1.

PROVIDE LAWS WHERE PHILIPPINES PROVIDES FOR IMPLEMENTATION OF RAMSAR

CONVENTION

DENR, Convention on Biological Diversity, Convention on International Trade in Endangered Species

of Fauna and Flora (CITES), Convention on the Conservation of Migratory Species of Wild Animals
(CMS)

2. PRINCIPLE OF PRIOR INFORMED CONSENT

It is a mechanism for formally obtaining and disseminating the decisions of importing Parties as to
whether they wish to receive future shipments of those chemicals listed in Annex III of the Convention
and for ensuring compliance with these decisions by exporting Parties.
(Household wastes or incinerator ash)

All Parties are required to take a decision as to whether or not they will allow future import of each of
the chemicals in Annex III of the Convention. These decisions are known as import responses.

NOTE: Basel Convention

3. WHAT IS A PROTOCOL

A preliminary memorandum often formulated and signed by diplomatic negotiators as a basis for final
convention or treaty.

NOTE: Kyoto protocol

4. WHAT IS THE ROLE OF ARBITRATION IN PEACEFUL WAY OF SETTLING DISPUTES

Any party to a dispute may submit the dispute to the arbitral procedure provided for in this Annex by
written notification addressed to the other party or parties to the dispute. The notification shall be
accompanied by a statement of the claim and the grounds on which it is based.

The arbitral tribunal shall determine its own procedure, assuring to each party a full opportunity to be
heard and to present its case.

5. WHAT IS EEZ?

Exclusive economic zone provides that all water and land territories are governed by the country within
200 nautical miles from the said country.

NOTE: Scarborough Shoal (Philippines vs China)

6. PRINCIPLE OF COMMON HERITAGE OF MANKIND

Sovereignty in its widest sense means the supreme, absolute and uncontrollable power by which any
independent State is governed. Through the years, the concept of sovereignty has evolved to include not
only territorial sovereignty but permanent sovereignty over natural resources, as well. PSNR means the
State can freely dispose of its natural wealth and resources within its territory.

Proposals were made to characterize biological and genetic resources as well as the world’s forests as
the common heritage of humankind.

The general principle that ensues from all this is that the Earth’s biosphere is the common heritage of all
life on earth of which humanity is the steward.

7. MANAGEMENT OF HIGH SEAS RE UNCLOS

The general obligation of UNCLOS provides the States have the obligation to protect and preserve the
marine environment. The States has the right to exploit their natural resources pursuant to their
environment policies and in accordance with their duty to protect and preserve the marine environment.

The States shall take all measures consistent with this Convention and that are necessary to prevent,
reduce and control pollution of the marine environment.

The States shall take all measures necessary to ensure that activities under their jurisdiction or control
are so conducted as not to cause damage by pollution to other States and their environment.

In case of dispute, the law provides that the parties may opt to submit the dispute to arbitration.

8. RELATE IPRA WITH CBD

IPRA or Indigenous Peoples’ Rights Act refers to cultural diversity, which also refers to diversity of
cultures, traditions, beliefs and aspirations of indigenous peoples which shall encourage and foster
openness, mutual respect and interrelated rights of every human being, in the spirit of inter-people
cooperation. Consensus and peace-building which also refers that as much as possible, in circumstances
such as resolving disputes or conflicts which affects or pertains to indigenous peoples, determination or
decision shall be reached through dialogue and consensus as far as practicable. Cultural integrity refers
to their respective customs, beliefs, traditions, indigenous knowledge system and practices shall remain
inviolable. Human dignity, which refers to its distinct character, sacred human dignity and unique
identity of indigenous people and shall be respected. Total human development and transparency and
capacity building.

CBD or Convention on Biological Diversity

CBD has 3 major objectives:

a. The conservation of biological diversity

b. The sustainable use of the components of biological diversity
c. The fair and equitable sharing of the benefits arising out of the utilization of genetic resources

The convention recognized the conservation of biological diversity is a “common concern of humankind”
and is an integral part of the development process. The agreement covers all ecosystems, species and
genetic resources. It links traditional conservation efforts to the economic goal of using biological
resources sustainably.

NOTE: links traditional conservation efforts to the economic goal of using biological resources
sustainably.

9. DISTINGUISH BETWEEN NATIONAL CULTURAL TREASURE AND IMPORTANT CULTURAL

PROPERTIES

National Cultural Treasurer is a unique object found locally, possession outstanding historical, cultural,
artistic and/or scientific value which is highly significant and important to this country and nation.

Cultural properties are old buildings, monuments, shrines, documents, and object which may be
classified as antiques, relics, or artifacts, landmarks, anthropological and historical sites, and specimens
of natural history which are cultural, historical, anthropological or scientific value and significance to the
nation.

10. PRECAUTIONARY PRINCIPLE

In order to protect the environment, the precautionary approach shall be applied. Where there are
threats of serious or irreversible damage, the lack of full scientific certainty shall not be used as a reason
of postponing cost-effective measures to prevent environmental degradation.

Applicability- When there is a lack of full scientific certainty in establishing a causal link between human
activity and environmental effect, the court shall apply the precautionary principle in resolving the case
before it.

The constitutional right of the people to a balanced and healthful ecology shall be given the benefit of
the doubt.

Standards for application- In applying the precautionary principle, the following factors, among others,
may be considered: (1) Threats to human life or health; (2) inequity to present or future generations; or
(3) prejudice to the environment without legal consideration of the environmental rights of those
affected.

11. CONVENTION ON BIODIVERSITY VS INTELLECTUAL PROPERTY RIGHTS

CBD or Convention on Biological Diversity

CBD has 3 major objectives:

a. The conservation of biological diversity

b. The sustainable use of the components of biological diversity
c. The fair and equitable sharing of the benefits arising out of the utilization of genetic resources

The convention recognized the conservation of biological diversity is a “common concern of humankind”
and is an integral part of the development process. The agreement covers all ecosystems, species and
genetic resources. It links traditional conservation efforts to the economic goal of using biological
resources sustainably.

Intellectual property rights

12. EXHAUSTION OF ADMINISTRATIVE REMEDIES IN ENVI LAW SUITS

Exhaustion of administrative remedies: DENR and its Bureaus, Pollution Adjudication Board, Arbitration

13. WHAT ARE THE NATIONAL LEGISLATIONS PASSED TO IMPLEMENT ENVIRONMENTAL

MEA/TREATIES

National legislations passed in order to implement MEA:

- Ramsar Convention

- World Heritage Convention

- Migratory Species of Wild Animals (Bonn Convention)

- Biological Diversity Convention

- Climate Change Convention

- Convention to combat desertification

14. ASEAN ENVI LAW RE: TRANSBOUNDARY HAZE, DISASTER MANAGEMENT, COOPERATION IN
MEKONG RIVER