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Environmental

Treaties, Laws
and Policies

Prepared by:
GENEVIEVE CADAG GARCIA
Science Teacher
What is an environmental law?

• Environmental law means the laws that


regulate the impact of human activities on the
environment. Environmental law covers a
broad range of activities that affect air, water,
land, flora or fauna.
It include laws that relate to:
• Protection of animals and • Waste management
plants • Climate change and
• Planning for the use and emissions
development of land • Water resource
• Mining, exploration and management (lakes,
extractive industries wetlands, rivers and
• Forestry oceans)
• Pollution • Chemicals and pesticides
• Fisheries • Weeds and invasive species
• Land and fire management • Marine life
• Agriculture and farming • Conservation of natural and
cultural heritage
The general functions of most
environmental laws are to:
• set offences and penalties • enable members of the
for causing harm to the public to take part in
environment which is not environmental decision-
authorised making
• assess, control or stop • create regulatory structures
certain activities (such as for environmental
land use and development) management, such as
before they are carried out regulatory agencies (e.g.
• set policies and standards the Department of Lands,
for how activities will be Planning and Environment)
controlled and how • create specialist courts and
environmental decisions tribunals (e.g. the Lands,
and approvals will be made Planning and Mining
Tribunal)
What is an environmental treaty/protocol?

An environmental protocol is a type


of international law, "an
intergovernmental document intended as
legally binding with a primary stated
purpose of preventing or managing
human impacts on natural resources.
What is an Environmental policy?

Environmental policy refers to the


commitment of an organization to the
laws, regulations, and other policy
mechanisms concerning environmental
issues and sustainability.
A TIMELINE OF ENVIRONMENTAL
TREATIES
Convention for the Prevention of Pollution of
the Sea by Oil, 1962
• Seeking to prevent ocean pollution by oil discharged from ships, this
pact limits discharges of oil-contaminated wastes. It allows
exceptions for discharges with low levels of oil contamination; and
for tankers that discharged only a small percentage of their total
cargo-carrying capacity or released oil-contaminated ballast more
than 80 kilometers from the nearest land.

• Although later pacts would be more stringent, in the context of its


time, this agreement represents a significant international
commitment to reduce oil pollution from oceangoing vessels.
The Ramsar Convention, 1971
• The Convention on Wetlands, signed in Ramsar, Iran,
provides the framework for national action and
international cooperation for the conservation and
wise use of wetlands and their resources.

Eventually, there will be 158 contracting parties to


the convention and 1,743 protected wetland sites --
totaling 161 million hectares -- designated for
inclusion in the Ramsar List of Wetlands of
International Importance.
MARPOL, 1973
• The MARPOL Convention is a major international pact to
prevent pollution of the marine environment, from
operational or accidental causes, by ships.

• The International Convention for the Prevention of Pollution


from Ships (MARPOL), signed at the International Maritime
Organization, addresses oil pollution, but also covers pollution
from chemicals, packaged harmful substances, sewage and
garbage. The pact will be updated substantively by a 1978
protocol at a conference held in response to a series of tanker
accidents in 1976 and 1977. In the 21st century, MARPOL will
remain a dynamic agreement, regularly updated by
documents called “annexes.”
CITES, 1973
• The Convention on International Trade in Endangered Species
of Wild Fauna and Flora (CITES), one of the earliest
international agreements addressing the plight of endangered
species, is adopted in Washington, with the United States one
of the 21 original signatories. More than 170 nations will
become parties to CITES.

• The convention protects at-risk species through restrictions on


commerce. Its control of international trade in species in
danger of extinction relies on signatory nations adopting and
enforcing export and import restrictions. CITES allows for
trade in listed species if such trade is not detrimental to a
species’ survival.
Transboundary Air Pollution, 1979

• This agreement encourages scientific collaboration and policy


negotiation to target air pollution that spreads from its source
into the atmosphere. It will be extended by eight protocols
that identify specific measures to cut emissions of air
pollutants.

• The aim of the convention, which in 2008 will have 51 parties,


is to limit and gradually reduce and prevent air pollution,
especially long-range air pollution that crosses national
borders. Parties to the convention commit to developing
policies and strategies on information exchange, consultation,
research and monitoring to combat the discharge of air
pollutants.
Transboundary Pollution

• Transboundary pollution is the pollution that


originates in one country but is able to cause damage
in another country’s environment, by crossing
borders through pathways like water or air. Pollution
can be transported across hundreds and even
thousands of kilometers
Montreal Protocol, 1987
• The Montreal Protocol on Substances that Deplete the
Ozone Layer calls for phasing out production and
consumption of compounds that deplete ozone in the
stratosphere -- chlorofluorocarbons, halons, carbon
tetrachloride and methyl chloroform. This will be
accomplished in 2000 for most of the listed substances
and in 2004 for methyl chloroform.
The agreement, eventually ratified by 191 countries, will
help cut production of ozone-depleting chemicals from
more than 1.8 million metric tons in 1987 to 83,000
metric tons at the end of 2005.
• The Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and Their Disposal is the
world’s most comprehensive pact on hazardous wastes. Its
170 signatories aim to protect human health and the
environment from adverse effects of generation,
management, shipment and disposal of hazardous wastes.

• In the late 1980s, when regulations in industrialized


countries increased the cost of hazardous waste disposal, so-
called “toxic traders” began shipping hazardous waste to
developing countries and to Eastern Europe. International
outrage about this practice led to the drafting and adoption
of this convention.

Basel Convention, 1989


• This agreement, adopted at the 1992 Earth Summit in Rio de
Janeiro, Brazil, is part of a comprehensive strategy for
sustainable development -- meeting the needs of the current
generation of human beings while ensuring a healthy and
viable world for future generations.

Convention on Biological Diversity, 1992


• In this pact, most of the world's governments commit to
maintaining the world's ecological underpinnings while
pursuing economic development. The convention sets three
main goals: conservation of biological diversity, sustainable
use of plant and animal species, and equitable sharing of
benefits from the use of genetic resources.
U.N. Framework Convention on Climate Change, 1992
• This convention, another initiative from the 1992 Earth
Summit, sets an overall framework for intergovernmental
efforts to meet the challenge of climate change. It recognizes
the climate system is a shared resource whose stability can be
affected by emissions of carbon dioxide and other greenhouse
gases. The convention enjoys near universal membership: 192
signatories.

• Countries agree to collect and share data on greenhouse gas


emissions, national policies and best practices; launch
national strategies for addressing emissions; and cooperate in
preparing for adaptation to the effects of climate
Effects of Industrial Accidents, 1992
• The 1992 Convention on the Transboundary Effects of
Industrial Accidents aims to protect human health and the
environment from industrial accidents by preventing them to
the extent possible, reducing their frequency and severity and
mitigating their effects.

• Its parties pledge cooperation to prevent, prepare for and


respond to industrial accidents that can have international
effects. The pact also encourages international cooperation on
emergency responses, research and development and sharing
of information and technology.
U.N. Convention to Combat Desertification, 1994
• Desertification was a major concern at the 1992 Earth Summit
in Rio de Janeiro, Brazil. The U.N. Environment Programme
concluded in 1991 that land degradation in arid, semiarid and
dry subhumid areas had intensified, although there were
"local examples of success.”

• The conference recommended an integrated approach that


promoted sustainable development at the community level
and called for a U.N. committee to draft an international
agreement to advance that goal. The result is the U.N.
Convention to Combat Desertification in Those Countries
Experiencing Serious Drought and/or Desertification,
Particularly in Africa.
Kyoto Protocol, 1997
• Parties to the Kyoto Protocol (an amendment to the U.N.
Framework Convention on Climate Change) commit to
reducing their emissions of six greenhouse gases, or engage in
emissions trading if they maintain or increase emissions of
these gases, which are linked to global warming.

• The United States is not a party to this protocol, but continues


to pursue reductions in greenhouse gas emissions, fund
research on climate change and promote alternative energy
sources in developed and developing nations. It also leads
several international partnerships, including the Asia-Pacific
Partnership on Clean Development and Climate, to address
global warming.
Six main greenhouse gases, namely:

• Carbon dioxide (CO2);


• Methane (CH4);
• Nitrous oxide (N2O);
• Hydrofluorocarbons (HFCs);
• Perfluorocarbons (PFCs); and
• Sulphur hexafluoride (SF6)
PHILIPPINE
LAWS
ON
ENVIRONMENTAL
PROTECTION
Presidental Decree 1151
Philippine Environmental Policy

 Governs the general policies on the pursuits of


a better quality of life for the present and
future generations and mandates undertaking
the environmental impact assessments for all
projects, which may significantly affect the
environment.

Presidental Decree 1152
Philippine Environment Code

• PURPOSE:
– To achieve and maintain such levels of air quality
as to protect public health and to prevent to the
greatest extent practicable, injury and/or damage
to plant and animal life and property, and promote
the social and economic development of the
country
The Forestry Reform Code P. D. 389
(P.D. 705)
• Section 2. Policies. The State hereby • D. FOREST PROTECTION
adopts the following policies: • Section 37. Protection of all
• (a) The multiple uses of forest lands resources. All measures shall be taken
shall be oriented to the development to protect the forest resources from
and progress requirements of the destruction, impairment and
country, the advancement of science depletion.
and technology, and the public
welfare;
• (b) Land classification and survey
shall be systematized and hastened;
• (c) The establishment of wood-
processing plants shall be
encouraged and rationalized; and
• (d) The protection, development and
rehabilitation of forest lands shall be
emphasized so as to ensure their
continuity in productive condition.
Water Code of the Philippines (P.D. 1067)
The Code covers underground water, water above the ground, water
in the atmosphere and the waters of the sea within the territorial
jurisdiction of the Philippines.

The Water Code has the following objectives:


• (a) To establish the basic principles and framework relating to the
appropriation, control and conservation of water resources to achieve the
optimum development and rational utilization of these resources;
• (b) To define the extent of the rights and obligations of water users and
owners including the protection and regulation of such rights;
• (c) To adopt a basic law governing the ownership, appropriation,
utilization, exploitation, development, conservation and protection of
water resources and rights to land related thereto; and
• (d) To identify the administrative agencies which will enforce the law.
PRESIDENTIAL DECREE No. 984
National Pollution Control Decree of 1976
• Section 8. Prohibitions. No person 1. the construction, installation, modification
shall throw, run, drain, or otherwise or operation of any sewage works or any
dispose into any of the water, air extension or addition thereto;
and/or land resources of the 2. the increase in volume or strength of any
Philippines, or cause, permit, suffer wastes in excess of the permissive
discharge specified under any existing
to be thrown, run, drain, allow to
permit;
seep or otherwise dispose thereto
3. the construction, installation or operation
any organic or inorganic matter or of any industrial or commercial
any substance in gaseous or liquid establishments or any extension or
form that shall cause pollution modification thereof or addition thereto,
thereof. the operation of which would cause an
• No person shall perform any of the increase in the discharge of waste directly
into the water, air and/or land resources
following activities without first
of the Philippines or would otherwise
securing a permit from the alter their physical, chemical or biological
Commission for the discharge of all properties in any manner not already
industrial wastes and other wastes lawfully authorized.
which could cause pollution:
CHAIN SAW ACT (2002)
Republic Act 9175
• SEC. 2. Declaration of The State shall therefore
Policy. - It is the policy regulate the ownership,
possession, sale, transfer,
of the State, consistent
importation and/or use of
with the Constitution, chainsaws to prevent them
to conserve, develop from being used in illegal
and protect the forest logging or unauthorized
resources under clearing of forests.
sustainable
management.
Ecological Solid Waste Management Act of
2000 (Republic Act No. 9003)

Segregation and collection of solid waste shall be


conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes:
(Section 10)
Provided, that the collection of non‐recyclable
materials and special wastes shall be the
responsibility of the municipality or city
Philippine Clean Air Act of 1999
Republic Act No. 8749
Section 2. Declaration of Principles. The State recognizes that the
– responsibility of cleaning the
The State shall protect and advance habitat and environment
the right of the people to a is primarily area-based.
balanced and healthful ecology in The State also recognizes the
accord with the rhythm and principle that "polluters must
harmony of nature. pay".
The State shall promote and protect Finally, the State recognizes that a
the global environment to attain clean and healthy environment is
sustainable for the good of
development while recognizing all and should therefore be the
the primary responsibility of local concern of all.
government units to deal
with environmental problems.
Animal Welfare Act of 1998
Republic Act No. 8485
Act to protect and • Any form of cruelty shall
promote the welfare of all be penalized
animals in the Philippines
by supervising and
regulating the
establishment and
operations of all facilities
utilized for breeding,
maintaining, keeping,
treating or training of all
animals either as objects
of trade or as household
pets.
Philippine Mining Act of 1995
Republic Act No. 7942
• Sec. 2 Declaration of • It shall be the responsibility
of the State to promote
Policy their rational exploration,
development, utilization
– All mineral resources and conservation through
in public and private the combined efforts of
lands within the government and the private
territory and sector in order to enhance
national growth in a way
exclusive economic that effectively safeguards
zone of the Republic the environment and
of the Philippines are protect the rights of
affected communities.
owned by the State
Reflection:
Eco-log No. 1 Eco-log No. 2

Which of the Which of the Philippine


Environmental Treaties Laws on Environmental
mentioned do you think Protection is the most
is the most important? significant for:
WHY? a. Tropical rainforest
biomes
b. Animal Welfare
JUSTIFY your answer!
References:
• http://edont.org.au/factsheets/what-is-environmental-law/
• http://en.wikipedia.org/wiki/Environmental_protocol
• http://en.wikipedia.org/wiki/Environmental_policy
• www.safewater.org/PDFS/.../Transboundary_Pollution_Fact_
07.pdf
• http://iipdigital.usembassy.gov/st/english/gallery/2012/02/20
1202171105.html#axzz3Fw1WfVDc
• http://www.ukessays.com/essays/tourism/current-
environmental-laws-in-the-philippines-tourism-essay.php
• http://www.lawphil.net/statutes/presdecs/pd1976/pd_984_1
976.html

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