Environmental Treaties, Laws and Policies

Prepared by:GENEVIEVE CADAG GARCIA

Science Teacher

What is an environmental law?

• Environmental law means the laws that regulate the impact of human activities on the environment. Environmental law covers a broad range of activities that affect air, water, land, flora or fauna.

It include laws that relate to:

• Protection of animals and plants

• Planning for the use and development of land

• Mining, exploration and extractive industries

• Forestry• Pollution• Fisheries• Land and fire management• Agriculture and farming

• Waste management• Climate change and

emissions• Water resource

management (lakes, wetlands, rivers and oceans)

• Chemicals and pesticides• Weeds and invasive species• Marine life• Conservation of natural and

cultural heritage

The general functions of most environmental laws are to:

• set offences and penalties for causing harm to the environment which is not authorised

• assess, control or stop certain activities (such as land use and development) before they are carried out

• set policies and standards for how activities will be controlled and how environmental decisions and approvals will be made

• enable members of the public to take part in environmental decision-making

• create regulatory structures for environmental management, such as regulatory agencies (e.g. the Department of Lands, Planning and Environment)

• create specialist courts and tribunals (e.g. the Lands, Planning and Mining Tribunal)

What is an environmental treaty/protocol?

An environmental protocol is a type of international law, "an intergovernmental document intended as legally binding with a primary stated purpose of preventing or managing human impacts on natural resources.

What is an Environmental policy?

Environmental policy refers to the commitment of an organization to the laws, regulations, and other policy mechanisms concerning environmental issues and sustainability.

A TIMELINE OF ENVIRONMENTAL TREATIES

Convention for the Prevention of Pollution of the Sea by Oil, 1962

• Seeking to prevent ocean pollution by oil discharged from ships, this pact limits discharges of oil-contaminated wastes. It allows exceptions for discharges with low levels of oil contamination; and for tankers that discharged only a small percentage of their total cargo-carrying capacity or released oil-contaminated ballast more than 80 kilometers from the nearest land.

• Although later pacts would be more stringent, in the context of its time, this agreement represents a significant international commitment to reduce oil pollution from oceangoing vessels.

The Ramsar Convention, 1971

• The Convention on Wetlands, signed in Ramsar, Iran, provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.

Eventually, there will be 158 contracting parties to the convention and 1,743 protected wetland sites -- totaling 161 million hectares -- designated for inclusion in the Ramsar List of Wetlands of International Importance.

MARPOL, 1973• The MARPOL Convention is a major international pact to prevent

pollution of the marine environment, from operational or accidental causes, by ships.

• The International Convention for the Prevention of Pollution from Ships (MARPOL), signed at the International Maritime Organization, addresses oil pollution, but also covers pollution from chemicals, packaged harmful substances, sewage and garbage. The pact will be updated substantively by a 1978 protocol at a conference held in response to a series of tanker accidents in 1976 and 1977. In the 21st century, MARPOL will remain a dynamic agreement, regularly updated by documents called “annexes.”

CITES, 1973

• The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), one of the earliest international agreements addressing the plight of endangered species, is adopted in Washington, with the United States one of the 21 original signatories. More than 170 nations will become parties to CITES.

• The convention protects at-risk species through restrictions on commerce. Its control of international trade in species in danger of extinction relies on signatory nations adopting and enforcing export and import restrictions. CITES allows for trade in listed species if such trade is not detrimental to a species’ survival.

Transboundary Air Pollution, 1979

• This agreement encourages scientific collaboration and policy negotiation to target air pollution that spreads from its source into the atmosphere. It will be extended by eight protocols that identify specific measures to cut emissions of air pollutants.

• The aim of the convention, which in 2008 will have 51 parties, is to limit and gradually reduce and prevent air pollution, especially long-range air pollution that crosses national borders. Parties to the convention commit to developing policies and strategies on information exchange, consultation, research and monitoring to combat the discharge of air pollutants.

Transboundary Pollution

• Transboundary pollution is the pollution that originates in one country but is able to cause damage in another country’s environment, by crossing borders through pathways like water or air. Pollution can be transported across hundreds and even thousands of kilometers

Montreal Protocol, 1987

• The Montreal Protocol on Substances that Deplete the Ozone Layer calls for phasing out production and consumption of compounds that deplete ozone in the stratosphere -- chlorofluorocarbons, halons, carbon tetrachloride and methyl chloroform. This will be accomplished in 2000 for most of the listed substances and in 2004 for methyl chloroform.

The agreement, eventually ratified by 191 countries, will help cut production of ozone-depleting chemicals from more than 1.8 million metric tons in 1987 to 83,000 metric tons at the end of 2005.

Basel Convention, 1989

• The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal is the world’s most comprehensive pact on hazardous wastes. Its 170 signatories aim to protect human health and the environment from adverse effects of generation, management, shipment and disposal of hazardous wastes.

• In the late 1980s, when regulations in industrialized countries increased the cost of hazardous waste disposal, so-called “toxic traders” began shipping hazardous waste to developing countries and to Eastern Europe. International outrage about this practice led to the drafting and adoption of this convention.

Convention on Biological Diversity, 1992

• This agreement, adopted at the 1992 Earth Summit in Rio de Janeiro, Brazil, is part of a comprehensive strategy for sustainable development -- meeting the needs of the current generation of human beings while ensuring a healthy and viable world for future generations.

• In this pact, most of the world's governments commit to maintaining the world's ecological underpinnings while pursuing economic development. The convention sets three main goals: conservation of biological diversity, sustainable use of plant and animal species, and equitable sharing of benefits from the use of genetic resources.

U.N. Framework Convention on Climate Change, 1992

• This convention, another initiative from the 1992 Earth Summit, sets an overall framework for intergovernmental efforts to meet the challenge of climate change. It recognizes the climate system is a shared resource whose stability can be affected by emissions of carbon dioxide and other greenhouse gases. The convention enjoys near universal membership: 192 signatories.

• Countries agree to collect and share data on greenhouse gas emissions, national policies and best practices; launch national strategies for addressing emissions; and cooperate in preparing for adaptation to the effects of climate

Effects of Industrial Accidents, 1992

• The 1992 Convention on the Transboundary Effects of Industrial Accidents aims to protect human health and the environment from industrial accidents by preventing them to the extent possible, reducing their frequency and severity and mitigating their effects.

• Its parties pledge cooperation to prevent, prepare for and respond to industrial accidents that can have international effects. The pact also encourages international cooperation on emergency responses, research and development and sharing of information and technology.

U.N. Convention to Combat Desertification, 1994

• Desertification was a major concern at the 1992 Earth Summit in Rio de Janeiro, Brazil. The U.N. Environment Programme concluded in 1991 that land degradation in arid, semiarid and dry subhumid areas had intensified, although there were "local examples of success.”

• The conference recommended an integrated approach that promoted sustainable development at the community level and called for a U.N. committee to draft an international agreement to advance that goal. The result is the U.N. Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa.

Kyoto Protocol, 1997• Parties to the Kyoto Protocol (an amendment to the U.N.

Framework Convention on Climate Change) commit to reducing their emissions of six greenhouse gases, or engage in emissions trading if they maintain or increase emissions of these gases, which are linked to global warming.

• The United States is not a party to this protocol, but continues to pursue reductions in greenhouse gas emissions, fund research on climate change and promote alternative energy sources in developed and developing nations. It also leads several international partnerships, including the Asia-Pacific Partnership on Clean Development and Climate, to address global warming.

Six main greenhouse gases, namely:

• Carbon dioxide (CO2);• Methane (CH4);• Nitrous oxide (N2O);• Hydrofluorocarbons (HFCs);• Perfluorocarbons (PFCs); and• Sulphur hexafluoride (SF6)

PHILIPPINE LAWS

ON ENVIRONMENTAL

PROTECTION

Presidental Decree 1151Philippine Environmental Policy

Governs the general policies on the pursuits of a better quality of life for the present and future generations and mandates undertaking the environmental impact assessments for all projects, which may significantly affect the environment.

Presidental Decree 1152Philippine Environment Code

• PURPOSE:– To achieve and maintain such levels of air quality

as to protect public health and to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country

The Forestry Reform Code P. D. 389 (P.D. 705)

• Section 2. Policies. The State hereby adopts the following policies:

• (a) The multiple uses of forest lands shall be oriented to the development and progress requirements of the country, the advancement of science and technology, and the public welfare;

• (b) Land classification and survey shall be systematized and hastened;

• (c) The establishment of wood-processing plants shall be encouraged and rationalized; and

• (d) The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition.

• D. FOREST PROTECTION

• Section 37. Protection of all resources. All measures shall be taken to protect the forest resources from destruction, impairment and depletion.

Water Code of the Philippines (P.D. 1067)

The Code covers underground water, water above the ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the Philippines.

The Water Code has the following objectives:• (a) To establish the basic principles and framework relating to the

appropriation, control and conservation of water resources to achieve the optimum development and rational utilization of these resources;

• (b) To define the extent of the rights and obligations of water users and owners including the protection and regulation of such rights;

• (c) To adopt a basic law governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land related thereto; and

• (d) To identify the administrative agencies which will enforce the law.

PRESIDENTIAL DECREE No. 984National Pollution Control Decree of 1976• Section 8. Prohibitions. No person

shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof.

• No person shall perform any of the following activities without first securing a permit from the Commission for the discharge of all industrial wastes and other wastes which could cause pollution:

1. the construction, installation, modification or operation of any sewage works or any extension or addition thereto;

2. the increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit;

3. the construction, installation or operation of any industrial or commercial establishments or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of waste directly into the water, air and/or land resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already lawfully authorized.

CHAIN SAW ACT (2002)Republic Act 9175

• SEC. 2. Declaration of Policy. - It is the policy of the State, consistent with the Constitution, to conserve, develop and protect the forest resources under sustainable management.

The State shall therefore regulate the ownership, possession, sale, transfer, importation and/or use of chainsaws to prevent them from being used in illegal logging or unauthorized clearing of forests.

Ecological Solid Waste Management Act of 2000 (Republic Act No. 9003)

Segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable wastes:

(Section 10)Provided, that the collection of non recyclable‐materials and special wastes shall be theresponsibility of the municipality or city

Philippine Clean Air Act of 1999Republic Act No. 8749

Section 2. Declaration of Principles. –

The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm andharmony of nature.

The State shall promote and protect the global environment to attain sustainabledevelopment while recognizing the primary responsibility of local government units to deal

with environmental problems.

The State recognizes that the responsibility of cleaning the habitat and environmentis primarily area-based.

The State also recognizes the principle that "polluters must pay".

Finally, the State recognizes that a clean and healthy environment is for the good ofall and should therefore be the concern of all.

Animal Welfare Act of 1998Republic Act No. 8485

Act to protect and promote the welfare of all animals in the Philippines by supervising and regulating the establishment and operations of all facilities utilized for breeding, maintaining, keeping, treating or training of all animals either as objects of trade or as household pets.

• Any form of cruelty shall be penalized

Philippine Mining Act of 1995Republic Act No. 7942

• It shall be the responsibility of the State to promote their rational exploration, development, utilization and conservation through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities.

• Sec. 2 Declaration of Policy– All mineral resources

in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State

Reflection:

Eco-log No. 1

Which of the Environmental Treaties mentioned do you think is the most important? WHY?

Eco-log No. 2

Which of the Philippine Laws on Environmental Protection is the most significant for:a. Tropical rainforest biomesb. Animal WelfareJUSTIFY your answer!

References:• http://edont.org.au/factsheets/what-is-environmental-law/• http://en.wikipedia.org/wiki/Environmental_protocol• http://en.wikipedia.org/wiki/Environmental_policy• www.safewater.org/PDFS/.../

Transboundary_Pollution_Fact_07.pdf• http://iipdigital.usembassy.gov/st/english/gallery/

2012/02/201202171105.html#axzz3Fw1WfVDc• http://

www.ukessays.com/essays/tourism/current-environmental-laws-in-the-philippines-tourism-essay.php

• http://www.lawphil.net/statutes/presdecs/pd1976/pd_984_1976.html