The existence of humans on earth is the most influential factor regarding the changes that have

occurred since time immemorial. Humans have altered the landscape, the seascape as well as the
atmosphere of the planet. The growth of human population has rapidly depleted the natural resources
of the earth and has caused environmental problems that affect every country.

Since ancient times, efforts have already been made in order to address the problems of environmental
damage. These courses of action were not in the form of positive law, but mostly are applied by reason
of philosophy, culture, and religion. Most Eastern religions and cultural minorities emphasize on the
stewardship of humans with the responsibility of protecting the environment. Through the passage of
time, individual States have enacted their respective statutes, rules and regulations implementing
environmental protection. These States have also established international rules such as those
preventing and mitigating transnational air, water, and land pollution.

However, regardless of the presence of these international agreements, still cases involving
environmental pollution is still very difficult to resolve. The reason is that not all issues are resolved in
the context of public international law. While States have joined in comity in the resolution of
environmental cases through treaties, adjudication by the International Court of Justice, and well as
arbitration, there are instances wherein the issues remain unresolved due to the following factors:

1) The presence or absence of a treaty or convention between certain States.

2) The parties to the environmental case, whether between a State and a private natural or
juridical person or entity.
3) The presence or absence of jurisdiction of a court or tribunal in taking cognizance over a
particular environmental case.
4) The differences of law between countries in handling environmental cases.
5) The issue of tort liability of the person or entity causing environmental damage and
compensation for the injured party.

The purpose of this study is to determine the answers to the following questions:

1) What the global issues at present that are affecting the environment?
2) How does the Philippines respond to these issues? What are the laws, rules, and courses of
action that are enacted in the Philippine context?
3) How do other countries respond to these issues?
4) What are the differences of the courses of action done by the Philippines from other countries?
5) What are the primary differences in resolving environmental cases using public international law
and conflicts of law? Can both remedies be applied simultaneously?
6) What are the courses of action that are to be undertaken to resolve gaps or matters not
currently addressed by present conflicts of laws procedures.