A LEGAL ARSENAL FOR THE PHILIPPINE ENVIRONMENT

ANTONIO A. OPOSA, JR.

Published by CENTRAL BOOK SUPPLY, INC. 927 Quezon Avenue, Quezon City Philippines

INTERNATIONAL COMMITMENTS

INTERNATIONAL COMMITMENTS
CHAPTER CONTENTS
CONSTITUTIONAL PROVISIONS ON INTERNATIONAL LAW International Environmental Principles, 1074 INTERNATIONAL ENVIRONMENTAL COMMITMENTS OF THE PHILIPPINES General Agreements, 1076 UN General Assembly Resolution, 1076 Stockholm Declaration, 1077 UN World Charter on Nature, 1078 UN Conference on Environment and Development, 1079 Agenda 21, 1079 THE ATMOSPHERE Convention on the Protection of the Ozone Layer, 1081 Protocol on Substances that Deplete the Ozone Layer, 1081 UN Framework Convention on Climate Change, 1083 Kyoto Protocol to Climate Change Convention, 1084 Stockholm Convention on Persistent Organic Pollutants (POPs), 1085 THE HYDROSPHERE Convention on the Prevention of Marine Pollution, 1085 UN Convention on the Law of the Sea, 1086 THE BIOSPHERE Management and Conservation of Forests, 1090 Convention for the Protection of the World Cultural and Natural Heritage, 1091 Convention on International Trade in Endangered Species, 1092 Convention on the Conservation of Migratory Species of Wild Animals, 1094 Convention on Biological Diversity, 1094 ASEAN Agreement on the Conservation of Nature and Natural Resources, 1095 ENVIRONMENTAL THREATS Trans-boundary Movements of Hazardous Wastes, 1097 Treaty Banning Nuclear Weapon Tests, 1099 Trans-boundary Movement of Radioactive Waste, 1100 Convention on Civil Liability for Nuclear Damage, 1100 Protocol 1 Additional to the General Convention of August 12, 1949, 1102 FAO Code of Conduct on the Distribution and Use of Pesticides, 1102 The Agreement Establishing the World Trade Organization, 1104 World Bank Operational Directive on the Environmental Assessment, 1105

CHAPTER VIII:

INTERNATIONAL COMMITMENTS

Constitutional Provisions on International Law Art II, Section 2 The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the land and adheres to the policy of peace, equity, justice, freedom, cooperation and amity with all nations.

What we do today, right now, will have an accumulated effect on all of our tomorrows. Alexandra Stoddard, author, interior designer and philosopher of contemporary living. (A. Oposa, Picture of the boat Sail and Dive 1 during the 2007 Visayan Sea Expedition)

Art. II, Section 7 The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and right to self-determination. Art. VII, Section 21 No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all Members of the Senate. 1073

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Art. VIII, Section 5 The Supreme Court shall have the following powers: 2. Review, revise, modify, or affirm on appeal on certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: a. All cases in which the constitutionality or validity of any treaty, international (or executive) agreement, law, presidential decree, proclamation, order, instruction, ordinance, regulation is in question. (Parenthesis supplied) International Environmental Principles
1

1. Principles shaping global environmental and development instruments a. Right to Life and a Healthy Environment b. State Sovereignty c. e. f. Right to Development Common Heritage of humankind Common Concern d. Sustainable Development

g. The Obligation not to Cause Environmental Harm h. Intergenerational and Intragenerational Equity i. j. l. Common but Differentiated Responsibilities Precautionary Principle Principle of Subsidiarity

k. Duty to Assess (Environmental Impact Assessment)

2. Principles Relating to Transboundary Environmental Disputes a. Peaceful Resolution of Disputes b. Good Neighborliness and Duty to Cooperate c. e. f. The Duty not to Cause Environmental Harm Duty to Notify and Consult Environmental Impact Assessment d. State Responsibility

g. Equitable Utilization of Shared Resources

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A complete e-copy of the Revised Code is available at http://www.fao.org/WAICENT/ FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Code/PM_Code.htm

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h. Nondiscrimination of Environmental Harms i. 3. Equal Right of Access to Justice

Principles for Developing National Environmental Laws a. Duty to Implement Effective Environmental Legislation b. Polluter and User Pays Principle c. e. Pollution Prevention Access to Information d. Public Participation

4. Principles Governing International Institutions a. Environmental Impact Assessment b. Access to Information c. Public Participation

Eventually well realize that if we destroy the ecosystem, we destroy ourselves. Jonas Salk, American physician and microbiologist, 1914-95. (Y. Lee)

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International Environmental Commitments of the Philippines2

GENERAL AGREEMENTS
UN General Assembly Resolution 1803

(On Permanent Sovereignty over Natural Resources) (December 14, 1962) Resolution 1803 was designed to balance a 1960s conflict of interests. On the one hand was the issue of national sovereignty of developing countries over their resources. On the other was the security sought by foreign investors. The resolution answers the right of peoples and states to permanent sovereignty over their natural wealth and resources. This right is subject to the national development and the well-being of the people of the State concerned. As provided for in the resolution, there is no limitation on this right, if the basis is environmental matters. International economic development is to be based upon respect for the aid-recipients permanent sovereignty over natural wealth and resources. Violations of this right are contrary to the UN charter. In any case of It is good to realize that if love and peace can prevail on earth, and expropriation, nationaif we can teach our children to honor natures gifts, the joys and lization, or requisition beauties of the outdoors will be here forever. Jimmy Carter of property, which (T. Cayton) must be based upon grounds of public utility, national security, or national interest, appropriate compensation must be paid in accordance with international law. Web Reference: <http://www.unhchr.ch/html/menu3/b/c_natres.htm>
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2

Amended by Sec. 1 of E.O. 175.

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Stockholm Declaration of the United Nations Conference on the Human Environment (June 16, 1972) In General Pursuant to UN General Assembly Resolution 2389 (XXIII) of December 3, 1968, the UN Conference on the Human Environment (UNCHE) was held in Stockholm from June 5 to 16, 1972. Declaration of Principles and Action Plan The Conference adopted a Declaration of Principles for the Preservation and Enhancement of the Human Environment and an action plan consisting of 109 recommendations for environmental action at the international level. The Declaration of Principles is based on a draft declaration prepared by the Preparatory Committee for the Conference. It is a compromise between those delegates who believed that the declaration should serve primarily to stimulate public awareness of, and concern over, environmental issues, and those delegates who insisted that the declaration should provide specific guidelines for future environmental and intergovernmental action. Principle 21 On the issue of transfrontier It is horrifying that we have to fight our own pollution, Principles 21 and 22 are government to save the environment. Ansel the most significant. Principle 21 Adams affirms the responsibility of states to ensure that activities within their jurisdiction do not cause damage in another state or beyond national jurisdiction, such as in outer space or on the high seas. This responsibility extends also to activities under a states control, such as those carried out by its nationals or by or on ships registered in its territory. Principle 22 Principle 22 requires states to cooperate in developing international environmental law. Web Reference: http://www.unep.org/dpdl/Law/PDF/Stockholm_Declaration.pdf 1077

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UN General Assembly Resolution on a World Charter on Nature (October 28, 1982)

I never was on the dull, tame shore, But I loved the great sea more and more. Barry Cornwall, The Sea (A. Oposa, School of the Seas)

Principles The World Charter for Nature (Charter) contains guiding principles, as follows: (1) respect for nature, (2) safeguarding of habitats necessary to maintain sufficient population levels for the survival of all life forms, (3) protection of unique areas, representative samples of all ecosystems, and of habitats of rare or endangered species, and (4) utilization of mans environment so as to maintain optimal sustainability productivity while maintaining the integrity of all ecosystems and species. The Charter seeks to find implementation of the principles through national legislation and international practice. To realize the principles, the charter sets out several specific requirements, including (a) taking account, during the planning stages, of the effect of economic development of natural resources, and (b) controlling activities which risk harming nature by using best available technologies, avoiding discharging pollutants. To implement the Charters objectives, states are mandated to disseminate information on nature which encourage public consultation and participation in all planning decisions, provide funding for the conservation of nature, and make available remedies for harm to a persons environment. Web Reference: 1078 < http://www.un.org/documents/ga/res/37/a37r007.htm >

INTERNATIONAL ENVIRONMENTAL COMMITMENTS OF THE PHILIPPINES

United Nations Conference on Environment and Development Declaration on Environment and Development (June 3-14, 1992, Rio de Janeiro) Sustainable Development Adopted in 1992, the Rio Declaration focuses on sustainable development. The term means mans entitlement to a healthy and productive life in harmony with nature. Furthermore, it means that the right to development is tempered by the integration of environmental protection into the development process. It also envisages the eradication of poverty. Consequently, adoption of the concept of sustainable development means that countries must bear a common but differentiated responsibility. The concept also underscores the participation of indigenous peoples in the development process. Environment and Development Like the Stockholm Declaration, the Rio Declaration recognizes and expands upon the relationship between the international economic order and environmental degradation. The special needs of developing countries are recognized and are given priority. All countries interests should be addressed by international efforts in matters concerning environment and development. The declaration encourages an open international economic system where trade restrictions for environmental purposes do not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Web Reference: <http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm > Agenda 21 Chapters 38 and 39 (June 16, 1992, Rio de Janeiro) Objectives Agenda 21 was adopted at the United Nations Conference on Environment and Development (UNCED). It aims to set the direction for policymakers on a vast array of environment and development issues into the next millennium. Institutional and legal matters are important concerns of Agenda 21. Chapter 38 Chapter 38 of Agenda 21 entitled International Institutional Arrangements aims to integrate environment and development issues into all levels of national and international arrangements. Particular emphasis is placed on mobilizing the UN system. It is

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proposed that the UN General Assembly, with the assistance of the Economic and Social Council (ECOSOC) should regularly review and appraise the implementation of Agenda 21. Two suggestions are made to enhance and rationalize intergovernmental decision-making capacity: the creation of a Commission on Sustainable Development to report to the General Assembly on matters of substance and coordination (the latter to be done through ECOSOC); or a revitalization of ECOSOC with either a subsidiary mechanism or the full utilization of its new high level and coordination segments. Other suggestions include a strong leadership role for the UN Secretary General, provisions of coordination functions by the Administrative Committee on Coordination, and the creation of a high-level advisory board composed of experts. It is suggested that the role of the United Nations Environmental Programme (UNEP) be enhanced in several priority areas, including developing international environmental law, promoting environmental matters throughout the UN system, promoting international cooperation; promoting widest possible use of environmental impact assessments, facilitating information exchange, providing technical, legal, and institutional advice, and supporting the integration of environment with development policies. The role of the United Nations Development Programmes (UNDP) role, following UNCED, should be to mobilize donor resources for capacity building in recipient countries, assist recipients in coordinating activities for the follow-up of UNCED, and assist in mobilizing domestic financial resources. Other UN bodies also have environmental mandates, including UNCTAD, the UN Sudano-Sahelian Office, and regional economic commissions. It is suggested that the UN system be of assistance to states in the national implementation of Agenda 21, both in the coherent integration of environment and development concerns and in the preparation of national reports. Enhanced cooperation and coordination between UN bodies and with international financial organizations are encouraged, as is participation of nongovernmental organizations in the review and evaluation of the implementation of Agenda 21. Chapter 39 Chapter 39, entitled International Legal Instruments and Mechanisms, suggests that international environmental law should be reviewed and developed so as to promote the efficacy of that law and the integration of environment and development policies. In particular, such efforts should achieve the following: address difficulties states face in implementing international agreements, set priorities for future lawmaking, develop multilateral environmental standards which can coexist with international trade rules, improve effectiveness of institutions, and prevent actual or potential conflicts between environmental and social/economic agreements. States should support the effective participation of all countries in the process by providing appropriate technical and financial assistance. The General Assembly and the International Committee of the Red Cross are suggested as the appropriate fora for considering the means to prevent wilfully caused large-scale destruction of the environment in times of war, which cannot be justified under international law. It is suggested that attention be

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paid to the possibility of setting differential obligations to reflect differing capacities of states to implement agreements. It is further that states consider making dispute prevention and settlement more effective by creating mechanisms for information exchange on matters that may give rise to disputes and by including within agreements clauses providing for the effective peaceful settlement of disputes. Web Reference: http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21chapter38.htm http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21chapter39.htm http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21toc.htm THE ATMOSPHERE Convention on the Protection of the Ozone Layer (March 22, 1985, Vienna) The Vienna Convention on the Protection of the Ozone Layer was negotiated under the auspices of the UNEP. It aims to protect humans and environment from the harmful effects of activities which modify the ozone layer. To achieve this goal, the convention requires parties to cooperate, according to their means, in research and legislative measures and to formulate standards, procedures and measures in the form of protocols and annexes. Parties are also required to facilitate the exchange of relevant scientific, technical, socioeconomic, commercial, and legal information. Another obligation is to facilitate the exchange of technology subject to applicable national law. Parties are required to report on the measures taken to implement the convention and protocols. Web Reference: < http://www.unep.ch/ozone/vc-text.shtml > Protocol on Substances that Deplete the Ozone Layer 3 (September 16, 1987, Montreal) In General The Montreal Protocol was agreed upon by the parties to the Vienna Convention for the Protection of the Ozone Layer. The protocol sets forth a timetable for the reduction of controlled substances which deplete the ozone layer and which have adverse effects on human health and the environment. The Convention establishes a formula for determining calculated levels of consumption and production of controlled substances based on the ozone depleting potential of each substance.
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3

Amended by Sec. 2 of E.O. 175.

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Formula Parties must ensure that in the year beginning seven months after entry into force of the protocol, calculated levels of consumption and production of controlled substances listed as group I in annex A do not exceed the calculated levels for that party in 1986. Levels of production may increase by 10 percent over the 1986 base if necessary to satisfy basic domestic needs or for transfer of a portion of one partys production to another, in order to satisfy basic domestic needs or achieve industrial rationalization. The same provisions apply to controlled substances listed as group II of annex A in the year beginning thirty-six months after the protocol enters into force. The protocol establishes other specific time limits. Special provision exists for parties with very low levels of production and consumption in 1986, and the special needs of developing countries are addressed by undertakings to provide access to environmentally safe alternative substances and financial aid Thats human nature. Nobody does anything until it's too for alternative technology. late. Michael Crichton, Prey Under specific circumstances, developing countries are also given an additional ten years to meet reduction goals. Requirements Parties are required to ban the import from and the export to states not party to the protocol of controlled substances and to discourage the export of technology for producing and utilizing controlled substances to non-parties. Parties are further required to cooperate in research, transfer of technology, and exchange of information. Miscellaneous Parties must report to the Secretariat on production and consumption of controlled substances. Web Reference: < http://www.unep.org/ozone/Montreal-Protocol/Montreal-Protocol2000.shtml > 1082

THE ATMOSPHERE

UN Framework Convention on Climate Change (May 9, 1992, New York) Objectives The ultimate objective of the UN Framework Convention on climate change is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. The convention requires all parties, in accordance with the differentiated responsibilities and capabilities, to (1) formulate and implement program which mitigate the adverse effects of climate change and facilitate adaptation to it; (2) promote and cooperate in developing of greenhouse gases; (3) promote sustainable management and conservation of sinks and reservoirs of all greenhouse gases; and (4) take account of climate change in social, economic, and environmental programs. Specific Requirements Specifically, developed country parties and countries of Central and Eastern Europe are required to take measures to limit their greenhouse gas emissions, with the aim of returning individually or jointly to their 1990 levels by the end of the decade (year 2000), and enhance their sinks and reservoirs. The conference of the parties is to review the adequacy of this last requirement at its first session with a view to amending it as appropriate. Developed country parties, not including parties from Central and Eastern Europe, are required to transfer new and additional financial resources to assist developing country parties in meeting the compliance costs of the requirements of the convention. These developed country parties are also required to assist developing country parties which are particularly vulnerable to the adverse effects of climate change in meeting the adaptation cost to those circumstances. These parties are further required to take all practical steps to transfer environmentally sound technology to developing country parties. 1083
True wisdom consists in not departing from nature and in molding our conduct according to her laws and model. Seneca, ancient Roman writer (Y. Lee)

INTERNATIONAL COMMITMENTS

In fulfilling their obligations, parties from Central and Eastern Europe are granted flexibility and the convention states that developing country parties will implement their obligations in accordance with the extent to which developed country parties have fulfilled their commitments to transfer financial resources and technology. Web Reference: < http://unfccc.int/not_assigned/b/items/1417.php > Kyoto Protocol to Climate Change Convention (11 December 1997)

We have nowhere else to go... this is all we have. Margaret Mead (A. Oposa)

The Protocol committed the industrialized nations to specified, legally binding reductions in emissions of six greenhouse gases. The Protocol states that these industrialized countries are committed individually or jointly to ensuring that their aggregate anthropogenic carbon dioxide equivalent emissions of greenhouse gases do not exceed amounts assigned to each country, with a view of reducing their overall emissions of such gases by at least 5% below 1990 levels in the commitment period 2008-2012. The six gases covered by the Protocol are carbon dioxide, methane, nitrous oxide, hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulphur hexafluoride (SF6). The most prominent of these and the most pervasive in human economic activity is carbon dioxide, produced when wood or fossil fuels such as oil, coal, gas are burned. The Protocol does call on all Partiesdeveloped and developing countries aliketo take a number of steps to formulate national and regional programs to improve local emission factors, activity data, models, and national inventories of greenhouse gas

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emissions and sinks that remove these gases from the atmosphere. All Parties are also committed to formulate, publish, and update climate change mitigation and adaption measures, and to cooperate in the promotion and transfer of environmentally-sound technologies and in scientific and technical research on the climate system. Stockholm Convention on Persistent Organic Pollutants (POPs) (22 May 2001, Stockholm, Sweden) The Convention bans outright 8 pesticidesaldrin, endrin, dieldrin, chordane, heptachlor, hexaclorobenzene, miresx and taxaphene. These chemicals are widely acknowledged to be hazardous to human health and the environment, because of their toxicity, because they resist degradation and thus persist for decades or longer, because they became concentrated in living tissue, and because they are transported globally at atmospheric and oceanic currents, and other transport modes. The treaty also immediately prohibits PCB (polycholorinated biphenyl) production and mandates a phase-out of ongoing uses overtime. With a goal of complete PCB phaseout by 2025, the treaty calls on countries to make determined efforts to remove from use all PCB-containing electrical transformers and other equipment. It also establishes a long-term goal of eliminating DDT (dicholordiphenyl tricloroethane) use but permits public health exceptions for its use in mosquito control to fight malaria. Developing countries without alternatives will continue to use DDT against malaria, until effective and affordable alternatives are available to them. The objective of the Convention is to eliminate or severely restrict production and use of this group of pesticides and industrial chemicals and ensure environmentally sound management and chemical transformation of POPs waste. It also seeks to prevent the mergence of new chemicals with POPs-like characteristics. This precautionary approach involves the establishment of a scientific POPs Review Committee to evaluate additional chemicals based on the criteria of toxicity, persistence, bioaccumulation, and long-range transport for inclusion into the treaty. Web Reference: < http://www.pops.int/ > THE HYDROSPHERE The Hydrosphere Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (December 19, 1972, London) Requirements for Dumping The London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter: (1) prohibits the dumping of wastes and other matter listed in annex I of the Convention, (2) requires a specific permit for dumping wastes and other matter listed in annex III. Wastes and other matter is defined broadly as any type of material of substance. The rules do not restrict a party from prohibiting dump-

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ing of any matter not included in annex I. Permits are subject to grants by national authorities in respect of all 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 its flag. Parties also undertake to develop rules governing liability and dispute settlement. Exceptions to the Conventions obligations are permitted for dumping in cases of extreme risk to human life, ships or aircraft and where no alternative other than dumping is apparent. In addition, the Convention does not apply to disposal of material in the normal operation of aircrafts, ships or other manmade structures or to materials disposed in the course of exploiting seabed resources. This will be replaced by the 1996 Protocol 30 days upon ratification by 26 countries, 15 of whom should be parties to the 1972 treaty. It provides a major change in regulating the use of the sea as a place for waste materials. It also introduces the concept of precautionary approach with regards to wastes being dumped into the sea. Web Reference: http://www.imo.org/Conventions/contents.asp?topic_id=258&doc_id=681#8 United Nations Convention on the Law of the Sea (December 10, 1982, Montego Bay)

The oceans are in trouble; the coasts are in trouble; our marine resources are in trouble. These are not challenges we can sweep aside. James Watkins, Admiral, US Navy (Ret.); head of US Commission on Ocean Policy (A. Oposa)

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Objective The 1982 UN Convention on the Law of the Sea (UNCLOS or Convention), negotiated under the auspices of the Third United Nations Conference on the Law of the Sea, aims to establish a comprehensive legal regime to govern activities in relation to the worlds seas and oceans. Rights of Innocent Passage and Regulations on Pollution The Convention affirms the right of innocent passage in territorial waters, subject to certain limitations: passage loses its innocence if a foreign vessel engages in act of willful and serious pollution contrary to Convention, and coastal states are entitled to adopt necessary laws relating to innocent passage for the purpose of the conservation of marine living resources and the protection of its marine environment. The Convention further provides that ships in passage must comply with internal regulations for the control of pollution. The Convention permits states bordering straits and archipelagic sea lanes to make laws to protect the environment against pollution. Access to Natural Resources and the EEZ The Convention establishes a regime of access to natural resources depending on where an activity takes place: within a states exclusive economic zone (EEZ) or on the high seas. In so doing, the Convention confers rights and duties upon states which reflect a balance between the interests of coastal states and others, including flag states, landlocked states and developing states. EEZs are areas of up to two hundred nautical miles from a states shore in which states are given the sovereign right to explore, exploit, conserve and manage all natural resources as well as the exclusive right to determine the total allowable catch (TAC) of living resources. If a state is unable to harvest its TAC, other states are to be granted access by agreement to those resources, subject to the conservation measures enacted by the coastal state. If a stock occurs within the EEZ of two states or within an EEZ and areas beyond, then the coastal and fishing states are required to agree on the necessary conservation and development measures. In the case of highly migratory species, the coastal and fishing states are to cooperate on measures to achieve their optimum utilization. With respect to marine mammals, coastal states are permitted to regulate their exploitation more strictly than required under the Convention. The Convention gives coastal states the responsibility for the conservation of anadromous species in whose waters they originate and for the management of catadromous species which spend the greater part of their life cycle in their waters. Landlocked and geographically disadvantaged states are granted rights to access to the surplus within an EEZ on an equitable basis through bilateral and multilateral agreements, except where a coastal states economy is overwhelmingly dependent upon the exploitation of the resources. Coastal states are empowered to enforce compliance of its rules enacted in conformity with the Convention by inspection, arrest and judicial proceedings against vessels and their crews. 1087

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The High Seas On the high seas, the Convention entitles all states not only to fish subject to treaty obligation and certain rights, duties and interests of coastal states, but also places on all states a duty to conserve living resources. The Convention requires all parties to cooperate in conservation and management measures of living resources on the high seas, and fishing states, in particular, are required to enter into negotiations on these measures. The Convention outlines the measures states are required to take in determining the allowable catch and establishing other conservation measures for living resources on the high seas. States bordering a semi-enclosed sea are encouraged to cooperate by coordinating their management, conservation, exploration, and exploitation of living resources, their protection and preservation of the marine environment, and their pursuit of scientific research policies. Exploitation of Seabed and Ocean Floors and the International Seabed Authority The Convention creates a regime which regulates the exploitation of the seabed and ocean floor beyond the limits of national jurisdiction. The underlying principle governing exploitation is that the area and its resources are the common heritage of mankind, which in this context entails the following: no state can exercise sovereignty over the area and all rights in the resources are vested in all of mankind; general conduct in the area must conform with the charter of the United Nations; all activities in the area are to be conducted for the benefit of mankind, with their benefits equitably shared 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 Authority and individual states are permitted to engage in scientific research in the area for peaceful purposes and are required to operate in promoting the transfer of technology to developing states. The Authority is required to adopt rules which will prevent, control, and reduce pollution, conserve the natural resources of the area, and protect the flora and fauna of the marine environment. The Convention outlines the policies relating to activities in the area, the underlying objectives being the fostering of the following: the healthy development of the world economy, the balanced growth of international trade, and increased cooperation for the development of all states, in particular developing states. The Convention provides the Authority with an active mandate to promote growth, efficiency and stability of commodities produced from materials derived from the area. A review conference is provided for, to occur fifteen years after the Conventions entry into force, which will ensure the maintenance of the principle of common heritage of mankind, the international regime designed to ensure equitable exploitation of the resources of the area for the benefit of all countries, especially developing states.

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Protection and Preservation Part XII of the Convention provides for the protection and preservation of the marine environment. States are required to protect and preserve the marine environment and their right to exploit their natural resources must be exercised in accordance with this obligation. States are required to take measures to prevent, reduce, and control pollution of the marine environment and must ensure that activities under their jurisdiction or control do not cause pollution in areas outside where they exercise sovereign rights. Notification, Assessment Monitoring, and

When a state becomes aware of imminent danger to the environment, it is required to promptly notify any other state which it considers may be affected and any competent international organization. The Convention also requires states to carry out environmental monitoring and assessment. Assistance to Developing States States are required to promote and provide scientific and technical assistance to developing states in respect of environmental matters. Developing states are also to benefit from preferences by international organizations for funds and services for the purpose of prevention, reduction and control of pollution. UNCLOS Requirements The Convention requires states to adopt laws and regulations to prevent, reduce, and control pollution from the following sources: land based sources, seabed activities, activities in the area; dumping; vessels; and from or through the atmosphere. The Conventions specific requirements

A nation that destroys its soils destroys itself. Forests are the lungs of our land, purifying the air and giving fresh strength to our people. Franklin Delano Roosevelt (A. Oposa)

differ according to the source of pollution, with 1089

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some involving individual state action and others involving international coordination, with some calling for compliance with existing international standards and others requiring those standards only to be taken into account. Other Requirements In addition, the Convention requires enforcement of the laws and regulations adopted by parties in relation to pollution from land based sources from seabed activities; 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; and coastal states. The Convention also provides safeguards against abuses of state enforcement powers. Web Reference: http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.htm THE BIOSPHERE Principles for a Global Consensus on the Management, Conservation, and Sustainable Development of All Types of Forests (June 13, 1992, Rio de Janeiro) Objectives The non-legally binding authoritative statement of principles for a global consensus on the management, conservation, and sustainable development of all types of forests, adopted at the United Nations Conference on Environment and Development (UNCED) and which applies to all forests, aims to (1) relate the subject of forests to the entire range of environmental and development issues and (2) have forestry issues examined in a balanced manner within the overall context of both the environment and development. The principles call for efforts to be undertaken towards greening the world and towards maintaining and increasing forest cover and productivity in ecologically and economically sound ways. Forest Management The principles affirm that states have the sovereign and inalienable right to utilize, manage, and develop their forests in accordance with their development needs and in a manner consistent with sustainable development. They state that sustainable economic, trade, and development policies and international aid should be integrated with forest conservation. Governments should promote and provide opportunities for the participation of interested parties in the development, implementation, and planning of national forest policies. States should, in addition, duly support the culture and rights of indigenous peoples and forest dwellers.

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Sustained and Environmentally Sound Development The principles encourage the promotion of a supportive international economic climate conducive to sustained and environmentally sound development of forests in all countries. The costs of forest conservation and sustainable development should be shared equitably by the international community. In particular, developing countries should receive new and additional financial resources to enable them to sustainably manage, conserve, and develop their forest resources. Agreed rules that are nondiscriminatory and consistent with international law should govern trade in all forest products and unilateral measures to restrict and/or ban international trade in forest products should be removed or avoided. The principles deem essential national, international, and regional institutional capabilities to the conservation and sustaintable development of forests and call for such capabilities to be strengthened. Web Reference: http://www.un.org/documents/ga/conf151/aconf15126-3annex3.htm

Convention for the Protection of the World Cultural and Natural Heritage
(17 October to 21 November 1972, Paris) In General The Convention for the Protection of the World Cultural and Natural Heritage was adopted under the auspices of United Nations Educational, Scientific and Cultural Organization (UNESCO). It applies to cultural heritage and natural heritage which is of outstanding universal value from several points of view. The Convention places the primary duty upon each state party to do all it can to identify, protect, present, and transmit the natural and cultural heritage to future generations. Each party is required to endeavor to include in its planning the protection of their cultural and natural heritage and to take appropriate measures to protect, conserve and rehabilitate this heritage. The Convention further places on the international community as a whole the duty to cooperate in the protection of such heritage, and, accordingly, parties undertake to provide assistance in the identification, protection, conservation, and preservation of cultural and natural heritage when so requested. The World Heritage Committee The Convention establishes the World Heritage Committee within UNESCO, composed of a limited number of experts elected by the parties meeting in General Assembly. On the basis of information submitted by parties, the definitions of cultural and natural heritage and its own criteria, the committee is to establish two lists: the World Heritage List and the List of World Heritage in Danger. The Committee receives re-

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quests for international assistance from parties for the protection, conservation, presentation or rehabilitation of their cultural and natural heritage, and decides on how the World Heritage Fund is to disburse funds. The Convention sets out the forms of international assistance which the Committee may provide and outlines the conditions and arrangements for such assistance. The World Heritage Fund The World Heritage Fund is composed of compulsory and voluntary contributions from parties and of other monies collected through fund-raising. The compulsory contributions are on a uniform basis as determined by a majority of parties present and voting at a General Assembly of the parties. The determination is subject to the rights of parties to declare, when depositing their instruments of ratification, acceptance or accession, that they are not bound by the provision of the Convention governing compulsory contributions, in which case they should still make regular contributions in amounts not less than what their compulsory contribution would have been. Non-payment of compulsory or voluntary contributions disqualifies a party from being a member of the Committee. There are five areas in the Philippines that have been declared among the World Heritage sites. These include the Baroque Churches of the Philippines (1993); the Tubbataha Reef Marine Park (1993); the Rice Terraces of the Philippine Cordilleras (1995); the Historic town of Vigan (1999); and, the Puerto-Princesa Subterranean River National Park (1999).

To know that even one life has breathed easier because you have lived, that is to have succeeded. Ralph Waldo Emerson

Web Reference: http://whc.unesco.org/world_he.htm Convention on International Trade in Endangered Species of Wild Flora and Fauna (March 3, 1973, Washington) In General The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is premised on the view that the control or elimination of international markets will contribute to the preservation of endangered species. It classifies species 1092

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by reference to their endangered status: those in appendix I are the most endangered and subject to the strictest trade regulation; those in appendix II are not currently endangered, but are at the risk of becoming so if unregulated trade continues; and those in appendix III are subject to control by national authorities so as to prevent and restrict their exploitation. System of Trade Permits Trade in listed species is subject to a system of import and export permits that is linked to input from scientific authorities and is supervised by national management authorities. Trade in species listed in appendix I is highly restricted and will only be permitted if (a) the Scientific Authority in the exporting country has determined that the export is not detrimental to the survival of the species and (b) the Management Authority of the importing state is satisfied that the import is not primarily for commercial purposes. The rules are less strict for trade in species listed in appendices II and III. Trade with non-parties is permissible so long as documentation comparable to the Conventions requirements is produced. The Conventions restrictions on trade in listed species do not interfere with a partys right to take stricter domestic measures, or the right of parties to comply with international agreements that reEverybody needs beauty as well as bread, places to play in gulate other aspects of trade. There are 28 animals in body and soul.John Muir the Philippines listed under Appendix I, 802 under Appendix II and one under Appendix I/II. These are enumerated in the table below. A complete list of these animals with their current CITES status and distribution is available at http://cites.org/eng/resources/species.html Web Reference: http://www.cites.org/
and pray in, where nature may heal and give strength to

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Convention on the Conservation of Migratory Species of Wild Animals (June 23, 1979, Bonn) The Convention on the Conservation of Migratory Species of Wild Animals applies to all species for which a significant proportion of the population habitually moves across national boundaries. Obligations of the parties depend upon the conservation status of the animals for which its territory is a range. For species that are the most endangered, range states are to endeavor to conserve and restore their habitats, prevent as appropriate activities which adversely affect the species, and prohibit taking except under very limited circumstances. If the species is not endangered but has an unfavorable conservation status, range states are encouraged to conclude agreements among themselves on measures to restore the conservation status of the species. The Convention provides guidelines for the content of these agreements.

Men have an extraordinary erroneous opinion of their position in Nature. William Somerset Maugham (1874-1965)

Web Reference:

http://www.cms.int/documents/convtxt/cms_convtxt.htm

Convention on Biological Diversity

(June 5, 1992, Rio de Janeiro) Objectives The Convention on Biological Diversity, adopted under the auspices of the UNEP is designed to protect the earths biodiversity by promoting its sustainable use and by ensuring that its benefits are shared equitably between the developing and developed worlds.

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The Convention affirms the applicability of Principle 21 of the Stockholm Declaration and provides for the states responsibility under the Convention for activities under its control both within national jurisdiction and without. Requirements The Convention imposes obligations upon states in relation to in situ conservation (within a species natural habitat) and ex situ conservation. The Convention requires parties to promote the sustainable use of biological resources by integrating this objective into national decision making, providing incentives, undertaking research and training, encouraging public education and requiring environmental impact assessment. Rights of Host State The Convention affirms the right of the host state to determine access to its biological resources and creates a presumption refutable by the host state that access must be subject to that states prior informed consent. It seeks to channel the benefits derived from the exploitation of biological resources to the state of origin by requiring the extracting party to share the proceeds and results of research in a fair and equitable way, as appropriate, and on mutually agreed terms. The Convention also provides for transfer of technology to developing countries, subject to existing patent and other intellectual property rights. Web Reference: http://www.biodiv.org/convention/default.shtml

ASEAN Agreement on the Conservation of Nature and Natural Resources

(July 9, 1985, Kuala Lumpur) 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 toward integrating conservation and development efforts. National governments undertake to adopt measures to maintain ecological processes, preserve genetic diversity and ensure sustainable development. All development plans will give full consideration to ecological factors in addition to economic and social factors. In addition to national action, parties will also coordinate their efforts to develop a conservation strategy for the region. Sustainable Use Parties shall conserve animal and plant species by establishing protected areas and gene banks, as well as by regulating, taking and the introduction of exotic species into ecosystems. The goal of sustainable use of harvested species shall be attained by implementing management plans for preventing disease and for restoring depleted

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populations. A permit system shall also be instituted to regulate harvesting and trade in harvested species. Appendix I of the Agreement lists endangered species deserving the special protection of stricter regulations. Conservation Controls shall be adopted to ensure the conservation of the vegetation cover and forest resources. Soil and water conservation will also be addressed through regulations and use policies. Parties also agree to take all appropriate measures towards air quality management compatible with sustainable development. As part of their conservation efforts, parties will institute measures to prevent environmental degradation and pollution. Land Use To implement the objectives of the Agreement, parties shall give particular attention to national land use planning. As appropriate, national parks and reserves shall be established as protected areas with buffer zones designated as necessary. Parties shall cooperate with each other to create a coordinated network of protected areas throughout the region. Parties also agree to promote conservation of natural areas by private owners, community and local authorities. Environmental Impact Assessment The parties undertake to carry out environmental impact assessments for any activity which may significantly affect the natural environment. If adverse effects are projected, parties will carry out the activity so as to overcome or minimize such adverse effects. The parties will also promote scientific research, monitoring efforts and information exchange. When appropriate, such activities shall be coordinated at an international level. The parties shall endeavor to promote education programs and encourage public participation in conservation efforts. Duty Not to Cause Harm The parties have the duty to ensure that no act within their jurisdiction causes harm to the environment beyond the limits of national jurisdiction. If any party becomes aware of an emergency situation, that party must inform the other parties. Web Reference: http://www.aseansec.org/1490.htm

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ENVIRONMENTAL THREATS Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal (March 22, 1989, Basel) In General The Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal regulates the transport and disposal of hazardous and other wastes and seeks to make such transport a matter of public record. The ultimate goal of the Convention is to protect human health and the environment from the dangers of such wastes, in application of the principle that wastes should be disposed of in the state where they were generated. The Convention is premised upon the belief that by requiring the generator to carry out duties regarding transport and disposal of the wastes, the amount of waste generated will be reduced. Definition of Wastes The Convention restates the right of every state to ban the entry of disposal of foreign hazardous wastes in its territory. For purposes of the Convention, wastes are defined as hazardous either by reference to categories set out in annex I, unless they do not possess 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 encompass household wastes or residue from the incineration from household wastes. Excluded from the Convention ambit are radioactive wastes and wastes discharged from the normal operation of ships so long as they are regulated by other international instruments. Parties exercising their right to prohibit the import of hazardous wastes are to inform the other parties and provide information on any national legislation pertaining to 1097

A man who lives with nature is used to violence and is companionable with death. There is more violence in an English hedgerow than in the meanest streets of a great city.P.D. James (Digital Vision)

INTERNATIONAL COMMITMENTS

the definition of hazardous waste. Each party must prohibit the export of such wastes to any state which has notified the party of its import prohibition. Trade in Hazardous Wastes

Natures great law, and law of all men's minds? To its own impulse every creature stirs; Live by thy light, and earth will live by hers! Matthew Arnold (A. Oposa)

Parties are required to take appropriate measures to ensure that the generation of hazardous 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 the wastes will not be managed in an environmentally sound manner. Parties must also prohibit the import from or export to states not party to the Convention of hazardous wastes, except if done under the authority of an international agreement which does not derogate from the Conventions provisions on environmentally sound management of wastes or stipulate provisions which are less environmentally sound. In addition, the disposal of hazardous waste south of 60 south latitude is prohibited. Any waste transported or disposed of in contravention of this Convention will be considered illegal traffic in waste and is to be made a criminal offense. Parties are permitted, in accordance with the objectives of the Convention and other rules of international law, to take

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stricter measures than required by the Convention in order to protect human health and the environment. Requirements for Movement of Wastes The Convention sets out the requirements for any transboundary movement of waste, including notification, packaging, authorization, and accompanying documentation. Movement of waste will only be permitted if the generating state does not have the technical capacity or suitable sites for disposal or if the importing state requires the waste as raw material for recycling or recovery industries. Before any transboundary movement is permissible, the state of export must notify the state of import and all states of transit. In return, the states of import and of transit must respond in writing consenting to the shipment. Conditions may be imposed. All shipments must be covered by insurance as required by the states of import or transit and if a shipment cannot be completed as planned, the state of export has a duty to take back the wastes and ensure their proper disposal. Cooperation of Parties and Establishment of Revolving Fund The parties agree to cooperate with each other regarding the exchange of information and technologies, monitoring and research and to assist developing countries in complying with the terms of the Convention. Any party with knowledge of an accident is to inform other states likely to be affected promptly. The establishment of a revolving fund is to be considered to assist in the event of an emergency. A protocol will be developed to address issues of liability. Web Reference: http://untreaty.un.org/English/TreatyEvent2002/Basel_Conv_16.htm Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water (August 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 by radioactive substances. Additionally, the Treaty is a step towards general disarmament. Parties undertake to prohibit, prevent, or not carry out any nuclear explosion in their jurisdiction or control, or in the atmosphere and beyond its limits, or under water. In addition, such tests are banned if they cause radioactive debris to be present outside the territorial limits of the state carrying out the test. Parties further undertake to refrain from participating in any nuclear explosion that would have the effects outlined above. Web Reference: http://lawofwar.org/space_treaty_banning_nuclear_weapons.htm

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IAEA Code of Practice on the International Trans-boundary Movement of Radioactive Waste (June 27, 1990) In General The International Atomic Energy Agency (IAEA) Code of Practice on the International Trans-boundary Movement of Radioactive Waste arose partly out of: (a) public reaction to unauthorized trans-boundary movement of radioactive waste to developing countries, 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 of radioactive waste it produces and that any radioactive waste under its jurisdiction or control should be safely managed and disposed of so as to protect human health and the environment. Against this background, the Code affirms the sovereign right of every state to prohibit the movement of radioactive waste on its territory. If a state does choose to involve itself in the transboundary movement of such waste, it should ensure that this takes place according to international safety standards and, subject to the relevant rules of international law, after the sending, receiving and transit states have all been notified of such movement and given their consent. States should establish an authority to regulate the transboundary movement of radioactive waste and should not permit the receipt of such waste unless it can manage and dispose of it in accordance with international safety standards. A corresponding duty is placed on the sending states consent, that the receiving state can manage and dispose of the waste according to international safety standards. If the transfer is not completed in accordance with the Code, the sending state should either readmit the waste or arrange a safe alternative for it. States should enact provisions of national law covering liability and compensation for damage caused by the transboundary movement of radioactive waste and noncompliance with the Code. Web Reference: http://www.iaea.or.at/http://www.globelaw.com/Nukes/iaeacod.htm

Convention on Civil Liability for Nuclear Damage (May 21, 1963, Vienna) Objectives The Vienna Convention was negotiated under the auspices of the International Atomic Energy Agency (IAEA). It is potentially of worldwide geographical application. Its purpose is to establish minimum standards to provide protection under national law against damage resulting from certain peaceful uses of nuclear energy. Pursuant to Article II, the operator of a nuclear installation is liable for nuclear damage upon proof that such damage was caused by a nuclear incident in the installation or, with certain limitations, in the course of carriage to or from the installation. The liability of the operator is absolute although provision is made for certain defenses and exceptions to liability. 1100

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Jurisdiction As a general rule, actions must be brought within ten years from the date of the nuclear incident and jurisdiction over actions lies only with the courts of the contracting state within whose territory the nuclear incident occurred. If an action is brought against a state itself, it may not, except in respect of measures of execution, invoke any jurisdictional immunities. Final judgments which are recognized are enforceable in the territory of any of the contracting states. Limitation of Liability The Vienna Convention permits the installation state to limit the liability of the operator, but in no event to less than US$5 million for any one nuclear incident. Operators are required to maintain insurance or other financial security. However, if the security is inadequate to satisfy claims, the Convention, in Article VII, provides that the installation state is required to meet any deficiencies up to the limit, if any, of the operators liability. No provision is made for further compensation beyond this limit by either the installation state or the parties jointly. Dispute Settlement The Optional Protocol establishes a dispute settlement mechanism. UnYour descendants shall gather your fruits. Virgil less some other form of settlement has been agreed (A. Oposa) upon by the parties within two months of any dispute, the International Court of Justice (ICJ) is given compulsory jurisdiction. Web Reference: http://www.iaea.org/Publications/Documents/Infcircs/1996/inf500.shtml

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Protocol 1 Additional to the General Convention of August 12, 1949 and Relating to the Protection of the Victims of Armed Conflict (June 8, 1977, Geneva) 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 environment by two techniques: (a) by setting standards and thresholds for permissible harm and (b) by establishing rules on targetry. The Protocol expressly prohibits intentional harm to the environment and the utilization of means and methods of warfare which may be expected to cause such harm. The threshold, above which harm to the environment is proscribed, is when it becomes widespread, long-term, and severe, and the population is threatened. All weapons, means, and methods of warfare are to be evaluated before use to determine their compliance with the Protocol and other international law. Parties are required to take precautionary measures as attackers to minimize attacks on civilian objects and as defenders to protect civilian objects from the effects of military operations. In addition, the environment is protected by the prohibition on attacks on certain objects. 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 direct support of military forces and derogation is permitted in defense of an invasion on a partys own territory. The protocol also protects dams, dikes and nuclear electrical generating stations from attack, subject to those objects not providing support for military operations. The protocol allows for the establishment of non-defended localities which may not be the object of attack and demilitarized zones to which military operations may not be extended unless otherwise agreed to by the belligerents. Hardcopy: 1125 United Nations Treaty Series (UNTS) 3

Web Reference: http://www.unhchr.ch/html/menu3/b/93.htm

FAO Code of Conduct on the Distribution and Use of Pesticides

Objectives The Code of Conduct on the Distribution and Use of Pesticides (Code) is a voluntary set of standards, adopted in 1985 under the auspices of the Food and Agricultural Organization (FAO). Amended in 1990, it regulates the manufacture, distribution, international trade, advertisement, and use of pesticides. It is based upon the belief that governments and the pesticides industry have a shared responsibility for protecting human health and the environment, and accordingly assigns specific tasks to each of them. Governments have the overall responsibility for regulating the distribution and 1102

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use of pesticides, while the pesticides industry should comply with the Code even in the absence of local legislation. Exporting countries and the pesticides industry are called upon to ensure that good trading practices are followed in the export of pesticides, particularly to countries without appropriate legislative or regulatory capacities. Actions of Governments The Code calls on governments to control the use and availability of pesticides. Governments should restrict pesticides when appropriate either by not registering them for use or by making them available only to specified users. In making their decisions regarding the importation of pesticides, the Code urges the avoidance of restrictions which are inconsistent with the General Agreement on Tariffs and Trade. In conjunction with the pesticides industry, governments should make provision for the safe storage and disposal of pesticides. The Pesticides Industry The pesticides industry should test pesticides in accordance with sound scientific procedures and ensure that all advertising is truthful and capable of substantiation. Public interest environmental groups and international organizations should call attention to deviations from the Codes advertising standards. The pesticides industry should further ensure that the ingredients in the pesticides conform with both FAO and World Health Organization (WHO) specifications and that the pesticides comply with FAO and WHO guidelines for packaging, storage and disposal. Even where a control scheme is in place, the pesticides industry should stop selling and should recall products when their safe use seems unattainable. Prior Informed Consent The Code establishes a Prior Informed Consent procedure, whereby the export of any pesticide which is banned or restricted for human health or environmental reasons in the exporting country should not take place without the agreement of the importing government. According to this procedure, notifications of national control actions are to be transmitted to the FAO and to importing states. The Code envisages the FAOs cooperation with UNEP in maintaining a database of control actions and decisions taken by participating governments. The information the FAO receives is passed on to all other participating governments. Importing governments then advise the FAO of their decision regarding the future acceptability of the pesticide concerned within their jurisdiction. Subsequently, exporting governments should devise their pesticide exporters of the relevant decisions of importing governments and should ensure that exports do not occur contrary to the wishes of importing governments. The Code seeks to ensure that governments monitor compliance with the Code and contemplates periodic review with a view to updating as conditions require.

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A revised version was approved in November 2002 by the 123 Session of the FAO Council. This was in lieu of the Rotterdam Convention, the changing policy and the persistence of certain pesticides especially in developing countries. It asserts the need to reduce risks associated with pesticides and the promotion of integrated pest manage4 ment and natural pest control system. Web Reference: http://www.fao.org/

The Agreement Establishing the World Trade Organization

(April 15, 1994, Marrackech) Institutional Framework The Agreement establishing the World Trade Organization, otherwise known as the WTO Agreement, provides the institutional framework for the conduct of trade among its members. It embodies the agreements made by member states since 1947. These include the 1947 General Agreement on Tariffs and Trade (GATT 1947), the Multilateral Trade Agreements, and the Plurilateral Trade Agreements. The Geneva-based World Trade Organization, or WTO, facilitates the implementation of the WTO Agreement and other multilateral and plurilateral trade agreements. The organization provides the forum for negotiations among its members on multilateral trade matters. These are listed in the annexes to the WTO Agreement. With exceptions under the WTO Agreement multilateral trade agreements, the organization is guided by the decisions, procedures, and practices of the GATT 1947. Article XX (General Exceptions) of the GATT 1947 is particularly relevant to International Environmental Law. It stipulates that, provided measures are not applied in a manner that constitutes arbitrary or unjustifiable discrimination between countries where the same conditions prevail or that they constitute a disguised restriction on international trade, nothing in the GATT should prevent the adoption or enforcement of measures: (i) to protect human, animal, or plant life or health; (ii) to conserve exhaustible natural resources, if such measures are taken together with restrictions on domestic production or consumption. Web Reference: http://www.wto.org/english/docs_e/legal_e/04-wto_e.htm http://www.wto.org/english/docs_e/legal_e/legal_e.htm#wtoagreement

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4

Amended by Sec. 3 of E.O. 175.

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World Bank Operational Directive 4.00 Annex A: Environmental Assessment Purpose

Nature has been for me, for as long as I remember, a source of solace, inspiration, adventure, and delight; a home, a teacher, a companion. Lorraine Anderson (A. Oposa)

The World Banks 1989 Operational Directive on Environmental Assessment is designed to disclose environmental issues arising from the Banks projects so that: (a) these issues can be addressed on a timely and practical fashion, (b) project conditionality can be reduced by incorporating these issues into the project design, and (c) costs and delays can be averted by otherwise unanticipated environmental problems. The environmental assessment process also examines the projects impact on health, cultural property and tribal people. The initial decision as to what form, if any, the environmental assessment should take is made by the Bank. However, the responsibility 1105

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for conducting the environmental directive provides that the Bank should assist and monitor the process, and should also provide training assistance to lenders so as to improve their capabilities in conducting environmental assessments. The operational directive provides for project-specific, regional, and sectoral environmental assessments. It also provides for narrower-focused alternatives to environmental assessment where appropriate. It also contemplates inter-agency coordination and the involvement of affected groups and NGOs in carrying out the environmental assessment. Overall Feasibility Study In most cases, the environmental assessment is to be part of the overall feasibility study of the project. The operational directive contemplates environmental assessments taking up between 5 to 10 percent of the cost of project preparation. The environmental assessments findings ultimately form the basis of the environmental clearance that precedes the authorization of negotiations by the Bank on the project concerned, and also for decisions regarding specific loan conditionally and for supervising the environmental aspects of the projects implementation. Web Reference: http://www.worldbank.org/html/oprmanual/ods/400a.html This was replaced by OD 4.01 in October 1991. This recommended that the Environmental Assessment Sourcebook, published in the World Banks Technical Papers Series during fiscal 1991-92, be used for guidance throughout the environmental assessment process. A complete e-copy of this sourcebook is available at http://wbln0018.worldbank.org/essd/kb.nsf/0/7832e0f340c396218525 66740074ea37/$FILE/no1ea.pdf

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