INTERNATIONAL INTERNATIONAL ENVIRONMENTAL LAWENVIRONMENTAL LAW

AN OVERVIEWAN OVERVIEW

byby

Myrna S. FelicianoMyrna S. Feliciano

I. INTRODUCTORYI. INTRODUCTORY

1960 – Environmental Law emerged 1960 – Environmental Law emerged as conceptas concept

Earlier treaties – to protect economic Earlier treaties – to protect economic interestsinterests

Principle of abuse of rightsPrinciple of abuse of rights Trial Smelter caseTrial Smelter case Lac Lanoux ArbitrationLac Lanoux Arbitration Corfu Channel caseCorfu Channel case

UN Conference on the Human UN Conference on the Human Environment, Stockholm, 1972Environment, Stockholm, 1972 Areas subject to protectionAreas subject to protection

Natural resources of the earth includes air, land, Natural resources of the earth includes air, land, flora and fauna (Principle 2)flora and fauna (Principle 2)

Capacity of earth to produce vital renewable Capacity of earth to produce vital renewable resources (Principle 3)resources (Principle 3)

Heritage of wildlife and its habitat (Principle 4)Heritage of wildlife and its habitat (Principle 4) Non-renewable resources of the earth (Principle Non-renewable resources of the earth (Principle

5)5)

Legal duties and responsibilities of Legal duties and responsibilities of statesstates

State’s right to exploit their own resources State’s right to exploit their own resources and the responsibilities not to cause damage and the responsibilities not to cause damage to the environment of other States and to the environment of other States and beyond national jurisdiction (Principle 21)beyond national jurisdiction (Principle 21)

States shall cooperate to develop further the States shall cooperate to develop further the international liability and compensation for international liability and compensation for the victims of pollution and other the victims of pollution and other environmental damage (Principle 22)environmental damage (Principle 22)

International co-operation to effectively International co-operation to effectively control, prevent, reduce and eliminate control, prevent, reduce and eliminate adverse environmental effects (Principle 24)adverse environmental effects (Principle 24)

Action Plan (109 recommendations led to Action Plan (109 recommendations led to creation of UNEP)creation of UNEP)

• World Commission on Environment and World Commission on Environment and Development (1987) – Brundtland ReportDevelopment (1987) – Brundtland Report

2 Concepts:2 Concepts: Concept of “needs”Concept of “needs” Idea of limitations (sustainable development)Idea of limitations (sustainable development)

Oposa v. FactoranOposa v. Factoran, G.R. No. 101083, July 30, , G.R. No. 101083, July 30, 19931993

International Environmental LawInternational Environmental Law SourcesSources

Bilateral or multilateral treatiesBilateral or multilateral treaties Binding acts of international organizationsBinding acts of international organizations Rules of customary international law andRules of customary international law and Judgments of international courts or Judgments of international courts or

tribunalstribunals

““Soft-law” – not binding but future role Soft-law” – not binding but future role towards binding obligationstowards binding obligations

Guidelines or codes of conductGuidelines or codes of conduct Agreements, resolutions and declarations to Agreements, resolutions and declarations to

facilitate implementation of treatiesfacilitate implementation of treaties Sources of Soft-LawSources of Soft-Law

1972 Stockholm Declaration of the Principles 1972 Stockholm Declaration of the Principles – catalyzed important global treaties like – catalyzed important global treaties like Vienna Convention on Ozone Layer, Vienna Convention on Ozone Layer, Biological DiversityBiological Diversity

1978 Draft Principles on Shared Natural 1978 Draft Principles on Shared Natural ResourcesResources

1981 Montevideo Program of UNEP Group of 1981 Montevideo Program of UNEP Group of Legal ExpertsLegal Experts

1982 World Charter for Nature1982 World Charter for Nature 1992 Rio Declaration1992 Rio Declaration

1992 UN Conference on Environment 1992 UN Conference on Environment and Development (Rio de Janeiro)and Development (Rio de Janeiro)

Rio DeclarationRio Declaration Statement of Principles for a Global Statement of Principles for a Global

Consensus on the Management, Consensus on the Management, Conservation and Sustainable Development Conservation and Sustainable Development of All Types of Forests (The Forest Principle)of All Types of Forests (The Forest Principle)

Agenda 21Agenda 21

Convention on Biological DiversityConvention on Biological Diversity UN Framework Convention on Climate UN Framework Convention on Climate

ChangeChange Montreal Protocol specified time frame Montreal Protocol specified time frame

for banfor ban Kyoto Protocol on the production of Kyoto Protocol on the production of

certaincertain

chemicalschemicals

Approaches of setting standards to Approaches of setting standards to implement environmental principleimplement environmental principle

General regulatory approach (command & General regulatory approach (command & control)control)

Emerging modern techniquesEmerging modern techniquesa. Requiring EIAsa. Requiring EIAs

b. Dissemination of environmental informationb. Dissemination of environmental information c. Liability for environmental climatec. Liability for environmental climate d. Alternative economic approaches, d. Alternative economic approaches, i.e.i.e.

regulation of trade and competition and IPRs, regulation of trade and competition and IPRs, provision of financial resourcesprovision of financial resources

e. Improved enforcement procedures e. Improved enforcement procedures and dispute machineryand dispute machinery

General Principles and Rules in General Principles and Rules in International Environmental LawInternational Environmental Law

1. Sovereign Rights over Natural 1. Sovereign Rights over Natural Resources and Responsibility not to Resources and Responsibility not to cause environmental damagecause environmental damage

1962 UN Resolution No. 1803 (XVII)1962 UN Resolution No. 1803 (XVII) Rule derived from an extension of the principle of Rule derived from an extension of the principle of

good neighborlinessgood neighborliness

2. Principle of Preventive Action2. Principle of Preventive Action Action to be taken at an early stageAction to be taken at an early stage Obligation to prevent, reduce, limit or control Obligation to prevent, reduce, limit or control

activities which might cause or risk damageactivities which might cause or risk damage Environmental standards, access to information Environmental standards, access to information

and the need of EIAs for proposed activitiesand the need of EIAs for proposed activities Imposition of penalties and application of liability Imposition of penalties and application of liability

rulesrules

3. Principle of Co-operation3. Principle of Co-operation Co-operate in good faith and in a spirit of Co-operate in good faith and in a spirit of

partnership in the field of sustainable partnership in the field of sustainable developmentdevelopment

Commitments to implement treaty objective, Commitments to implement treaty objective, i.e.i.e. obligation to require information-sharing, obligation to require information-sharing, notification, consultation or participation rights notification, consultation or participation rights in certain procedure and cooperative in certain procedure and cooperative emergency proceduresemergency procedures

1982 UN Convention of the Law of the Sea 1982 UN Convention of the Law of the Sea (UNCLOS)(UNCLOS)

4. Principle of Sustainable 4. Principle of Sustainable DevelopmentDevelopment

Recurring legal elementsRecurring legal elements Need to preserve natural resources for the benefit of Need to preserve natural resources for the benefit of

future generationsfuture generations Exploiting resources which is sustainable or prudent or Exploiting resources which is sustainable or prudent or

rational or wise or appropriaterational or wise or appropriate Equitable use of natural resource which take into Equitable use of natural resource which take into

account the needs of present and future generationsaccount the needs of present and future generations Need to ensure that environmental considerations Need to ensure that environmental considerations

integrated into economic and other development plansintegrated into economic and other development plans Shrimp/Turtle CaseShrimp/Turtle Case

5. Precautionary Principles5. Precautionary Principles

To act and adopt decisions which are To act and adopt decisions which are based on scientific findings or based on scientific findings or methods or knowledge available at methods or knowledge available at the timethe time

Vienna Convention on the Depletion Vienna Convention on the Depletion of the Ozone Layerof the Ozone Layer

UN Framework Convention on UN Framework Convention on Climate ChangeClimate Change

6. Polluter-Pays Principle6. Polluter-Pays Principle

Costs of pollution be borne by the Costs of pollution be borne by the person/s responsible for causing the person/s responsible for causing the damagedamage

1960 Convention on Civil Liability for 1960 Convention on Civil Liability for Nuclear DamageNuclear Damage

1963 IAEA Liability Convention1963 IAEA Liability Convention International treaties under the International treaties under the

International Maritime OrganizationInternational Maritime Organization

1992 Convention on Civil Liability for 1992 Convention on Civil Liability for Oil Pollution – joint and several Oil Pollution – joint and several liability for damage which is not liability for damage which is not reasonably separablereasonably separable

7. Principle of Common But 7. Principle of Common But Differentiated ResponsibilityDifferentiated Responsibility

Recognition of the special needs of Recognition of the special needs of developing countriesdeveloping countries

Requires all concerned states to Requires all concerned states to participate in international response participate in international response measuresmeasures

Climate Change ConventionClimate Change Convention Establishment of special institutional Establishment of special institutional

mechanisms to provide financial, mechanisms to provide financial, technological and other technical technological and other technical assistance to developing countriesassistance to developing countries

Provided they meet certain conditions, Provided they meet certain conditions, delay the compliance of developing delay the compliance of developing countries with control measurescountries with control measures

MSF/zsaMSF/zsa