Module 9

ENVIRONMETAL LAWS AND POLICIES

Topic Learning Objectives

Upon completion of the lesson, the students should be able to:
1. Learned the different laws and policies on the preservation of the planet earth,;
2. Be guided with the rules and regulation on the preservation of the ecosystem,
3. Identify the different international and local laws and policies for the protection of
the environment and attainment of sustainable development
4. Discuss the importance of the government rules and regulation,
5. Be familiar with existing laws on environmental preservation.

Topic I. International Environmental Law

Introduction

International environmental law is a body of international law concerned with

protecting the environment, primarily through bilateral and multilateral international
agreements. International environmental law was developed as a subset of international
law in the middle of the twentieth century. Although conservation movements developed
in many nations during the nineteenth century, these movements typically only
addressed the environmental concerns within a single nation. A growing body of
environmental scientific evidence from the 1950s and 1960s, however, illustrated global
environmental stresses, along with the need for a multinational solution to
environmental issues. Scientific research established that air and water pollution,
overfishing, and other environmental issues often have effects that reach far beyond the
borders of any particular nation. By the late-1960s, the international community realized
that an international approach to environmental issues was required.

Historical Background and Scientific Foundations

International environmental law is derived primarily from three sources:

a. Customary international law refers to a set of unwritten laws that have arisen
from widespread custom and usage among nations. Examples of
environmental international customary law include warning a neighboring
nation about a major accident that could affect its environment.

b. International treaties are the most recent, and most effective, source of
international environmental law. The sovereignty of nations persists as the
primary obstacle to all forms of international law. The principle of sovereignty
 holds that every nation has complete control over the activities within its
borders unless that nation agrees to relinquish some control. Nations typically
abrogate (eliminate) part of their sovereignty through bilateral or multilateral
international treaties

c. Decisions by international courts or arbitrators, such as the International

Court of Justice or the International Tribunal for the Law of the Sea, also
shape international environmental law. The Trail Smelter Arbitration case of
1938 and 1941, one of the earliest international environmental law cases,
involved a dispute between the United States and Canada over air
pollution from a Canadian smelting factory. The pollution blew across the
American-Canadian border and destroyed crops in the State of Washington.
After 15 years, an international arbitration panel established the “polluter pays
principle,” a key foundation of international environmental law. The polluter
pays principle holds that if pollution from one nation causes harm in another
nation, then the polluter nation must pay to remedy the damage.

Discussion:

A. INTERNATIONAL ENVIRONMENTAL LAWS

International Environmental Law is a branch of “International Law” which consists

of rules relevant to the environment. It aims at protection of environment and attainment
of sustainable development.

- It is a complex interlocking body of statutes, common laws, treaties,

conventions, regulation and policies.

- Operate to regulate the interaction of humanity and the rest of the biophysical or
natural environment

- Purpose of reducing or minimizing the impacts of human activity, both in the

natural environment for its own sake, and on humanity itself.

Principles Influencing Environmental Laws

a. Environmentalism

b. Ecology, conservation, stewardship, responsibility and sustainability

Areas of Concern

 Air quality and water quality

 Global climate change
 Agriculture
 Biodiversity and species protection
 Pesticides and hazardous chemicals
 Waste management and remediation of contaminated land
 Management of public lands and natural resources

General Function of Environmental Laws

 Set offenses and penalties for causing harm to the environment which is not
authorized.
 Assess, control or stop certain activities before they are carried out.
 Set policies and standards for how activities will be controlled and how
environmental decisions and approval 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.
 Create specialist courts and tribunals.

Five most effective environmental legislation are;

a. the Clean Air Act,

b. the Endangered Species Act,
c. the Montreal Protocol,
d. the Clean Water Act, and
e. Reformation Plan No. 3 of 1970.

Six major sources (doctrines) of Environmental laws

a. nuisance,
b. trespass,
c. negligence,
d. strict liability,
e. prior appropriation, and
f. riparian rights

Seven (7) principles of environment

1.) Nature knows best. ...

2.) All forms of life are important. ...
 3.) Everything is connected to everything else. ...
4.) Everything changes. ...
5.) Everything must go somewhere. ...
6.) Ours is a finite earth. ...
7.) Nature is beautiful and we are stewards of God's creation

While their legal status varies, these principles are important for several reasons.
First, they provide a framework to negotiate new environmental treaties and implement
existing ones. ... Finally, some principles may be useful in
integrating environmental issues with other branches of international law.

Environmental Laws and Policies. Contains the State's obligation to protect

and advance the right of the people to a balanced and healthful ecology (Article 2,
Section 15 and 16). Certain sections strengthen the role of LGUs in
the environmental governance of the country.

IMPORTANCE OF ENVIRONMENTAL LAWS:

Laws are put in place for many reasons. Some are for public goods, health ,
and protection. Others are put in place to avoid other forms of harm. Environmental
laws are enacted inside borders and as trans-border measure for many reason with
public health and resource protection being among the most common;

 For Health of Current generations

 For Health and Future generations
 Maintaining Resources and Lifestyle
 For Ecology
 Financial Issues
 “Future Proofing” Our World

International environmental policy covers a number of issues such as: climate

protection, sustainable energy policy, preservation of biological diversity and the
conservation of forests, seas and soils. Further related issues are desertification,
sustainable waste management and protection against hazardous substances.

Environmental protocol is a type of international law. An intergovernmental

document intended as legally branding with a primary stated purpose of preventing or
managing human impact on natural resources.

Environmental policy the commitment of an organization to laws, regulations

and other policy mechanism concerning environmental issues and sustainability.
ENVIRONMENTAL TREATIES:

1. Convention for the preservation of pollution of the sea by oil. (1962)

2. The RAMSAR convention (1971)
3. Marpol convention (1973)
4. Convention on International Trade in Endangered Species ( CITES ,1973)
5. Trans-boundary Air Pollution (1972)
6. Montreal Protocol (1987)
7. Convention of Biological Diversity (1992)
8. UN Framework Convention on Climate Change (1992)
9. UN Convention to Combat Desertification
10. Kyoto Protocol (1997)

INTERNATIONAL ENVIRONMENTAL LAWS

There are so many international environmental laws that it is difficult to list them
all to cover the magnitude of areas that they are cover. However, here are some of the
most common agreements made across borders;

1. Aarhus Convention

To give the full name Convention on Access to Information, Public

participation in decision making and access to justice in environmental matters.
It was signed by 46 states and 28 European Union member states, coming into
force on the 30th of October 2001. Its main provision is the granting of the right
of information of environment issues to citizens of the signatory nations.

2. Biological Weapons Convention

An understanding that the use of biological weapons harms human health

and have long-term effects on ecology, the BWC was the first agreement to
completely ban a specific type of weapon. It become effective in 1975 and in
2008 it has 180 signatories.

3. Convention on Biological Diversity

Maintaining conservation and promoting biodiversity as part of the three

major components to this treaty, the other two being sustainability of natural
resources, and equity n benefit sharing. It came into effect in 1993.

4. Convention on the Conservation of the Antarctic Marine living Resources

The world last continent was already subject to International protection

and an agreement that no one country could claim it (Antarctic Treaty 1959)
 when the convention in 1980 put in place protection for its unique marine ecology
to protect environmental integrity. Similar convention exist in other ecologically
rich and delicate areas around the globe.

5. Convention on Fishing and Conservation of Living Resources of the High Seas

Fish stock is an international resources. While countries manage and fish

their own stocks within their own borders and waters, shared rights exist in
international waters. International co-operation for the conservation of marine
species on the high seas.

6. Convention on Long-Range Trans-boundary Air Pollution

Air pollution in one country is rarely limited in its effect to the other
country. Air pollution requires international agreement to tackle and control.
Virtually all northern hemisphere countries are signatories or have ratified this
convention.

7. Framework Convention on Climate Chang

This is the convention behind the Kyoto Protocol (1997) and the Paris
Agreement (2015) and behind the Inter-governmental panel on Climate
Change. Their aim is to monitor all issues concerning climate change and to
suggest treaties and laws for mitigation and reduction global temperature.

8. US-Canada Air Quality Agreement

This treaty involving just two countries was designed in 1980’s and came
into effect in 1991. During negotiations , the media referred to it as the “Acid
Rain Treaty”. That was its major reason for being, but it addressed several issue
in the need to create a healthy environment in North America.

9. Vienna Convention for the Protection of the Ozone Layer

The 1980 and the 1990’s were critical to many changes in international
standards. One of the biggest problems from this era was the use of the CFC’s
which were soon discovered as damaging to the Ozone Layer, the protective
layer of the gas in the upper atmosphere. This international treaty banned their
use in most cases in a move designed to restore atmospheric safety..

10. World Heritage Convention Concerning the Protection of the World Cultural and
Natural Heritage

The ground breaking treaty from the 1970’s is responsible for the
foundation of UNESCO international protection of natural wonders and historic
 monuments deemed ot outmost importance to humanity. It created the World
Heritage list which consists of cultural monuments and natural features.

Topic II. PHILIPPINE ENVIRONMENTAL LAWS AND POLICIES

LAWS:
1. Republic Act 8749 ( Clean air Act of 1999)
It is a comprehensive air quality management policy and program ,which
aim to achieve and maintain healthy air for Filipinos.

2. Republic Act 6969 (Toxic Substances and Hazardous and Nuclear Waste Control
Act)
- authorizes the DENR to establish a program to regulate, restrict or prohibit the
importation, manufacture, processing, sale, destruction, use and disposal of chemical
substances, and mixture that present unreasonable risk and/or injury to health or the
environment.
-
3. Republic Act 9275 ( Philippine Clean Water Act .2004)
An act providing a comprehensive water quality management and for
other purposes.

4. Republic Act 9729 ( Climate Change Act of 2009)

An act mainstreaming climate change into government policy
formulations, establishing the framework strategy and program on climate
change, creating for this purpose the climate commission, and for other
purposes.

5. Republic Act 9003 ( Solid Waste Management Act . 2001)

An Act providing for an ecological solid waste management program,
creating the necessary institutional mechanism and incentives, declaring
certain acts prohibited and providing penalties appropriating funds
therefor, and for other purposes.
6. Republic Act 9512 (Environmental Awareness and Education Act. 2008)
To protect and advance the right of the people to a balance and healthful
ecology in accord with the rhythm and harmony of nature, and in
 recognition of the vital role of the youth in nation building and the role of
education to poster patriotism and nationalism
7. Republic Act 8550 (Fisheries Code of 1998)
An act providing for the development , management and conservation of
the fisheries and aquatic resources, integrating all laws pertinent thereto,
and other purposes.

8. Republic Act 7942 (Philippine Mining Act of 1995)

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

9. Republic Act 8485 ( animal Welfare Act of 1998)

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 object of trade or as household pets.(Any form of cruelty
shall be penalized.

10. Republic Act 9175 ( CHAIN Saw Act 2002

An act regulating the ownership, possession, sale , importation and use of
chain saw, penalizing violation thereof and for other purposes.

PRESIDENTIAL DECREES:

1. P.D 1151 ( Philippines Environmental Policy)

Governs the general policies on the pursuit 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.
2. P.D 1152 ( Philippine Environmental Code )
The purpose is to achieve and maintain 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.
3. P.D 389 ( Forestry Reform Code)
Section 37 . of the code state the protection of all resources. All
measures shall be taken to protect the forest resources from destruction,
impairment and depletion.
4. P.D 1067 ( Water Code of the Philippine)
Adopting the basic law governing the ownership, appropriation,
utilization, exploitation, development, conservation and protection of
water resources and right to land related thereto.

5. P.D 984 ( National Pollution Control Decree of 1976)

A national policy to prevent , abate and control pollution of air, water
and land for more effective utilization of the resources of this country.
6. P.D1586 (Environmental Impact Statement System)
A policy of the state to attain and maintain a national and orderly balance
between socio-economic growth and environmental protection.

WORDS TO KNOW

ABATEMENT: The process of reducing the quantity, intensity, or saturation of a

pollutant or other harmful substance by way of treatment.
ACIDIFICATION; Reducing the pH rating of a sub stance making it more acidic in
nature,
AIR EMISSION: any gas emitted into the atmosphere from industrial or commercial
activity. Typically used in conjunction with “ green house gas”but some emission are
not GHG’s

BIODEGRADABLE: used to describe substances and the ability of the microorganism

to break it down.

BIODIVERSITY: the range of species in an ecology, examining population number of

each species, number of species, the balance between predator and prey, and the food
chain.

BIOMASS: the sum total of the vegetation in a given ecological area.

BIOSPHERE: All life-forms on Earth and the interactions among those life-forms.

CONSERVATION: The act of using natural resources in a way that ensures that they
will be available to future generations.

CHLOROFLUOROCARBONS (CFC’s) a group of inert chemical used in many

industrial and every day processes such as the refrigerators that are not broken down or
lower atmospheric level and rise to the upper level, destroying
CLIMATE CHANGE: the process by which the climate changes due to “forcing”..
These can be natural events or, as the case at present , the result of industrial e actions
in increasing greenhouse gases and reducing the carbon sinks.

ECOSYSTEM: The community of individuals and the physical components of the

environment in a certain area.

FAUNA: The animal life existing in a defined area.

FLORA: The plant life of an area.

GREENHOUSE GAS: A gas whose accumulation in the atmosphere increases heat

retention.

HAZARDOUS SUBSTANCE; any organic or inorganic material that can damage

human health or the environment.

OZONE LAYER: protective layer of gas in the upper atmosphere that absorb the sun’s
harmful radiation. Its depletion was one of the major problem of the 1980’s

NON-GOVERNMENTAL ORGANIZATION (NGO): A voluntary organization that is not

part of any government; often organized to address a specific issue or perform a
humanitarian function.

SUSTAINABLE DEVELOPMENT: Development (i.e., increased or intensified economic

activity; sometimes used as a synonym for industrialization) that meets the cultural and
physical needs of the present generation of persons without damaging the ability of
future generations to meet their own needs.