International Law and Envi I. In general: What is International Environment Law? - International Envi principles II.

Sources of IEL Art. 38, ICJ Statute 1) TREATIES/CONVENTIONS - Vienna Convention on the Law of Treaties 2) CUSTOMARY INTERNATIONAL LAW 3) JUDICIAL DECISIONS 4) SCHOLARLY WRITINGS III. Actors in International Environment Law - countries - agencies - Epi - judicial system A. States – UN Charter


Territorial Sovereignty – Right to exercise therein, to the exclusion of any other state, the functions of a state. Jurisdiction & Immunities


Jurisdiction – Competence of a state to prescribe rules of conduct, to enforce its legal processes, and to adjudicate controversies or claims. It contemplates of executive, legislative, and judicial competence in its own territory. This authority is absolute over all person, events and transactions except those limited by the state’s own consent. The reserve domain is the domain of state activities where the jurisdiction of the state is not bound by international law. No subject is irrevocably fixed within the reserve domain


International Responsibility – A state may commit an act which the international community characterizes as wrongful. Such is an internationally wrongful act. Customary international law: Every internationally wrongful act entails the international responsibility of that state.

When does an internationally wrongful act arise? A) an act or omission attributable to the state under international law B) that conduct or act is a breach of an international obligation under customary norm or conventional rule.

• •

5. Cases Territory Warfare? Natural Resources Applicable Laws Agencies or States and Responsibilities Civilian Responsibility/Rights Philippine Setting I. Constitutional Provisions on International Law - implications II. Treaties that the Phils has signed - Sir’s book outlines the Conventions and classifies them according to the topic - UNCLOS etc III. Local Laws: statutory - enumeration

- how enforced - examples of LGU enforcement (film showing of the Admin documentary) IV. Jurisprudence V. problems - recommendations – Q: Are local laws necessary? (analogy: desaparecidos)

Master your semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master your semester with Scribd & The New York Times

Cancel anytime.