POS 325
INTERNATIONAL LAW
0483
Environmental Concerns | Objects of Environmental Rights | Sustainable Development | Emerging Principles | Treaties
February 24, 2021
INTERNATIONAL
ENVIRONMENTAL LAW
Application in the 1987
Philippine Constitution
Article 2 Sec 16
“The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”
Goal: make environmental protection and ecological balance conscious objects of police power
-a body of international law concerned with protecting the environment, primarily through bilateral and multilateral international agreements
INTERNATIONAL ENVIRONMENTAL LAW
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Hanna Chriseth Martin
Philippine cases concerning environmental protection
Problem:
IL cannot solve problem of environment protection without intrusion into the domestic jurisdiction and sovereignty of states
What is needed to solve the problem
1) Joint action of states
2) Involvement of non-state actors
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Hanna Chriseth Martin
Article II Section 16 of the Philippine Constitution:
“the right to a balanced and healthful ecology”
ENVIRONMENTAL CONCERNS: HUMAN RIGHTS
THREATS AND DEPRIVATION OF BOTH FUNDAMENTAL AND PROCEDURAL HUMAN RIGHTS
OVER AND MIS-UTILIZATION OF NATURAL RESOURCES
FUNDAMENTAL HUMAN RIGHTS: direct substantive human rights.
PROCEDURAL HUMAN RIGHTS: steps taken in enforcing legal rights of citizens.
The Escazú Agreement- the first environmental human rights treaty in Latin America and the Caribbean
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Krisha Leigh
Mauricio
The preservation of the environment is also concerned with the protection of mankind’s historical and archaeological sites that hold the cultural heritage of the world.
ENVIRONMENTAL CONCERNS:
Cultural Heritage
Cultural heritage are:
(2) Groups of buildings; and
(3) Archaeological sites, as defined in the World Heritage Convention
The 1954 Hague Convention for the Protection of Cultural Property in the event of Armed Conflict
The 1965 World Heritage Trust
The1972 Convention on the Protection of the World Cultural
and Natural Heritage
Development on the Preservation of Cultural Heritage:
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Loraine Andrea
Ordono
Bases?
These are human right laws guarantee everyone the Human Right to a Safe and Healthy Environment (The Human Right to A Safe and Healthy Environment, n.d.):
In the Philippines, one landmark case was cited at (Bernas, 2009):
Oposa v. Factoran, Jr.
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Diosdado
Pine
WHO HAVE ENVIRONMENTAL RIGHTS?
Real objects of protection are persons capable of having rights.
"Trees and others can be said to have rights only in a metaphorical sense“ (Bernas, 2009) .
Sustainable Development
a vital concept in economics and environmental rights that encourages development in ways that do not compromise future generations and other states’ ability to meet their needs (Bernas, 2009).
There is a need to address the environmental and economic concerns before each decision to ensure that the environment’s long-term stability is being achieved.
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
There are inanimate and intangible effects when the environment itself is destroyed in the process of maneuvering into being a part of hegemonic nations.
Celina Koleen
Juguilon
Emerging Principles
Rio Declaration
In 1992, the United Nations Conference on Environment and Development sponsored another conference in Brazil, and 170 states have attended it. The Conference came out with the Rio Declaration.
“To establish a new and equitable global partnership through the creation of new levels of cooperation among States, key sectors of societies, and people, working towards international agreements that respect the interests of all and protect the integrity of the global environmental and developmental system.”
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Kaiser Olga
Portuguez
Principle 1- ‘Humans being at the centre’
Principle 2- Right of nation States to exploit their own natural resources.
Principle 3- Right to develop must be fulfilled.
Principle 4- Environmental protection in the development process.
Principle 5- International agreements to eradicate poverty.
Principle 6- Priority shall be given to countries that are most vulnerable environmentally as well as economically.
Principle 7- “Common but differentiated responsibility” between developed and developing countries.
Principle 8- View of production and consumption patterns as the major driving forces of environmental degradation.
Principle 9- States should cooperate to strengthen endogenous capacity building for sustainable development.
Principle 10- Rights of people to hold their governments to account for environmental policies and laws.
Emerging Principles
Rio Declaration
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Kaiser Olga
Portuguez
Principle 11- States shall enact effective environmental legislation.
Principle 12- Ensure a sustainable development dimension in the global economic system.
Principle 13- States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage.
Principle 14- Prevention of dumping of hazardous substances and the relocation of hazardous operations in to developing nations.
Principle 15- “The Precautionary Principle”
Principle 16- “The Polluter Pays Principle”
Principle 17- Environmental Impact Assessments (EIA)as national instrument for decision-making process.
Principle 18- States will benefit from notification of impending disasters.
Principle 19- Adverse environmental effects are likely to be the result of planned activities.
Principle 20- Women play a vital role in environmental management and development.
Emerging Principles
Rio Declaration
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Leezel
Otingguey
Principle 21- The responsibilities that decision-makers have to those young and future generations whom they represent.
Principle 22- The importance of indigenous peoples’ role in environmental management and sustainable development.
Principle 23- Protection of environment and natural resources under people.
Principle 24- Warfare is inherently destructive of sustainable development.
Principle 25- Peace, development and environmental protection are interdependent and indivisible.
Principle 26- Peaceful resolutions of environmental disputes.
Principle 27- The importance of cooperation, partnership and international law for sustainable development.
Emerging Principles
Rio Declaration
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Leezel
Otingguey
Emerging Principles
Stockholm Declaration
Management of Resources
Principle 1: Right to Protect Environment
Principle 2: Management of Natural Resources
Principle 3: Management of Renewable Resources
Principle 5: Management of Non-Renewable Resources
Principle 13: Rational Management of Resources
Wildlife Protection and Pollution Management
Principle 4: Conservation of Wildlife
Principle 6: Pollution Control
Principle 7: Prevention of Pollution of Seas
Development of Quality Life
Principle 8: Economic and Social Development
Principle 10: Stability of Prices of Primary Commodities
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Maila Ericka
Merrera,
Emerging Principles
Stockholm Declaration
Environmental Protection
Principle 9: Underdevelopment and Natural Disaster
Principle 11: Environmental Policies
Principle 12: Environment Protection Education
Strategic Planning
Principle 14: Rational Planning
Principle 15: Human Settlements
Principle 16: Human Population
Role of Education, Science, Technology and Research
Principle 18: Use of Science and Technology
Principle 19: Education in Environmental Matters
Principle 20: Further Scientific Research
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Maila Ericka
Merrera,
Emerging Principles
Stockholm Declaration
Environmental Protection
Principle 9: Underdevelopment and Natural Disaster
Principle 11: Environmental Policies
Principle 12: Environment Protection Education
Strategic Planning
Principle 14: Rational Planning
Principle 15: Human Settlements
Principle 16: Human Population
Role of Education, Science, Technology and Research
Principle 18: Use of Science and Technology
Principle 19: Education in Environmental Matters
Principle 20: Further Scientific Research
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Cathlyne Lhay
Masongsong
Emerging Principles
Stockholm Declaration
State Responsibility
Principle 17: Setting of Environmental Pollution Control Agencies at Nat’l Level
Principle 21: Rights and Responsibility of Sovereign Nation
Principle 22: Development of International Law
International Cooperation
Principle 23: Implementation of Agenda by Every Country
Principle 24: International Cooperation
Principle 25: Coordinated and Dynamic Role
Mass Destruction Rules
Principle 26: Ban on Nuclear Weapons
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
Cathlyne Lhay
Masongsong
International Environmental
Article 192-194 of the 1982 Law of the Sea
United Nations Conference on Environment and Development (UNCED) also known as Rio de Janeiro Earth Summit
Vienna Convention for the Protection of the Ozone Layer of 1985
Kyoto Protocol
1994 North American Agreement on Environmental Cooperation
Amazon Declaration of 1989
Convention on Biological Diversity (CBD)
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Other Regional Conventions
Treaty of Rome of 1957
1991 Protocol on Environmental Protection to the Antarctic Treaty of 1991
Conventions and Treaties
Environmental Concerns |
Objects of Environmental Rights |
Sustainable Development | Emerging Principles | Treaties
February 24, 2021
May Ann Manalo
Trisha Zeline Manaois
End of Presentation
GROUP 3:
INTERNATIONAL ENVIRONMENTAL LAW
Juguilon, Celina Koleen
Leano, Ace Kevin
Manalo, May Ann
Manaois, Trisha Zeline
Martin, Hanna Chriseth
Masongsong, Cathlyne Lhay
Mauricio, Krisha Leigh
Merrera, Maila Ericka
Ordono, Loraine Andrea
Otingguey, Leezel
Pine, Diosdado Jr.
Portuguez, Kaiser Olga