of controlled substanceslisted as group I in annex A do not exceed the calculated levels for that party in 1986.Levels of production ma y increa se by 10 percent over the 1986 bas e if necessar y t o sat -isfy basic domestic needs or for transfer of a portion of one partys production to an-other, in order to satisfy basic domestic needs or achieve industrial rationalization.The same provisions applyto controlled substanceslisted as group II of annexA in the year beginningthir ty-six months af t er theprotocol enters into force.

The protocol establishesother specific time limits.Special provision exists forpart ies with very low lev-els of production and con-sumption in 1986, and thespecial needs of developingcountries are addressed byundertakings to provideaccess to environmentallysafe al ternat ive sub-stances and f inancial aidfor alternative technology.Under specific cir-cumstances, developing countries are also given an additional ten years to meet reduc-tion goals.

Requirements

Part ies are required to ban the import from and the export to s tates not party tothe protocol of controlled substances and to discourage the export of technology for pro-ducing a nd utilizing cont rolled substa nces to non-pa rties. P a rties are further requiredto cooperat e in resea rch, tr a nsfer of technology, a nd exchange of informa tion.

Miscellaneous

P a rt ies must report to the Secretar ia t on production a nd consumpt ion of cont rolledsubstances.

Web Reference:

< ht tp: //w w w .un ep.org/ozone/Mont rea l-P rot ocol/Mont rea l-P rot ocol2000.sht ml >


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Tr ue wi sdom consists in not depar ti ng from n atur e and in moldi ng our condu ct accord in g to her law s and model. Seneca , a n c i e n t R om a n w r i t e r

(Y. Lee)

U N F r a m ew o r k C on v en t i on on C l i m a t e C h a n g e (Ma y 9, 1992, New York)

Objectives

The ultimate objective of the UN Framework Convention on climate change is thestabilization of greenhouse gas concentrations in the atmosphere at a level that would

prevent dangerous anthropo-genic interference with the cli-mate system. The conventionrequires all parties, in accor-dance with the differentiatedresponsibilities and capabilities,to (1) formulate and implement

program which mit igate theadverse effects of climate changean d faci li ta te ada pta t ion to i t ; (2)promote and cooperate in devel-oping of greenhouse gases; (3)promote sustainable manage-ment and conservation of sinksand reservoirs of all greenhousegases; and (4) take account ofclimate change in social, eco-nomic, and environmental pro-grams.

Specific Requirements

Specifically, developedcountry parties and countries ofCent ra l and Eas tern Europe arerequired to take measures to

limit th eir greenhouse gas emissions, with t he a im of return ing individua lly or jointly t otheir 1990 levels by the end of the decade (year 2000), and enhance their sinks andreservoirs. The conference of the parties is to review the adequacy of this last require-ment at its first session with a view to amending it as appropriate. Developed countrypart ies , not including part ies from C entral a nd E a stern Eur ope, ar e required t o t ransfer

new and additional financial resources to assist developing country parties in meetingthe compliance costs of the requirements of the convention. These developed countryparties are also required to assist developing country parties which are particularlyvulnerable to the adverse effects of climate change in meeting the adaptation cost tothose circumstances. These parties are further required to take all practical steps totra nsfer environmenta lly sound technology t o developing count ry pa rties.


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In fulf i l l ing their obligat ions, part ies from Central and Eastern Europe aregranted flexibility and the convention states that developing country parties will im-

plement their obligations in accordance with the extent to which developed countrypar ties ha ve fulfilled their commit ments t o tr a nsfer fina ncial resources and t echnology.

Web Refer ence: < ht t p://un fccc.in t /not _a ss ign ed/b/it ems/1417.php >

K y o t o P r o t o c ol t o C l i m a t e C h a n g e Co n v en t i o n (11 D ecember 1997)

The P rotocol commit ted t he indust ria lized n a tions t o specified, lega lly binding re-ductions in emissions of six greenhouse gases. The P rotocol stat es tha t t hese industr i-alized countries are committed individually or jointly to ensuring that their aggregateanthropogenic carbon dioxide equivalent emissions of greenhouse gases do not exceedamounts assigned to each country, with a view of reducing their overall emissions ofsuch ga ses by a t lea st 5% below 1990 levels in th e commit ment period 2008-2012. Thesix gases covered by the Protocol are carbon dioxide, methane, nitrous oxide, hydro-fluoroca rbons (H FC s), perfluoroca rbons (P FC s), an d sulphur hexa fluoride (SF 6). Themost prominent of these and the most pervasive in human economic activity is carbondioxide, produced wh en w ood or fossil fuels such a s oil, coal, ga s a re burn ed.

The Protocol does call on all Partiesdeveloped and developing countries aliketotake a number of steps to formulate national and regional programs to improve localemission factors, activity data, models, and national inventories of greenhouse gas

We have nowh er e el se to go... th i s is al l w e ha ve. Margaret Mead(A. Oposa)


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emissions a nd sinks tha t remove these gases from t he atm osphere. All Pa rt ies are alsocommitted to formulate, publish, and update cl imate change mit igat ion and adaption

measures, and to cooperate in the promotion and transfer of environmentally-soundtechnologies and in scientific and t echnical resea rch on th e clima te syst em.

S t oc k h o l m C on v en t i o n o n P er si s t en t O r g a n i c P o l l u t a n t s ( P O P s) (22 Ma y 2001, St ockholm, S w eden)

The Convention bans outright 8 pesticidesaldrin, endrin, dieldrin, chordane,heptachlor, hexaclorobenzene, miresx and taxaphene. These chemicals are widely ac-knowledged to be hazardous to human health and the environment, because of theirtoxicity, beca use they resist degra da tion an d th us persist for decades or longer, beca usethey became concentrated in living tissue, and because they are transported globally atatmospheric and oceanic currents, and other transport modes. The treaty also immedi-

ately prohibits PCB (polycholorinated biphenyl) production and mandates a phase-outof ongoing uses overtime. With a goa l of complete P CB pha seout by 2025, the tr eatycalls on countries to make determined efforts to remove from use all PCB-containingelectrical transformers and other equipment.

It a lso esta blishes a long-term goal of eliminat ing D DT (dicholordiphenyl t ricloro-etha ne) use but permits public health exceptions for its use in m osquito contr ol to fightma lar ia . Developing count ries w ithout alt erna tives w ill cont inue to use DD T a ga instma laria , unti l effect ive and a ffordable al terna t ives are ava i lable to them.

The objective of the Convention is to eliminate or severely restrict production anduse of this group of pesticides and industrial chemicals and ensure environmentallysound ma na gement a nd chemica l t ransforma tion of POP s wa ste. I t a lso seeks to pre-vent the mergence of new chemica ls with P OP s-like char a cteristics. This preca utiona ryapproach involves the establishment of a scientific POPs Review Committee to evalu-ate additional chemicals based on the criteria of toxicity, persistence, bioaccumula-tion, and long-ra nge tra nsport for inclusion into the tr eat y.

Web Refer ence: < ht tp: //w w w .pops.int />

THE HYDROSPHERE

T h e H y d r o sp h e r e C on v en t i o n o n t h e P r ev en t i o n o f M a r i n e P ol l u t i o n b y D u m p - i n g of Wa st e s a n d O t h er M a t t er (December 19, 1972, London)

Requirements for Dumping

The London Convention on the Prevention of Marine Pollution by Dumping ofWastes and Other Matter: (1) prohibits the dumping of wastes and other matter listedin annex I of the Convention, (2) requires a specific permit for dumping wastes andother matter l is ted in annex III . Wastes and other matter is defined broadly as anytype of material of substance. The rules do not restrict a party from prohibiting dump-


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Th e oceans ar e in tr ouble; the coasts ar e i n t r ouble; our m ar in e r esour ces are i n t r oubl e. Th ese ar e not cha l l enges w e can sweep asid e. J ames Watkins ,A d m i r a l , U S N a v y ( R et .) ; h e a d o f U S C o m m i ssi o n o n O c ea n P o l i c y

(A. Oposa)

ing of any matter not included in annex I . Permits are subject to grants by nat ionalauthori t ies in respect of al l matter intended to be dumped that is loaded in a partys

territory and, if loaded in the territory of a non-party, in respect of vessels flying itsflag. Parties also undertake to develop rules governing liability and dispute settlement.Exceptions to the Conventions obligations are permitted for dumping in cases of ex-treme r isk to huma n l i fe, ships or aircraft a nd w here no a l ternat ive other tha n dumpingis apparent. In addition, the Convention does not apply to disposal of material in thenormal operat ion of aircrafts , ships or other manmade structures or to materials dis-posed in t he cours e of exploitin g sea bed resources.

This will be replaced by the 1996 Protocol 30 days upon ratification by 26 coun-tries, 15 of whom should be parties to the 1972 treaty. It provides a major change inregulating the use of the sea as a place for waste materials. It also introduces the con-cept of preca utiona ry a pproa ch with rega rds to wa stes being dumped into the sea .

Web Reference:ht tp: //w w w .im o.org /C onven tion s/conten ts .a sp?topic_id= 258&doc_id= 681#8

U n i t e d N a t i o n s C on v en t i o n o n t h e L a w of t h e S ea (D ecember 10, 1982, Mont ego Ba y)


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Objective

The 1982 UN Convention on the Law of the Sea (UNCLOS or Convention), nego-tiated under the auspices of the Third United Nations Conference on the Law of theSea, aims to establish a comprehensive legal regime to govern activities in relation tothe w orlds seas a nd ocean s.

Rights of Innocent Passage and Regulations on Pollution

The Convention affirms the right of innocent passage in territorial waters, subjectto certain limitations: passage loses its innocence if a foreign vessel engages in act ofwillful and serious pollution contrary to Convention, and coastal states are entitled toa dopt necessary la w s relat ing to innocent pa ssa ge for th e purpose of the conserva tion ofmarine living resources and the protection of its marine environment. The Conventionfurther provides that ships in passage must comply with internal regulat ions for thecontrol of pollution. The Convention permits states bordering straits and archipelagicsea lan es to ma ke law s to protect th e environment a ga inst pollution.

Access to Natural Resources and the EE Z

The Convention establishes a regime of access to natural resources depending onw here an a ctivity ta kes pla ce: w ithin a sta tes exclusive economic zone (EE Z) or on th ehigh seas. In so doing, the Convention confers rights and duties upon states which re-f lect a bala nce between the interests of coa sta l s ta tes an d others , including f lag st at es ,landlocked states and developing states.

EE Zs are a reas of up to two hundred na utical miles from a sta tes shore in w hichsta tes a re given th e sovereign right to explore, exploit, conserve an d ma na ge all na tur a l

resources as w ell as t he exclusive right t o determine the t otal a llow a ble ca tch (TAC) ofliving resources. If a state is unable to harvest its TAC, other states are to be grantedaccess by agreement to those resources, subject to the conservation measures enactedby the coa sta l s ta te . If a s t ock occurs w ithin the EE Z of tw o sta tes or w ithin an EE Z andar eas beyond, then the coast al a nd f ishing sta tes a re required to a gree on t he necessaryconserva tion and development measu res. In th e case of highly migrat ory species, th ecoastal and fishing states are to cooperate on measures to achieve their optimum utili-zat ion. With respect to ma rine mam ma ls, coast al s ta tes ar e permit t ed to regulat e theirexploitation more strictly than required under the Convention. The Convention givescoastal states the responsibility for the conservation of anadromous species in whosewa ters they origina te a nd for the ma na gement of cata dromous species w hich spend thegreater part of their life cycle in their waters. Landlocked and geographically disad-

van ta ged sta tes ar e granted r ights to access to the surplus wit hin an EE Z on a n equi-table basis through bi lateral and mult i lateral agreements, except where a coastalstates economy is overwhelmingly dependent upon the exploitation of the resources.Coastal states are empowered to enforce compliance of its rules enacted in conformitywith the Convention by inspection, arrest and judicial proceedings against vessels andtheir crews.


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The High Seas

On the high seas, the Convention entitles all states not only to fish subject totreaty obligat ion and certain r ights , duties and interests of coastal s tates , but alsoplaces on all states a duty to conserve living resources. The Convention requires allparties to cooperate in conservation and management measures of living resources onthe high seas, and f ishing states , in part icular, are required to enter into negotiat ionson these measures. The Convention outlines th e measur es sta tes a re required to ta ke indetermining the allowable catch and establishing other conservation measures for liv-ing resources on th e high sea s.

States bordering a semi-enclosed sea are encouraged to cooperate by coordinatingtheir management, conservation, exploration, and exploitation of living resources, theirprotection and preservation of the marine environment, and their pursuit of scientificresea rch policies.

Exploitation of Seabed and Ocean Floors and the International Seabed Au-thority

The Convention creates a regime which regulates the exploitation of the seabedand ocean floor beyond the limits of national jurisdiction. The underlying principlegoverning exploitation is that the area and its resources are the common heritage ofmankind, which in this context entails the following: no state can exercise sovereigntyover the area and all rights in the resources are vested in all of mankind; general con-duct in the area must conform with the charter of the United Nations; al l act ivi t ies inthe area are to be conducted for the benefit of mankind, with their benefits equitablyshared in the manner set out by the International Sea-Bed Authority (The Authority);and all activities are to be carried out solely for peaceful purposes. Both the Authorityand individual s tates are permit ted to engage in scientif ic research in the area forpeaceful purposes an d a re required t o operat e in promoting th e tra nsfer of technology t odeveloping sta tes. The Authority is required t o adopt r ules wh ich w ill prevent, contr ol,and reduce pollution, conserve the natural resources of the area, and protect the floraand fauna of the marine environment. The Convention outlines the policies relating toa ctivities in the a rea , th e underlying objectives being the fostering of the follow ing: thehealthy development of the world economy, the balanced growth of international trade,and increased cooperation for the development of all states, in particular developingstates. The Convention provides the Authority with an active mandate to promotegrowth, efficiency and stability of commodities produced from materials derived fromthe area. A review conference is provided for, to occur fifteen years after the Conven-tions entry into force, which will ensure the maintenance of the principle of commonheritage of mankind, the international regime designed to ensure equitable exploitationof the resources of th e ar ea for t he benefit of a ll count ries, especially developing sta tes.


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A n ati on th at d estroys it s soil s destroys it self .Forests are the lun gs of our lan d, pur ifyi ng th e air and givin g fresh strength t o our people. Franklin Delano Roosevelt

(A. Oposa)

Protection and Preservation

Part XII of the Convention provides for the protection and preservation of the ma-rine environment. States are required to protect and preserve the marine environmentand their right to exploit their natural resources must be exercised in accordance withthis obligat ion. St a tes are required to ta ke mea sures to prevent, reduce, a nd controlpollution of the marine environment and must ensure that activities under their juris-diction or control do not cause pollution in areas outside where they exercise sovereignrights .

Notification, Monitoring, andAssessment

When a state becomes aware of

imminent danger to the environ-ment, it is required to promptlynotify any other s tate which i t con-siders may be affected and any com-petent internat ional organizat ion.The Convention also requires statesto carry out environmental monitor-ing and a ssessment.

Assistance to Developing States

States are required to promote

and provide scientific and technicalassistance to developing states inrespect of environmental matters.Developing states are also to benefitfrom preferences by internationalorganizations for funds and servicesfor the purpose of prevention, reduc-tion and control of pollution.

UNCLOS Requirements

The Convention requires statesto adopt laws and regulat ions to

prevent, reduce, and control pollu-tion from th e follow ing sources: lan dbas ed sources, sea bed activities, a cti-vities in the area; dumping; vessels;an d from or through the a tmosphere.The Conventions specific requirements differ according to the source of pollution, with


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some involving individual state action and others involving international coordination,with some cal l ing for compliance with exist ing internat ional s tandards and others re-

quir ing those standa rds only to be ta ken int o account .

Other Requirements

In addition, the Convention requires enforcement of the laws and regulationsadopted by parties in relation to pollution from land based sources from seabed activi-ties; from activities in the area; from dumping; and from or through the atmosphere.Detailed rules are provided for the institution of proceedings by flag states; port states;an d coa sta l s tat es . The Convention a lso provides safeguards a gainst a buses of s tat eenforcement powers.

Web Reference:

ht tp ://w w w .un .org /Depts /los/convent ion_agreem ent s/conven t ion_overview _conven tion.h tm

THE BIOSPHERE

P r i n c i p l es f o r a G l o b a l C on s en s u s on t h e M a n a g em e n t , C on s er v a t i o n , a n d S u s - t a i n a b l e D ev el o p m en t o f A l l Ty p es of F o r est s (J une 13, 1992, Rio de J a neiro)

Objectives

The non-legally binding authoritative statement of principles for a global consen-sus on the management, conservation, and sustainable development of all types of for-ests, adopted at the United Nations Conference on Environment and Development(U NCE D) an d w hich a pplies to all forests, a ims t o (1) relat e the subject of forests t o theentire range of environmental and development issues and (2) have forestry issues ex-am ined in a balanced ma nner w ithin the overa l l context of both the environment a nddevelopment. The principles call for efforts to be undertaken towards greening theworld and towards maintaining and increasing forest cover and productivity in ecologi-cally and economically sound ways.

Forest Management

The principles affirm that states have the sovereign and inalienable right to util-ize, manage, and develop their forests in accordance with their development needs andin a mann er consistent with susta inable development. They state tha t susta inableeconomic, trade, and development policies and international aid should be integratedwith forest conservation. Governments should promote and provide opportunities forthe participation of interested parties in the development, implementation, and plan-ning of national forest policies. States should, in addition, duly support the culture andright s of indigenous peoples a nd forest d w ellers.


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Sustained and Environmentally Sound Development

The principles encourage the promotion of a supportive international economicclima te conducive to susta ined an d environmenta lly sound development of forests in a llcountries. The costs of forest conservation and sustainable development should beshared equitably by the international community. In particular, developing countriesshould receive new and additional financial resources to enable them to sustainablymanage, conserve, and develop their forest resources. Agreed rules that are non-discriminatory and consistent with internat ional law should govern trade in al l forestproducts a nd unila tera l measur es to restrict a nd/or ban int erna tional tr a de in forestproducts should be removed or avoided.

The principles deem essential national, international, and regional institutionalcapabilities to the conservation and sustaintable development of forests and call forsuch ca pabilities to be strengthened.

Web Ref eren ce: h t t p://w w w .un.org /docum ent s/ga /conf151/a conf15126-3a nn ex3.h t m

C on v en t i on f o r t h e P r ot ec t i on of t h e Wor l d C u l t u r a l a n d N a t u r a l H e r i t a g e (17 October t o 21 November 1972, P a ris)

In General

The Convention for t he P rotect ion of the World Cult ura l and Nat ura l Heri ta ge wa sadopted under the auspices of United Nations Educational , Scientif ic and CulturalOrganiza t ion (U NES CO). I t a pplies to cultura l heri tage and na tura l herita ge whichis of outst a nding un iversal va lue from several points of view . The Convention placesthe primary duty upon ea ch sta te part y t o do al l i t can to identify, protect , present , a ndtra nsmit th e natura l and cultural heri ta ge to future generat ions. Ea ch pa rty is requiredto endeavor to include in its planning the protection of their cultural and natural heri-tage and to take appropriate measures to protect , conserve and rehabil i tate this heri-tage. The Convention further places on the international community as a whole theduty to cooperat e in th e protection of such herita ge, and, a ccordingly, part ies underta keto provide ass ista nce in t he identifica tion, protection, conserva tion, an d preserva tion ofcultura l and na tura l heri ta ge when so requested.

The World Heritage Committee

The Convention establishes the World Heritage Committee within UNESCO, com-posed of a limited number of experts elected by the parties meeting in General Assem-bly. On the basis of information submitted by parties, the definitions of cultural andnatural heritage and its own criteria, the committee is to establish two lists: the WorldHerit a ge List and t he List of World H erita ge in Da nger. The Committ ee receives re-


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quests for interna tiona l assist a nce from part ies for the protection, conserva tion, presen-tat ion or rehabil i tat ion of their cul tural and natural heri tage, and decides on how the

World Heritage Fund is to disburse funds. The Convention sets out the forms of inter-na t iona l a ssis tance which the Committee may provide and outl ines the condit ions a nda rra ngements for such a ssistance.

The World Heritage Fund

The World Herit a ge Fun d is composed of compulsory a nd volunt a ry contr ibutionsfrom par ties an d of oth er monies collected thr ough fund-ra ising. The compulsory con-tr ibutions are on a uniform basis as determined by a majori ty of part ies present andvoting at a General Assembly of the parties. The determination is subject to the rightsof parties to declare, when depositing their instruments of ratification, acceptance oraccession, that they are not bound by the provision of the Convention governing com-

pulsory contributions, in which case they should still make regular contributions inamounts not less than whattheir compulsory contributionw ould ha ve been. Non-pay mentof compulsory or voluntary con-tr ibutions disqualif ies a partyfrom being a member of theCommittee.

There are five area s in thePhil ippines that have beendeclared among the World He-ritage sites. These include the

Baroque Churches of the Phi-lippines (1993); the TubbatahaReef Marine Park (1993); theRice Terraces of the PhilippineCordilleras (1995); the Historictown of Vigan (1999); and, thePuerto-Princesa SubterraneanRiver Na tional P a rk (1999).

Web Refer ence: ht tp: //w hc.un esco.org /w orld_he.ht m

C on v en t i on o n I n t e r n a t i o n a l Tr a d e i n E n d a n g er ed S p ec i es o f Wi l d F l o r a a n d F a u n a (Ma rch 3, 1973, Wa shin gt on)

In General

The Convention on International Trade in Endangered Species of Wild Fauna andFlora (CITES) is premised on the view that the control or elimination of internationalmarkets will contribute to the preservation of endangered species. It classifies species

To know tha t even one l if e ha s breathed easier becau se you have li ved, t ha t i s to have succeeded. Ralph WaldoEmerson


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by reference to their endangered status: those in appendix I are the most endangeredand subject to the strictest trade regulation; those in appendix II are not currently en-

dangered, but are at the risk of becoming so if unregulated trade continues; and thosein appendix III are subject to control by national authorities so as to prevent and re-strict t heir exploita tion.

System of Trade Permits

Trade in listed species is subject to a system of import and export permits that islinked to input from scientific authorities and is supervised by national managementauthorities. Trade in species listed in appendix I is highly restricted and will only bepermitted if (a) the Scientific Authority in the exporting country has determined thatthe export is not detrimental to the survival of the species and (b) the ManagementAuthority of the importing

s ta te i s sa t i s f ied tha t theimport is not primarily forcommercial purposes. Therules are less strict for tradein species listed in appendi-ces II and III . Trade withnon-parties is permissible solong as documentation com-parable to the Conventionsrequirements is produced.The Conventions restrictionson trade in listed species do

not interfere with a partysright to take stricter domes-tic measures, or the right ofparties to comply with inter-nat ional agreements that re-gula te other a spects of tra de.

There ar e 28 an ima ls inthe Philippines listed underAppendix I, 802 under Appendix I I a nd one un der Appendix I /II . These a re enum era tedin the ta ble below . A complete list of these an ima ls with t heir current C ITES sta tus a nddis tr ibut ion is a va ila ble a t h t tp: //cites. org/eng/resour ces/species.h tm l

Web Refer ence: ht tp: //w w w .cites. org/

Everybody n eeds beaut y as well as bread, pl aces to play i n and pr ay in, wh ere natur e may heal and give str ength t o body and soul . J ohn Muir


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M en have an extra ordi nar y err oneous opin ion of th eir posit i on in Natu re. William Somerset Maugham (1874-1965)

C on v e n t i o n on t h e C on s er v a t i o n of M i g r a t o r y Sp ec i es o f Wi l d A n i m a l s (J une 23, 1979, B onn)

The Convention on the Con-servation of Migratory Species ofWild Animals applies to all spe-cies for which a significantproportion of th e popula tion ha bi-tually moves across nationalboundaries. Obligations of theparties depend upon the conser-vation status of the animals forwhich its territory is a range. Forspecies that are the most en-dangered, range states are toendeavor to conserve and re-store their habitats, prevent asappropriate activities which ad-versely affect the species, andprohibit taking except under verylimited circumstances. If the spe-cies is not enda ngered but ha s a nunfavorable conservation status,range states are encouraged toconclude agreements amongthemselves on measures to re-store the conservation status ofthe species. The Convention pro-vides guidelines for the content ofthese a greements.

Web Refer ence: ht tp: //w w w .cms.i nt /docum ent s/convt xt /cms_convt xt .ht m

C on v en t i o n on B i o l og i c a l D i v er si t y (J une 5, 1992, Rio de J a neiro)

Objectives

The Convention on Biological Diversity, adopted under the auspices of the UNEP isdesigned to protect the earths biodiversity by promoting its sustainable use and by ensur-ing that its benefits are shared equitably between the developing and developed worlds.


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The Convention a ffirms t he applicability of P rinciple 21 of the S tockholm Declara tion a ndprovides for t he sta tes responsibility un der th e Convention for a ctivities under its control

both w ithin na tional jurisdiction and w ithout.

Requirements

The Convention imposes obligations upon states in relation to in situ conservation(within a species natural habitat) and ex situ conservation. The Convention requirespar ties t o promote the sust a ina ble use of biological resources by int egra ting t his objectiveinto national decision making, providing incentives, undertaking research and training,encoura ging public educat ion an d r equiring environmenta l impact a ssessment.

Rights of Host State

The Convention affirms the right of the host state to determine access to its bio-logical resources and creates a presumption refutable by the host state that access mustbe subject t o tha t st a tes prior informed consent . It seeks to chan nel th e benefits derivedfrom the exploitation of biological resources to the state of origin by requiring the ex-tract ing party to share the proceeds and results of research in a fair and equitableway, as appropriate, and on mutually agreed terms. The Convention also provides fortra nsfer of technology t o developing countr ies, subject to existing pat ent a nd other intel-lectua l property right s.

Web Refer ence: ht t p://w w w .biodiv. org/conv ent ion/defa ult .sh tm l

A S E A N A g r eem en t on t h e C on ser v a t i on o f N a t u r e a n d N a t u r a l Resou r ces (J uly 9, 1985, Kua la L umpur )

The ASEAN Agreement on the Conservation of Nature and Natural Resources(Agreement) is designed to protect a wide variety of natural resources with a view to-ward integrat ing conservat ion and development efforts . National governments under-take to adopt measures to maintain ecological processes, preserve genetic diversity andensure susta ina ble development. All development plan s will give full considera tion toecological factors in addition to economic and social factors. In addition to national ac-tion, parties will also coordinate their efforts to develop a conservation strategy for theregion.

Sustainable Use

Part ies shal l conserve animal and plant species by establ ishing protected areasand gene banks, as well as by regulating, taking and the introduction of exotic speciesinto ecosystems. The goal of sustainable use of harvested species shall be attained byimplementing management plans for preventing disease and for restoring depleted


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populat ions. A permit system sha ll also be inst i tut ed to regulat e harvest ing a nd t ra dein harvested species. Appendix I of the Agreement lists endangered species deserving

the special protection of str icter r egulat ions.

Conservation

Controls shall be adopted to ensure the conservation of the vegetation cover andforest resources. Soil and water conservation will also be addressed through regulationsan d use policies . Pa rt ies also agree to take al l appropriate measures tow ards a ir qual-ity management compatible with sustainable development. As part of their conserva-t ion efforts , pa rt ies wil l inst i tute m easures to prevent environmenta l degrada tion a ndpollution.

Land Use

To implement th e objectives of th e Agreement, pa rt ies sha ll give pa rt icula r a tt en-t ion t o nat ional la nd use planning. As a ppropriate, na t iona l parks a nd reserves sha l l beestablished a s protected ar eas w ith buffer zones designated a s necessar y. P ar t ies sha l lcooperat e with each other to crea te a coordinat ed netw ork of protected a rea s thr oughoutthe region. P ar t ies also agree to promote conservat ion of na tura l a reas by private own-ers, community and local authorities.

Environmental Impact Assessment

The part ies underta ke to car ry out environmenta l impact a ssessments for a ny ac-t ivi ty which may signif icantly affect the natural environment. If adverse effects areprojected, pa rties w ill ca rry out the a ctivity so a s to overcome or minimize such a dverseeffects. The par ties w ill also promote scientific research, monitoring efforts a nd infor-mation exchange. When appropriate, such activities shall be coordinated at an interna-tional level. The parties shall endeavor to promote education programs and encouragepublic par ticipation in conserva tion efforts.

Duty Not to Cause Harm

The parties have the duty to ensure that no act within their jurisdiction causesharm to the environment beyond the limits of national jurisdiction. If any party be-comes aw ar e of an emergency si tua t ion, tha t pa rty must inform the other par t ies .

Web Refer ence: ht tp: //w w w .a sea ns ec.org/1490.h t m


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C on v e n t i o n o n t h e C on t r o l o f Tr a n s-b ou n d a r y M o vem e n t s of H a z a r d o u s Wa s t es a n d T h ei r D i sp o sa l (March 22, 1989, Basel)

In General

The Basel Convention onthe Control of Trans-boundaryMovements of HazardousWastes and Their Disposalregulates the transport anddisposal of hazardous and

other wastes and seeks tomake such t ranspor t a mat te rof public record. The ultimategoal of the Convention is toprotect human heal th and theenvironment from the dangersof such wastes, in applicationof the principle that wastesshould be disposed of in thestate where they were gener-ated. The Convention is prem-ised upon the belief that by

requir ing the generator tocarry out duties regardingtransport and disposal of thewas tes , the amount of was tegenerat ed w ill be reduced.

Definition of Wastes

The Convention restates the right of every state to ban the entry of disposal of for-eign ha zar dous wa stes in its territory. For purposes of the C onvention, w a stes a re definedas hazardous either by reference to categories set out in annex I, unless they do not pos-sess the characteristics listed in annex III, or if so classified by national legislation. Many

of the Conventions obligations also apply to other wastes listed in annex II, which en-compass household wastes or residue from the incineration from household wastes. Ex-cluded from th e Convention a mbit a re radioactive wa stes and w a stes discha rged from thenormal operation of ships so long as they are regulated by other international instru-ments. Parties exercising their right to prohibit the import of hazardous wastes are toinform the other part ies a nd provide informa tion on a ny n a tiona l legislation perta ining to

A m an w ho li ves wi th n atu re is used t o violence and is

compani onable with death. Th ere is more violence in an En gli sh hedgerow th an i n t he meanest str eets of a gr eat city . P.D. J ames

(Digital Vision)


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Natu res great law, and law of al l men's mi nds? To i ts own im pulse every cr atur e sti rs; L ive by thy light , and earth w il l l ive by her s! Matthew Arnold(A. Oposa)

the definition of haza rdous wa ste. Ea ch pa rty m ust prohibit the export of such w a stes toany stat e which ha s notif ied the party

of its import prohibition.

Trade in Hazardous Wastes

P ar t ies are required to ta ke appropriat e measures to ensure tha t t he generat ion ofhazardous wastes is reduced to a minimum, to prevent pollution due to such wastes,and to prohibit the import or export of wastes if they have reason to believe that thewastes wil l not be managed in an environmental ly sound manner. Part ies must alsoprohibit the import from or export to states not party to the Convention of hazardousw a stes, except if done under the a uth ority of a n interna tional a greement w hich does notderoga te from the Conventions provisions on environm enta lly sound ma na gement ofwastes or stipulate provisions which are less environmentally sound. In addition, thedisposal of ha zardous wa ste south of 60 south lat i tude is prohibi ted. Any w a ste t ra ns-port ed or d isposed of in contr a vention of this C onvention w ill be considered illegal t ra f-f ic in wa ste a nd is t o be ma de a cr iminal offense. Pa rt ies are permit ted, in a ccorda ncewith the objectives of the Convention and other rules of international law, to take


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str icter measures than required by the Convention in order to protect human heal than d th e environment.

Requirements for Movement of Wastes

The Convention sets out the requirements for any transboundary movement ofwa ste, including notif ica t ion, packaging, au thoriza t ion, a nd accompanying documenta-tion. Movement of w a ste w ill only be permit ted if the genera ting st a te does not ha ve thetechnical capacity or suitable sites for disposal or if the importing state requires thewaste as raw material for recycling or recovery industr ies . Before any transboundarymovement is permissible, the state of export must notify the state of import and alls ta tes of t ra nsi t . In return, th e stat es of import a nd of t ransi t must respond in w ri t ingconsenting to th e shipment. Conditions m a y be imposed. All shipments m ust be coveredby insurance as required by the sta tes of import or t ra nsi t a nd if a shipment cannot be

completed as planned, the sta te of export h as a duty t o take back the wa stes and ensuretheir pr oper disposal.

Cooperation of Parties and Establishment of Revolving Fund

The par ties a gree to cooperat e with each other rega rding t he excha nge of informa -tion and technologies, monitoring and research and to assist developing countries incomplying w ith t he terms of the Convent ion. Any pa rty w ith knowledge of an a ccident isto inform other states likely to be affected promptly. The establishment of a revolvingfund is to be considered to assist in the event of an emergency. A protocol will be devel-oped to a ddress issues of liability.

Web Refer ence: ht tp: //un t rea ty .un .org/E ng lish /Trea t yE vent 2002/B a sel_C onv_16.ht m

Tr ea t y B a n n i n g N u c l ea r Wea p o n Te st s i n t h e A t m o sp h er e, i n O u t er S p a c e, a n d U n d er Wa t er (Augus t 5, 1963, Moscow )

Objectives

The Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space,and Under Water (Treaty) seeks to protect the environment from contamination byra dioact ive substances. Addit iona lly, the Treaty is a s tep tow ar ds genera l disarm am ent.Parties undertake to prohibit, prevent, or not carry out any nuclear explosion in theirjurisdiction or control, or in the atmosphere and beyond its limits, or under water. Ina ddition, such test s ar e bann ed if they caus e radioactive debris to be present outside theterr i torial l imits of the sta te ca rrying out the test . P ar t ies further underta ke to refrainfrom part icipat ing in an y nuclear explosion tha t w ould have the effects outlined a bove.

Web Reference: ht tp://la w ofwa r.org/spa ce_tr ea ty _ba nn ing_nuclea r_w eapons.h tm


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I A E A C o d e o f P r a c t i c e o n t h e I n t er n a t i o n a l T r a n s -b ou n d a r y M o vem e n t o f R a - d i o a c t i v e Wa s t e

(J un e 27, 1990)

In General

The International Atomic Energy Agency (IAEA) Code of Practice on the Interna-tional Trans-boundary Movement of Radioactive Waste arose partly out of: (a) publicreaction to unauthorized trans-boundary movement of radioactive waste to developingcountries, and (b) concerns over how such wastes were then managed and disposed of.The basic principles of the Code are that each state should minimize the amount ofradioact ive waste i t produces and that any radioact ive waste under i ts jurisdict ion orcontrol should be safely managed and disposed of so as to protect human health andthe environment.

Against this background, the Code affirms the sovereign right of every state toprohibit the movement of radioactive waste on its territory. If a state does choose toinvolve itself in the transboundary movement of such waste, it should ensure that thistakes place according to internat ional safety standards and, subject to the relevantrules of internat iona l law , af ter t he sending, receiving and tra nsi t s ta tes hav e al l beennotified of such movement and given their consent. States should establish an authorityto regulate the transboundary movement of radioact ive waste and should not permitthe receipt of such waste unless it can manage and dispose of it in accordance withinternational safety standards. A corresponding duty is placed on the sending statesconsent , tha t t he receiving sta te can m a na ge and dispose of the w ast e according to in-ternat ional safety standards. If the t ransfer is not completed in accordance with theCode, the sending state should ei ther readmit the waste or arrange a safe al ternat ive

for it . St a tes should ena ct provisions of nat iona l la w covering liability a nd compensa -t ion for dama ge cau sed by the tra nsbounda ry m ovement of ra dioact ive wa ste and non-complian ce w ith t he Code.

Web Refer ence: ht t p://w w w .ia ea .or.a t/ht tp: //w w w .globela w .com/Nuk es/ia ea cod.ht m

C on v en t i on o n Ci v i l L i a b i l i t y f or N u c l ea r D a m a g e (Ma y 21, 1963, Vienn a )

Objectives

The Vienna Convention was negotiated under the auspices of the InternationalAtomic Energy Agency (IAEA). It is potentially of worldwide geographical application.Its purpose is to establish minimum standards to provide protection under national law

aga inst dama ge result ing from certa in peaceful uses of nuclear energy. P ursuan t toArticle II, the operator of a nuclear installation is liable for nuclear damage upon proofthat such damage was caused by a nuclear incident in the instal lat ion or, with certainlimitations, in the course of carriage to or from the installation. The liability of the op-erator is absolute although provision is made for certain defenses and exceptions toliability.


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J urisdiction

As a general rule, actions must be brought within ten years from the date of the nu-clear incident an d jurisdiction over a ctions lies only w ith t he courts of th e contra cting sta tewithin whose territory the nuclear incident occurred. If an action is brought against astate itself, it may not, except in respect of measures of execution, invoke any jurisdic-tional immunities. Final judgments which are recognized are enforceable in the terri-tory of any of the contra ct ing stat es.

Limitation of Liability

The Vienna Convention permits the installation state to limit the liability of the op-erator, but in no event toless than US$5 million for

any one nuclear incident.Operators are required tomaintain insurance or otherfinancial security. However,if the security is inadequateto satisfy claims, the Con-vention, in Article VII, pro-vides that the installationstate is required to meetany deficiencies up to thelimit, if any, of the ope-rators liability. No provi-

sion is made for furthercompensation beyond thislimit by either the installa-tion state or the partiesjointly.

Dispute Settlement

The Optional Protocolestablishes a dispute set-t lement mechanism. Un-less some oth er form of set-t lement has been agreedupon by the part ies withintw o months of any d ispute, the Interna tiona l Court of J ustice (IC J ) is given compulsoryjurisdiction.

Web Refer ence: ht tp: //w w w .ia ea .org/P ubli cat ions/D ocument s/In fcircs/1996/inf 500.sht ml

Your descend ants shall gather your fru it s. Virgil

(A. Oposa)


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P r o t o co l 1 A d d i t i o n a l t o t h e G en e r a l C o n v en t i o n o f A u g u s t 1 2, 1 94 9 a n d R e l a t - i n g t o t h e P r o t ec t i o n o f t h e Vi c t i m s o f A r m ed C o n f l i c t

(J une 8, 1977, G eneva)

Environmental Protection

The Geneva Protocol 1 Additional to the General Convention of August 12, 1949,and Relating to the Protection of Victims of Armed Conflict, seeks to protect the envi-ronment by two techniques: (a ) by sett ing sta nda rds and th resholds for permissibleha rm a nd (b) by esta bl ishing rules on t ar getry.

The Protocol expressly prohibits intentional harm to the environment and theutilization of means and methods of warfare which may be expected to cause suchharm. The threshold, above which harm to the environment is proscribed, is when itbecomes w idesprea d, long-term, a nd severe, and th e populat ion is t hrea tened. All wea p-ons, means, and methods of warfare are to be evaluated before use to determine theircomplia nce wit h the P rotocol and other interna t iona l law . P a rt ies are required to ta keprecautionary measures as at tackers to minimize at tacks on civi l ian objects and asdefenders t o protect civilia n objects from th e effects of milita ry operat ions.

In addition, the environment is protected by the prohibition on attacks on certainobjects. The protocol prohibits attacks on objects deemed indispensable to civilian life,including foodstuffs, agricultural areas, crops, livestock and drinking water supplies.This immunity from attack is partially lifted if these objects provide sustenance or di-rect support of milita ry forces and derogat ion is permitt ed in defense of an in va sion on apar ty s own territ ory. The protocol also protects da ms, dikes a nd n uclea r electrical g en-erating stations from attack, subject to those objects not providing support for military

operations. The protocol allows for the establishment of non-defended localities whichmay not be the object of attack and demilitarized zones to which military operationsma y not be extended unless oth erwise a greed to by the belligerents.

Ha rdcopy: 1125 U nited Nat ions Trea ty Series (U NTS) 3

Web Reference: ht tp://w w w .un hch r. ch/ht ml /men u3/b/93.h tm

FA O C o d e of C on d u c t on t h e D i st r i b u t i o n a n d U se o f P est i c i d es

Objectives

The Code of Conduct on the Distribution and Use of Pesticides (Code) is a volun-

tary set of standards, adopted in 1985 under the auspices of the Food and AgriculturalOrga niza tion (FAO). Amended in 1990, it regulat es the ma nufa cture, distr ibution,interna tional tra de, a dvertisement, a nd use of pesticides. It is based upon the beliefthat governments and the pesticides industry have a shared responsibility for protect-ing huma n hea l th a nd t he environment, a nd a ccordingly a ssigns specif ic ta sks to eachof th em. Governments ha ve the overa ll responsibility for regulat ing the distribut ion an d


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use of pesticides, while th e pesticides indust ry sh ould comply w ith t he Code even in t heabsence of local legislation. Exporting countries and the pesticides industry are called

upon t o ensure t ha t good tra ding pra ctices ar e follow ed in the export of pesticides, par-ticularly t o count ries with out appropria te legislat ive or regulat ory ca pacities.

Actions of Governments

The Code calls on governments to control the use and availability of pesticides.G overnm ents should restrict pesticides when a ppropria te either by not registering th emfor use or by ma king them a va ilable only to specified users. In m a king their decisionsregarding the importation of pesticides, the Code urges the avoidance of restrictionsw hich are inconsistent w ith th e Genera l Agreement on Ta riffs and Tra de. In conjunc-tion with the pesticides industry, governments should make provision for the safe stor-a ge an d disposal of pesticides.

The Pesticides Industry

The pesticides industry should test pesticides in a ccorda nce with sound scientificprocedures and ensure that al l advert is ing is t ruthful and capable of substantiat ion.P ublic interest environmenta l groups an d interna t ional organizat ions should cal l a t t en-tion to devia tions from the C odes a dvertising st a nda rds. The pesticides indust ry sh ouldfurther ensure that the ingredients in the pesticides conform with both FAO and WorldHealth Organization (WHO) specifications and that the pesticides comply with FAOand WHO guidelines for packaging, storage and disposal. Even where a control schemeis in place, the pesticides industry should stop selling and should recall products whentheir safe use seems una tta inable.

Prior Informed Consent

The Code establishes a Prior Informed Consent procedure, whereby the export ofany pesticide which is banned or restricted for human health or environmental reasonsin the exporting country should not take place without the agreement of the importinggovernm ent. According t o this procedure, notifications of na tional control a ctions a re t obe tra nsmit ted t o the FAO and to importing sta tes. The Code envisages t he FAOs coop-erat ion with U NEP in ma inta ining a da ta base of control act ions a nd decisions ta ken byparticipating governments. The information the FAO receives is passed on to all otherpar ticipa ting governm ents. Im portin g government s then advise the FAO of their deci-sion regarding the future acceptability of the pesticide concerned within their jurisdic-

tion. Subs equently, export ing governm ents sh ould d evise their pesticide export ers of therelevant decisions of importing governments and should ensure that exports do notoccur cont ra ry t o the wish es of importing governm ents.

The Code seeks to ensur e tha t governments m onitor compliance wit h th e Code andcont emplat es periodic review w ith a view to updat ing a s conditions require.


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A revised version was approved in November 2002 by the 123 Session of the FAOCouncil. This was in lieu of the Rotterdam Convention, the changing policy and the

persistence of certa in pesticides especia lly in d eveloping count ries. It a sserts th e need toreduce risks associated with pesticides and the promotion of integrated pest manage-ment a nd na tura l pest control system. 4

Web Refer ence: ht tp: //w w w .fa o.org /

T h e A g r eem en t E st a b l i s h i n g t h e Wor l d Tr a d e O r g a n i za t i on (April 15, 1994, Ma rra ckech)

Institutional Framework

The Agreement establishing the World Trade Organization, otherwise known as

the WTO Agreement, provides the institutional framework for the conduct of tradeamong its members. It embodies the agreements made by member states since 1947.These include the 1947 General Agreement on Tariffs and Trade (GATT 1947), theMultilateral Trade Agreements, and the Plurilateral Trade Agreements.

The G eneva-ba sed World Tra de Orga niza tion, or WTO, fa cilita tes t he implementa -tion of the WTO Agreement a nd other multila tera l and plurila tera l tra de agreements.

The orga niza tion provides the forum for negotia tions a mong its m embers on multi-lat eral tr a de mat ters. These a re listed in the an nexes to th e WTO Agreement. Withexceptions under the WTO Agreement multilateral trade agreements, the organizationis guided by t he decisions, procedur es, a nd pra ctices of th e G ATT 1947.

Article XX (General Exceptions) of the GATT 1947 is particularly relevant to In-

ternat ional Environmental Law. I t s t ipulates that , provided measures are not appliedin a ma nner tha t const i tut es arbi tra ry or unjust if ia ble discriminat ion betw een countr ieswhere the same conditions prevail or that they constitute a disguised restriction oninterna tional t ra de, nothing in the G ATT should prevent the a doption or enforcement ofmeasures:

(i) to protect hum a n, a nima l, or plant life or hea lth;

(ii) to conserve exha ustible nat ura l resources, if such measures ar e ta ken to-gether w ith restrictions on domestic production or consumpt ion.

Web Reference:

h t t p://w w w .w t o.org/engl is h /docs _e/leg a l_e/04-w t o_e.h tm

ht tp://w w w .w t o.org/eng lis h/docs_e/lega l_e/lega l_e.h t m#w toa gr eement



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Wor l d B a n k O p er a t i o n a l D i r ec t i v e 4 .0 0 A n n ex A : E n v i r o n m en t a l A s sessm e n t

Purpose

The World B a nks 1989 Operat iona l Dir ective on E nvironmenta l Assessment is de-signed to disclose environment a l issues arising from the B a nks projects so tha t: (a )

these issues can be addressed on a timely and practical fashion, (b) project condition-a lity ca n be r educed by in corpora ting these issues int o the project d esign, an d (c) costsand delays can be averted by otherwise unanticipated environmental problems. Theenvironmental assessment process also examines the projects impact on health, cul-tur a l property a nd triba l people. The initial decision as t o w ha t form, if any , the envi-ronmenta l assessment should take is made by the Ba nk. However, the responsibil i ty

N a t u r e h a s b een f o r m e, f or a s l o n g a s I r em e m b er , a so u r c e o f so l a c e, i n s p i r a t i o n ,a d v en t u r e, a n d d el i g h t ; a h o m e , a t e a c h er , a c o m p a n i o n . L orraine Anderson

(A. Oposa)


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for conducting the environmental direct ive provides that the Bank should assist andmonitor the process, and should also provide training assistance to lenders so as to

improve their capa bilities in conducting environmenta l assessment s.The operational directive provides for project-specific, regional, and sectoral envi-

ronmental assessments. It also provides for narrower-focused alternatives to environ-mental assessment where appropriate. It also contemplates inter-agency coordinationand the involvement of affected groups and NGOs in carrying out the environmentalassessment.

Overall Feasibility Study

In most cases, the environmental assessment is to be part of the overall feasibilitystudy of th e project. The opera tiona l directive cont emplat es environment a l a ssessmentstaking up between 5 to 10 percent of the cost of project preparation. The environmental

assessments f indings ul t imately form the basis of the environmental clearance thatprecedes the authorization of negotiations by the Bank on the project concerned, anda lso for d ecisions r egard ing specific loa n conditiona lly a nd for su pervising t he environ-menta l a spects of the projects implementa tion.

Web Reference:

ht tp: //w w w .w orldb a nk. org/ht ml/oprma nu a l/ods/400a. ht ml

This w a s replaced by OD 4.01 in October 1991. This recommended t ha t th e En vi-ronmental Assessment Sourcebook, published in the World Banks Technical PapersSeries during fiscal 1991-92, be used for guidance throughout the environmental as-

sessment process. A complete e-copy of this sourcebook is available ath t t p://w bln0018.w or ldba nk.org /essd /kb .n sf /0/7832e0f 340c396218525

66740074ea37/$FI LE /no1ea .pd f

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a legal arsenal for the philippines oposa

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