International
Environmental Laws
International
environmental law plays a crucial role in promoting global sustainability
amidst escalating environmental challenges. As the world grapples with
increasing environmental pressures, the urgency to fully realize the objectives
of environmental law becomes paramount. Violations of these laws not only
compromise environmental sustainability but also hinder progress across all
dimensions of sustainable development.
The
United Nations Environment Programme (UNEP) stands as a pivotal force in
addressing global and regional environmental issues. With a mandate to serve as
a credible advocate for the global environment, UNEP actively supports
governments in shaping the international environmental agenda. Moreover, it
plays a vital role in fostering the coherent implementation of the
environmental dimension of sustainable development within the United Nations
system. At the core of UNEP's mission is the promotion of the development and
implementation of international environmental law. By championing these legal
frameworks, UNEP aims to create a robust foundation for safeguarding the
planet's health and fostering a sustainable future for generations to come.
International
treaties on the protection of Environment and Natural Resources
1.
Paris Agreement (2015):
Focuses on addressing climate change by limiting global temperature rise and
enhancing countries' ability to deal with its impacts.
2.
Convention on Biological Diversity (CBD): Aims to conserve biological diversity, ensure the sustainable use of
its components, and promote the fair and equitable sharing of benefits arising
from genetic resources.
3.
Montreal Protocol (1987):
Targets the protection of the ozone layer by phasing out the production and
consumption of ozone-depleting substances.
4.
United Nations Framework Convention on Climate Change
(UNFCCC): Established the framework for international
cooperation to combat climate change and its impacts.
5.
Kyoto Protocol (1997): An
extension of the UNFCCC, setting binding emission reduction targets for
developed countries.
6.
Ramsar Convention on Wetlands (1971): Aims to conserve and wisely use wetlands, recognizing their fundamental
ecological functions.
7.
United Nations Convention to Combat Desertification
(UNCCD): Addresses desertification and land degradation, with
a focus on sustainable land management.
8.
Stockholm Convention on Persistent Organic Pollutants
(POPs) (2001): Aims to eliminate or restrict the production and use
of persistent organic pollutants, which pose a threat to human health and the
environment.
9.
Aarhus Convention (1998):
Focuses on access to information, public participation in decision-making, and
access to justice in environmental matters.
10. Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES): Regulates international trade in endangered species
to ensure their survival.
11. Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and Their Disposal (1989): Addresses the management
of hazardous waste, particularly its transboundary movement.
12. International Treaty on Plant Genetic Resources for Food and Agriculture
(ITPGRFA): This aims to guarantee food security through the
conservation, exchange, and sustainable use of the world's plant genetic
resources for food and agriculture.
Environment
Laws in the Philippines
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REPUBLIC ACT 10121 PHILIPPINE DISASTER RISK REDUCTION
AND MANAGEMENT ACT OF 2010
Making the then National Disaster Coordinating Council (NDCC) into what
we know today as the National Disaster Risk Reduction and Management Council
(NDRRMC) to serve as the lead agency for disaster-related programs in the
Philippines including but not limited to the development of the comprehensive
guides for DRR efforts nationwide (referred to as the National Disaster Risk
Reduction and Management Framework [NDRRMF] and National Disaster Risk
Reduction and Management Plan [NDRRMP]).
Here is the NDRRMP for 2011 to 2028. Pursuant to this Act, regional,
provincial, city, and municipal Disaster Risk Reduction and Management (DRRM)
councils and barangay DRRM committees were also created. Among other
provisions, RA 10121 also mandated DRRM Education in secondary and tertiary
education as well as in the Sangguniang Kabataan along with the Mandatory DRRM
training for public sector employees (Section 14).
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WRIT OF KALIKASAN
Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC, 29 April
2010): The Writ of Kalikasan (A.M. No. 09-6-8-SC Rule 7) is one of the two (2)
special civil actions that any person or entity can avail of whenever their
constitutional right to a balanced and healthy environment is violated or
threatened. The other civil action that can be availed of is the Writ for
Continuing Mandamus (A.M. No. 09-6-8-SC Rule 8) which applies when a government
agency or officer violates an environmental policy.
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REPUBLIC ACT 9729 CLIMATE CHANGE ACT OF 2009
In light of the climate vulnerability of the Philippines and its people,
the Climate Change Act of 2009 integrates climate change adaptation and
mitigation strategies into policy formulation and development activities of all
government agencies. It also created the Climate Change Commission, chaired by
the President of the Republic of the Philippines, as the central entity for all
climate change-related plans and programs in the country.
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REPUBLIC ACT 9003 ECOLOGICAL SOLID WASTE MANAGEMENT
ACT OF 2000
In partnership with stakeholders, the law aims to adopt a systematic,
comprehensive, and ecological solid waste management program that shall ensure
the protection of public health and the environment. The law ensures proper
segregation, collection, storage, treatment, and disposal of solid waste
through the formulation and adaptation of the best eco-waste products.
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REPUBLIC ACT 9275 PHILIPPINE CLEAN WATER ACT OF 2004
The law aims to protect the country's water bodies from pollution from
land-based sources (industries and commercial establishments, agriculture, and
community/household activities). It provides for a comprehensive and integrated
strategy to prevent and minimize pollution through a multi-sectoral and
participatory approach involving all the stakeholders.
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REPUBLIC ACT 8749 PHILIPPINE CLEAN AIR ACT OF 1999
The law aims to achieve and maintain clean air that meets the National
Air Quality guideline values for criteria pollutants, throughout the
Philippines while minimizing the possible associated impacts to the economy.
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REPUBLIC ACT 7611STRATEGIC ENVIRONMENTAL PLAN FOR
PALAWAN ACT OF 1992
The Strategic Environmental Plan (SEP) is “a comprehensive framework for
the sustainable development of Palawan.” All projects of government agencies,
from planning to implementation, in the province should be coordinated and
aligned to this framework. The main strategy here is to establish an
“Environmentally Critical Areas Network” or ECAN which is a graded system of
protective control over all terrestrial and marine natural resources, as well
as the tribal ancestral lands in Palawan. The Palawan Council for Sustainable
Development (PCSD) was created pursuant to this policy.
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REPUBLIC ACT 6969 TOXIC SUBSTANCES, HAZARDOUS, AND
NUCLEAR WASTE CONTROL ACT OF 1990
The law aims to regulate restrict or prohibit the importation,
manufacture, processing, sale, distribution, use, and disposal of chemical
substances and mixtures that present unreasonable risk to human health. It
likewise prohibits the entry, even in transit, of hazardous and nuclear wastes
and their disposal into the Philippine territorial limits for whatever purpose;
and to provide advancement and facilitate research and studies on toxic
chemicals.
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PRESIDENTIAL DECREE 1586 ENVIRONMENTAL IMPACT
STATEMENT (EIS) STATEMENT OF 1978
The Environment Impact Assessment System was formally established in
1978 with the enactment of Presidential Decree No. 1586 to facilitate the
attainment and maintenance of a rational and orderly balance between
socio-economic development and environmental protection. EIA is a planning and
management tool that will help the government, decision-makers, the proponents
and the affected community address the negative consequences or risks on the
environment. The process assures the implementation of environment-friendly
projects.
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PRESIDENTIAL DECREE 1067 WATER CODE OF THE PHILIPPINES
The Water Code of the Philippines governs the ownership, allocation, utilization, control, conservation, and overall administration of all waters and water resources in the country through the National Water Resources Board. Filipinos of legal age and entities, including government agencies, must acquire a water permit (the written evidence of having a water right) to be able to appropriate and use water. Any activities affecting water resources shall likewise acquire a permit first.
The water permit specifies among others the
(1) maximum amount and rate as well as the schedule of water diversion or withdrawal,
(2) location of wells,
(3) place of use, and
(4) purpose/s of water use
The streambank easement zones of three (3) meters for urban areas,
twenty (20) meters for agricultural areas, and forty (40) meters for forest
areas along the entire length of the rivers and streams are also mandated under
Article 51 of this Code.
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PRESIDENTIAL DECREE 979 MARINE POLLUTION DECREE
Pursuant to this policy, dumping of wastes and other hazardous matter
into the ocean and inland waters of the Philippines is considered unlawful
unless due to unavoidable accidents or otherwise prescribed by the National
Pollution Control Commission or the Philippine Coast Guard.
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PRESIDENTIAL DECREE 856 ENVIRONMENTAL LAWS AND
POLICIES ON WASTE AND POLLUTION – PHILIPPINE SANITATION CODE
The
Philippine Sanitation Code sets sanitary standards for drinking water, food and
other business establishments, industrial hygiene, schools, health services,
markets, slaughterhouses, transport vehicles, terminals and other service
stations, and lodging areas and infrastructures among many others. It regulates
nuisances (anything that injures health, endangers life, offends senses, or
produces discomfort to the community), and activities concerning dead persons,
their funerals, and remains. Importantly, it regulates other forms of pollution
not covered in the above-mentioned places like that caused by certain
substances, radiation, noise, and biological pollutants among others. It also
sets the requirements for the collection of sewage, operation of sewerage works
and sewage treatment plants, construction of septic tanks, and disposal of
septic tank effluents (Chapter XVII).