CONSEQUENCES SA BATAS!!!!EUROPEAN SCHEME CHORVA

INTRODUCTION TO ENVIRONMENTAL LAWS

AND POLICIESPRESENTED BY KAREN

FLORALDE PURA

ENVIRONMENTAL LEGISLATIONS AND SUSTAINABLE DEVELOPMENT

PHILIPPINE ENVIRONMENT LAWS

Major Environmental Laws In The Philippines

1.Republic Act 9003 Ecological Solid Waste Management Act of 2000-In partnership with stakeholders, the law

aims to adopt a systematic, comprehensive and ecological solid waste management program that shall ensure the protection of public health and environment. The law ensures proper segregation, collection, storage, treatment and disposal of solid waste through the formulation and adaptation of best eco-waste products. 

2. Republic Act 9275 Philippine Clean Water Act of 2004

-The law aims to protect the country's water bodies from pollution from land-based sources (industries and commercial establishments, agriculture and community/household activities). It provides for comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and participatory approach involving all the stakeholders. 

• 3. Republic Act 8749 Philippine Clean Air Act of 1999-The law aims to achieve and maintain clean air that meets the National Air Quality guideline values for criteria pollutants, throughout the Philippines, while minimizing the possible associated impacts to the economy.

• 4. Republic Act 6969 Toxic Substances, Hazardous and Nuclear Waste Control Act of 1990-The law aims to regulate restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures the present unreasonable risk to human health. It likewise prohibits the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose; and to provide advancement and facilitate research and studies on toxic chemicals.

• 5. Presidential Decree 1586 Environmental Impact Statement (EIS) Statement of 1978-The Environment Impact Assessment System was formally established in 1978 with the enactment of Presidential Decree no. 1586 to facilitate the attainment and maintenance of rational and orderly balance between socio-economic development and environmental protection. EIA is a planning and management tool that will help government, decision makers, the proponents and the affected community address the negative consequences or risks on the environment. The process assures implementation of environment-friendly projects. 

THE ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM

An environmental impact assessment (EIA) is an assessment of the possible impacts that a proposed project may have on the environment, consisting of the environmental, social and economic aspects.

PRINCIPLE OF INTERNATIONAL LAW

General principles of international law, as applied to

environmental issues:• The principle of State sovereignty. – State sovereignty: at the core of international law. It implies both “territorial sovereignty” and “territorial integrity” The two aspects are reflected in Rio principle 2 (Stockholm principle 21):

– The principle of State sovereignty over natural resources (“Permanent sovereignty over natural resources” – PSNR).

– An important limitation: The principle not to harm the environment of other states or areas beyond the limits of national jurisdiction.

15 September 1971 - United Nations Headquarters, New York. Mr. Maurice F. Strong, Secretary-General of the United Nations Conference on the Human Environment (right), shows United Nations Secretary-General U Thant a design for the official Conference poster. To the left is Mr. Keith Johnson (Jamaica), Chairman of the Preparatory Committee for the Conference. (Photo Credit: UN Photo/Teddy Chen)

• Principles for the management of a “shared natural resource” and “common property”

• “Shared natural resource”: A natural resource under the jurisdiction of several states: rivers, lakes, etc. this is called the principles of “equitable utilization” and “transboundary cooperation”.

• “Common property”: A natural resource such as the ocean outside national jurisdiction (“the high seas) and its living resources.

• The concept of “Common heritage of mankind”.

– “Common heritage” vs. “state sovereignty”.

• The obligation of States to cooperate, inform and consult. – 1986 Vienna convention on Early

Notification of a Nuclear Accident (the “Tchernobyl convention”)

– 1991 Espoo convention on Environmental Impact Assessment in a Transboundary Context.

• The principle of “Prior informed consent” (PIC). – 1989 Basel convention on the control of

Transboundary movements of hazardous waste.

– 2000 Cartagena protocol to CBD on trade in “living modified organisms” (“Advanced Informed Agreement”).

USE OF MARKET-BASED APPROACHES FOR ENVIRONMENTAL POLICY

The rationale for market-based approaches is to try to put the powerful advantages of markets to work in service to the environment.

•  market-based instruments (MBIs) are policy instruments that use markets, price, and other economic variables to provide incentives for polluters to reduce or eliminate negative environmental externalities.

• MBIs seek to address the market failure of externalities (such as pollution) by incorporating the external cost of production or consumption activities through taxes or charges on processes or products, or by creating property rights and facilitating the establishment of a proxy market for the use of environmental services.

Examples include:• environmentally related taxes,• charges and subsidies, • emissions trading and • other tradeable permit systems, • deposit-refund systems, • environmental labeling laws, • licenses, and economic property rights.

• For instance, the European Union Emission Trading Scheme is an example of a market-based instrument to reduce greenhouse gas emissions.

• Market-based instruments are also referred to as economic instruments, price-based instruments, new environmental policy instruments (NEPIs) or 'new instruments of environmental policy.

ENVIRONMENTAL STANDARDS IN THE INTERNATIONAL STANDARDS ORGANIZATION (ISO)

ISO 14000 - Environmental management

ISO 14000 - Environmental management

• The ISO 14000 family addresses various aspects of environmental management.

• It provides practical tools for companies and organizations looking to identify and control their environmental impact and constantly improve their environmental performance.

• ISO 14001:2004 and ISO 14004:2004 focus on environmental management systems.

• The other standards in the family focus on specific environmental aspects such as life cycle analysis, communication and auditing.

Thank you!