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Article 2 of the Constitution grade, and shall not diminish, increase, or modify substantive

rights. Rules of procedure of special courts and quasi-judicial

Section 2. The Philippines renounces war as an instrument of bodies shall remain effective unless disapproved by the
national policy, adopts the generally accepted principles of Supreme Court.
international law as part of the law of the land and adheres to
the policy of peace, equality, justice, freedom, cooperation, and (6) Appoint all officials and employees of the Judiciary in
amity with all nations. accordance with the Civil Service Law.

Section 7. The State shall pursue an independent foreign policy. Stockholm Declaration
In its relations with other states, the paramount consideration
shall be national sovereignty, territorial integrity, national Principle 21. States have, in accordance with the Charter of the
interest, and the right to self-determination. United Nations and the principles of international law, the
sovereign right to exploit their own resources pursuant to their
Article 7 of the Constitution own environmental policies, and the responsibility to ensure
that activities within their jurisdiction or control do not cause
Section 21. No treaty or international agreement shall be valid damage to the environment of other States or of areas beyond
and effective unless concurred in by at least two-thirds of all the the limits of national jurisdiction.
Members of the Senate
Rio Declaration
Article 8 of the Constitution
Principle 2. States have, in accordance with the Charter of the
Section 5. The Supreme Court shall have the following powers: United Nations and the principles of international law, the
(1) Exercise original jurisdiction over cases affecting sovereign right to exploit their own resources pursuant to their
ambassadors, other public ministers and consuls, and over own environmental and developmental policies, and the
petitions for certiorari, prohibition, mandamus, quo warranto, responsibility to ensure that activities within their jurisdiction
and habeas corpus. or control do not cause damage to the environment of other
States or of areas beyond the limits of national jurisdiction.
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final __________________________________________________
judgments and orders of lower courts in: KEY INTERNATIONAL ENVIRONMENTAL
(a) All cases in which the constitutionality or validity of any PRINCIPLES
treaty, international or executive agreement, law, presidential INTERGENERATIONAL EQUITY
decree, proclamation, order, instruction, ordinance, or
regulation is in question. It signifies the rights and interests of the present and future
generation regarding the renewable and non renewable
(b) All cases involving the legality of any tax, impost, resources of earth. Many contemporary international
assessment, or toll, or any penalty imposed in relation thereto. instruments deals with the use of the resources available and to
(c) All cases in which the jurisdiction of any lower court is in make them available for future generation. Peoples have
issue. recognized the value and importance of the resources available
and what may happened in future if the resources will not be
(d) All criminal cases in which the penalty imposed is reclusion available. The concept of sustainable development has been
perpetua or higher. introduced which refers the use of resources should be done in
such a manner that those resources shall also be available to
(e) All cases in which only an error or question of law is
meet the future needs. United Nation General Assembly has
defined sustainable development as the development which
(3) Assign temporarily judges of lower courts to other stations meets the needs of the present without compromising with the
as public interest may require. Such temporary assignment shall availability of resources to meet the needs of the future
not exceed six months without the consent of the judge generation.
Sustainable development provides not only man made wealth
(4) Order a change of venue or place of trial to avoid a but it also provides wealth made by nature. It also concern about
miscarriage of justice. the quality of life of the human beings, man-made wealth
continues improvement of quality of life but it must be
(5) Promulgate rules concerning the protection and enforcement supported by the natural wealth. Sustainable development was
of constitutional rights, pleading, practice, and procedure in all introduced for the first time by the United Nations with a view
courts, the admission to the practice of law, the integrated bar, to accomplish three aspects of development, those are,
and legal assistance to the underprivileged. Such rules shall environmental protection, economic development and social
provide a simplified and inexpensive procedure for the speedy development, this is affirmed by the United Nation
disposition of cases, shall be uniform for all courts of the same Development Program. United Nation concentrating on
managing and protecting the natural resources for the Intra-generational equity is different from intergenerational
development of social and economical aspects, this is much equity. it deals with the equality among the same generations as
required to accomplish the goals of the concept of sustainable far as the utilization of resources are concern. It includes fair
development. One of the primary object of the concept of utilization of global resources among the human beings of the
intergenerational equity is the development of resources by one present generation. The concept of intra-generational equity
generation enhance the opportunity of economic sustainability provides rights and duties to every person of a single generation
for the future generation. to use and take care of the renewable and non renewable
resources moderately among the members of the generation. In
Intergenerational equity contains inter-temporal implications in a developing country like India the rule of itragenerational
respect of the utilization of the resources, it tends to a fair equity is applicable to certain extend, as in this kind of
utilization of resources by human generations in past, present developing countries more resources are required for
and future, it tries to construct a balance of consumption of development of the country and to ensure economic stability.
resources by existing societies and the future generations. Inter- Industrialization is the key for the development of these
temporal aspects tries to make a balance between the countries which requires more and more renewable and non
distribution of resources and recycling of resources to a good renewable resources, in that that the legislature must enact strict
extend, which is a very concerning issue due to the growing environmental laws in relation to the implementation of the
degradation of environment and depletion of resources. This rules specified in the doctrine of intra-generational equity, and
concept has been supported by the domestic laws, The decision it must be firmly interpreted by the judiciary system of the
of the Supreme court of Philippines in the case of Minors Oposa nation. The administration of every country must be very
v Secretary of the Department of Environment and Natural conscious regarding the implementation of the rules framed by
Resources, was that each generation has the responsibility for the legislature in relation to the protection of environment and
future generations to preserve natural resources for full the laws related to the execution of the rules in respect of the
enjoyment of the natural ecology. The concept of intra-generational equity. The resources which are not
intergenerational equity promotes socio-economic preserved for the future generation and are available for the
development and it makes a bridge between social and current generation must be equally distributed among all the
economic development with environmental protection. members of the present generation. To a certain extend it
The development of sustainable development as a customary becomes very difficult regulate those resources among all the
international law is also has been described by the Vice members of the generation due to national territories,
President of ICJ, in Gabeikovo-Nagvmaros Project, they international provinces, condition of the international society
claimed that sustainable development is not a concept, it is far and many more, but it may be done impliedly, globalization can
ahead of that, as it has become the modern customary make things better and easier for proper implementation of the
international law. doctrine.

3rd principal of Rio declaration mentioned about the concept of Intergenerational equity and intra-generational equity both
intergenerational equity, it was stated that development must be requires sustainability. Proper distribution of renewable and
done in such a manner, as it equably meet the environmental non-renewable resources is the key of the concept of sustainable
and developmental needs of the present as well as the future development. Where intergenerational equity tries to distribute
generation. The main object of this principal is that to make sure among present and future generation; intra-generational equity
the rights of the future generation upon the non-renewable deals with the distribution of resources between the members of
resources, which might be abused by the present generation. the same generation. Due to the lack of proper execution of the
15th Principal of the Rio declaration has been documented as doctrine of sustainable development, the present environment
the most significant part as to sustainable development; it states of the entire earth is in question, the rule of intergenerational
that as per the capabilities of the states, precautionary steps equity and intra-generational equity must be followed to save
should be taken by the states to ensure the protection of the the world from the present situation, global warming is one of
environment. Any stride which may cause environmental the main reasons for degradation of the environment, it not only
degradation should be neglected. In other words it can be said harms the environment of earth but also injures surviving ability
that the legislation and the appropriate government is of the living creature.
empowered to prevent and attack the reasons of environmental SUSTAINABLE DEVELOPMENT
degradation. In the 16th Principal of the Rio declaration it is
stated that the National Powers should emphasis the promotion Sustainable development is development that meets the needs
of the internationalization of environmental cost and the use of of the present without compromising the ability of future
fiscal instrument, in principal, the polluter should be generations to meet their own needs. It contains within it two
responsible for the restoration of such pollution and the polluter key concepts:
may be compelled to compensate for that environmental
degradation.  The concept of 'needs', in particular the essential needs
of the world's poor, to which overriding priority should
 The idea of limitations imposed by the state of deprivation is widespread. Though the issue is not merely one
technology and social organization on the of population size but of the distribution of resources,
environment's ability to meet present and future needs. sustainable development can only be pursued if demographic
developments are in harmony with the changing productive
2. Thus the goals of economic and social development must be potential of the ecosystem.
defined in terms of sustainability in all countries - developed or
developing, market-oriented or centrally planned. 8. A society may in many ways compromise its ability to meet
Interpretations will vary, but must share certain general features the essential needs of its people in the future - by overexploiting
and must flow from a consensus on the basic concept of resources, for example. The direction of technological
sustainable development and on a broad strategic framework developments may solve some immediate problems but lead to
for achieving it. even greater ones. Large sections of the population may be
marginalized by ill-considered development.
3. Development involves a progressive transformation of
economy and society. A development path that is sustainable in 9. Settled agriculture, the diversion of watercourses, the
a physical sense could theoretically be pursued even in a rigid extraction of minerals, the emission of heat and noxious gases
social and political setting. But physical sustainability cannot into the atmosphere, commercial forests, and genetic
be secured unless development policies pay attention to such manipulation are all examples or human intervention in natural
considerations as changes in access to resources and in the systems during the course of development. Until recently, such
distribution of costs and benefits. Even the narrow notion of interventions were small in scale and their impact limited.
physical sustainability implies a concern for social equity Today's interventions are more drastic in scale and impact, and
between generations, a concern that must logically be extended more threatening to life-support systems both locally and
to equity within each generation. globally. This need not happen. At a minimum, sustainable
development must not endanger the natural systems that
I. The Concept of Sustainable Development support life on Earth: the atmosphere, the waters, the soils, and
The satisfaction of human needs and aspirations in the major the living beings.
objective of development. The essential needs of vast numbers 10. Growth has no set limits in terms of population or resource
of people in developing countries for food, clothing, shelter, use beyond which lies ecological disaster. Different limits hold
jobs - are not being met, and beyond their basic needs these for the use of energy, materials, water, and land. Many of these
people have legitimate aspirations for an improved quality of will manifest themselves in the form of rising costs and
life. A world in which poverty and inequity are endemic will diminishing returns, rather than in the form of any sudden loss
always be prone to ecological and other crises. Sustainable of a resource base. The accumulation of knowledge and the
development requires meeting the basic needs of all and development of technology can enhance the carrying capacity
extending to all the opportunity to satisfy their aspirations for a of the resource base. But ultimate limits there are, and
better life. sustainability requires that long before these are reached, the
5. Living standards that go beyond the basic minimum are world must ensure equitable access to the constrained resource
sustainable only if consumption standards everywhere have and reorient technological efforts to relieve the presume.
regard for long-term sustainability. Yet many of us live beyond 11. Economic growth and development obviously involve
the world's ecological means, for instance in our patterns of changes in the physical ecosystem. Every ecosystem
energy use. Perceived needs are socially and culturally everywhere cannot be preserved intact. A forest may be
determined, and sustainable development requires the depleted in one part of a watershed and extended elsewhere,
promotion of values that encourage consumption standards that which is not a bad thing if the exploitation has been planned and
are within the bounds of the ecological possible and to which the effects on soil erosion rates, water regimes, and genetic
all can reasonably aspire. losses have been taken into account. In general, renewable
6. Meeting essential needs depends in part on achieving full resources like forests and fish stocks need not be depleted
growth potential, and sustainable development clearly requires provided the rate of use is within the limits of regeneration and
economic growth in places where such needs are not being met. natural growth. But most renewable resources are part of a
Elsewhere, it can be consistent with economic growth, provided complex and interlinked ecosystem, and maximum sustainable
the content of growth reflects the broad principles of yield must be defined after taking into account system-wide
sustainability and non-exploitation of others. But growth by effects of exploitation.
itself is not enough. High levels of productive activity and 12. As for non-renewable resources, like fossil fuels and
widespread poverty can coexist, and can endanger the minerals, their use reduces the stock available for future
environment. Hence sustainable development requires that generations. But this does not mean that such resources should
societies meet human needs both by increasing productive not be used. In general the rate of depletion should take into
potential and by ensuring equitable opportunities for all. account the criticality of that resource, the availability of
7. An expansion in numbers can increase the pressure on technologies tor minimizing depletion, and the likelihood of
resources and slow the rise in living standards in areas where substitutes being available. Thus land should not be degraded
beyond reasonable recovery. With minerals and fossil fuels, the forests, and land. This enforcement of the 'common interest' did
rate of depletion and the emphasis on recycling and economy not necessarily impede growth and expansion though it may
of use should be calibrated to ensure that the resource does not have limited the acceptance and diffusion of technical
run out before acceptable substitutes are available. Sustainable innovations.
development requires that the rate of depletion of non
renewable resources should foreclose as few future options as 19. Local interdependence has, if anything, increased because
possible. of the technology used in modern agriculture and
manufacturing. Yet with this surge of technical progress, the
13. Development tends to simplify ecosystems and to reduce growing 'enclosure' of common lands, the erosion of common
their diversity of species. And species, once extinct, are not rights in forests and other resources, and the spread of
renewable. The loss of plant and animal species can greatly commerce and production for the market, the responsibilities
limit the options of future generations; so sustainable for decision making are being taken away from both groups and
development requires the conservation of plant and animal individuals. This shift is still under way in many developing
species. countries.

14. So-called free goods like air and water are also resources. 20. It is not that there is one set of villains and another of
The raw materials and energy of production processes are only victims. All would be better off if each person took into account
partly converted to useful products. The rest comes out as the effect oœ" his or her acts upon others. But each is unwilling
wastes. Sustainable development requires that the adverse to assume that others will behave in this socially desirable
impacts on the quality of air, water, and other natural elements fashion, and hence all continue to pursue narrow self-interest.
are minimized so as to sustain the ecosystem's overall integrity. Communities or governments can compensate for this isolation
through laws, education, taxes, subsidies, and other methods.
15. In essence, sustainable development is a process of change Well-enforced laws and strict liability legislation can control
in which the exploitation of resources, the direction of harmful side effects. Most important, effective participation in
investments, the orientation of technological development; and decision-making processes by local communities can help them
institutional change are all in harmony and enhance both current articulate and effectively enforce their common interest.
and future potential to meet human needs and aspirations.
21. Interdependence is not simply a local phenomenon. Rapid
growth in production has extended it to the international plane,
II. Equity and the Common Interest with both physical and economic manifestations. There are
16. Sustainable development has been described here in general growing global and regional pollution effects, such as in the
terms. How are individuals in the real world to be persuaded or more than 200 international river basins and the large number
made to act in the common interest? The answer lies partly in of shared seas.
education, institutional development, and law enforcement. But 22. The enforcement of common interest often suffers because
many problems of resource depletion and environmental stress areas of political jurisdiction and areas of impact do not
arise from disparities in economic and political power. An coincide. Energy policies in one jurisdiction cause acid
industry may get away with unacceptable levels or air and water precipitation in another. The fishing policies of one state affect
pollution because the people who bear the brunt of it are poor the fish catch of another. No supranational authority exists to
and unable to complain effectively. A forest may be destroyed resolve such issues, and the common interest can only be
by excessive felling because the people living there have no articulated through international cooperation.
alternatives or because timber contractors generally have more
influence then forest dwellers. 23. In the same way, the ability of a government to control its
national economy is reduced by growing international
17. Ecological interactions do not respect the boundaries of economic interactions. For example, foreign trade in
individual ownership and political jurisdiction. Thus: commodities makes issues of carrying capacities and resource
In a watershed, the ways in which a farmer up the slope uses scarcities an international concern. (See Chapter 3.) If
land directly affect run-off on farms downstream. the irrigation economic power and the benefits of trade were more equally
practices, pesticides, and fertilizers used on one farm affect the distributed, common interests would be generally recognized.
productivity of neighbouring ones, especially among small But the gains from trade are unequally distributed, and patterns
farms. The efficiency of a factory boiler determines its rate of of trade in, say, sugar affect not merely a local sugar-producing
emission of soot and noxious chemicals and affects all who live sector, but the economies and ecologies of the many developing
and work around it. The hot water discharged by a thermal countries that depend heavily on this product.
power plant into a river or a local sea affects the catch of all 24. The search for common interest would be less difficult if all
who fish locally. development and environment problems had solutions that
18. Traditional social systems recognized some aspects of this would leave everyone better off. This is seldom the case, and
interdependence and enforced community control over there are usually winners and losers. Many problems arise from
agricultural practices and traditional rights relating to water, inequalities in access to resources. An inequitable landowner
ship structure can lead to overexploitation of resources in the
smallest holdings, with harmful effects on both environment PRINCIPLE OF COMMON BUT DIFFERENTIATED
and development. Internationally, monopolistic control over RESPONSIBILITIES
resources can drive those who do not share in them to excessive
exploitation of marginal resources. The differing capacities of PRECAUTIONARY PRINCIPLE
exploiters to commandeer 'free' goods - locally, nationally, and The precautionary principle requires that, if there is a strong
internationally - is another manifestation of unequal access to suspicion that a certain activity may have environmentally
resources. 'Losers' in environment/development conflicts harmful consequences, it is better to control that activity now
include those who suffer more than their fair share of the health, rather than to wait for incontrovertible scientific evidence. This
property, and ecosystem damage costs of pollution. principle is expressed in the Rio Declaration, which stipulates
25. As a system approaches ecological limits, inequalities that, where there are “In order to protect the environment, the
sharpen. Thus when a watershed deteriorates, poor farmers precautionary approach shall be widely applied by States
suffer more because they cannot afford the same anti-erosion according to their capabilities. Where there are threats of
measures as richer farmers. When urban air quality deteriorates, serious or irreversible damage, lack of full scientific certainty
the poor, in their more vulnerable areas, suffer more health shall not be used as a reason for postponing cost-effective
damage than the rich, who usually live in more pristine measures to prevent environmental degradation.” (PRINCIPLE
neighbourhoods. When mineral resources become depleted, 15 of Rio Declaration 1992)
late-comers to the industrialization process lose the benefits of PREVENTIVE PRINCIPLE
low-cost supplies. Globally, wealthier nations are better placed
financially and technologically to cope with the effects of The ‘polluter pays’ principle is the commonly accepted practice
possible climatic change. that those who produce pollution should bear the costs of
managing it to prevent damage to human health or the
26. Hence, our inability to promote the common interest in environment. For instance, a factory that produces a potentially
sustainable development is often a product of the relative poisonous substance as a by-product of its activities is usually
neglect of economic and social justice within and amongst held responsible for its safe disposal. The polluter pays
nations. principle is part of a set of broader principles to guide
sustainable development worldwide.
OBLIGATION NOT TO CAUSE TRANSBOUNDARY National authorities should endeavour to promote the
HARM internalization of environmental costs and the use of economic
Due diligence obligations have significantly arisen in areas of instruments, taking into account the approach that the polluter
transboundary environmental harm (Kulesza 2016). In should, in principle, bear the cost of pollution, with due regard
international environmental law, due diligence is an important to the public interest and without distorting international trade
component of the obligation to prevent transboundary harm. and investment. (PRINCIPLE 16 of Rio Declaration 1992)
This obligation requires states to take measures to protect
persons or activities beyond their respective territories in order
to prevent harmful events and outcomes. The International
Court of Justice (ICJ) confirmed the customary nature of this
principle in 1949 in Corfu Channel3 when referring to a state’s
obligation to not knowingly allow its territory to be used for
acts contrary to the rights of other states. The Draft Articles on
the Prevention of Transboundary Harm from Hazardous
Activities (ILC) also indicate that states have a duty to prevent
significant transboundary harm (Article 3) and provide an
assessment of possible transboundary harm (Article 7).
Moreover, the Trail Smelter (United States vs. Canada) case
asserts the following:

No State has the right to use or permit the use of its territory in
such a manner as to cause injury by the emission of fumes in or
transported to the territory of another or the properties or
persons therein, when the case is of serious consequence and
injury is established by clear and convincing evidence. (Reports
on International Arbitral Awards, Trail Smelter case (United
States, Canada), 16 April 1938 and 11 March 1941, vol. III, pp.