ENVIRONMENTAL
LAWS


WHAT
IS
ENVIRONMENTAL
LAW?

 PRINCIPLES
INFLUENCING

ENVIRONMENTAL
LAWS

• Environmentalism


• ecology,
conserva2on,
stewardship,

responsibility
and
sustainability

 AREAS
OF
CONCERN

•  air
quality
and
water
 •  pes2cides
and

quality
 hazardous
chemicals,

•  global
climate
change
 •  waste
management
and

•  agriculture
 remedia2on
of

•  biodiversity
and
species
 contaminated
land

protec2on
 •  management
of
public

lands
and
natural

resources

TREATIES

1.
Basel
Conven?on
on
the
Control
of

Transboundary
Movements
of
Hazardous
Wastes

and
their
Disposal
(1992)

•  the
most
comprehensive
global

environmental
agreement
on

hazardous
and
other
wastes


•  aims
to
protect
human
health
and

the
environment
against
the

adverse
effects
of
hazardous

wastes:

–  genera2on
and
management

–  transboundary
movements

–  disposal

 CONVENTION
ON
BIOLOGICAL

DIVERSITY

•  Resulted
from
the
recogni2on
that
damage
to

biodiversity
can
only
be
effec2vely
dealt
with

in
a
comprehensive
manner
(not
dealing
with

specific
species
or
habitats)


•  three
main
objec2ves:

– conserva2on
of
biodiversity;

– sustainable
use
of
its
components;
and

– fair
and
equitable
sharing
of
the
benefits
arising

from
gene2c
resources.

CONVENTION
ON
INTERNATIONAL
TRADE

IN
ENDANGERED
SPECIES
(CITES)

•  an
interna2onal
agreement
between

governments


•  aim
to
ensure
that
interna2onal
trade
in

specimens
of
wild
animals
and
plants
does
not

threaten
their
survival


•  Widespread
informa2on
dissemina2on
about
the

endangered
status
of
many
prominent
species,

such
as
the
2ger
and
elephants

 CONVENTION
ON
MIGRATORY
SPECIES
OF

WILD
ANIMALS
(BONN
CONVENTION)

•  aims
to
conserve
terrestrial,
marine
and
avian

migratory
species
throughout
their
range
(global

scale)


•  aim
to
conserve
popula2ons
of:

– European
Bats;
Cetaceans
of
the
Mediterranean
Sea;

– Black
Sea
and
Con2guous
Atlan2c
Area;


– Small
Cetaceans
of
the
Bal2c,
North‐East
Atlan2c,
Irish

and
North
Seas;

– Seals
in
the
Wadden
Sea;
African‐Eurasian
Migratory

Waterbirds;

– Albatrosses
and
Petrels;

– Gorillas
and
their
Habitats

KYOTO
PROTOCOL

•  broke
new
ground
by
defining
three
innova2ve

“flexibility
mechanisms”
to
lower
the
overall
costs

of
achieving
its
emissions
targets


•  mechanisms
enable
Par2es
to
access
cost‐
effec2ve
opportuni2es
to
reduce
emissions
or
to

remove
carbon
from
the
atmosphere
in
other

countries

– Emissions
trading
(carbon
market)

– Clean
development
mechanism

– Joint
implementa2on

United
Na?ons
Framework
Conven?on
on

Climate
Change
(UNFCCC)

•  consider
what
can
be
done
to
reduce
global

warming
and
to
cope
with
whatever
temperature

increases
are
inevitable

– COP15
and
COP5
held
last
month
in
Copenhagen

concluded
on
Saturday,
19
December
2009

– key
points
(objec2ves)

•  to
keep
the
maximum
temperature
rise
to
below
2
degrees

Celsius

•  the
commitment
to
list
developed
country
emission

reduc2on
targets
and
mi2ga2on
ac2on
by
developing

countries
for
2020

•  mechanisms
to
support
technology
transfer
and
forestry.

 CHAIN
SAW
ACT
(2002)

Republic
Act
9175

•  AN
ACT
REGULATING
THE
OWNERSHIP,
POSSESSION,
SALE,

IMPORTATION
AND
USE
OF
CHAIN
SAWS,
PENALIZING

VIOLATIONS
THEREOF
AND
FOR
OTHER
PURPOSES


•  Persons
authorized
to
posses
or
use
chain
saw:

–  has
a
subsis2ng
2mber
license
agreement,
produc2on
sharing

agreement,
or
similar
agreements,
or
a
private
land
2mber

permit;

–  is
an
orchard
and
fruit
tree
farmer;

–  is
an
industrial
tree
farmer;

–  is
a
licensed
wood
processor
and
the
chain
saw
shall
be
used
for

the
cudng
of
2mber
that
has
been
legally
sold
to
said
applicant

–  shall
use
the
chain
saw
for
a
legal
purpose.





 Ecological
Solid
Waste


Management
Act
of
2000


(Republic
Act
No.
9003)

•  Segrega2on
and
collec2on
of
solid
waste
shall

be
conducted
at
the
barangay
level
specifically

for
biodegradable,
compostable
and
reusable

wastes:


– Provided,
that
the
collec/on
of
non‐recyclable

materials
and
special
wastes
shall
be
the

responsibility
of
the
municipality
or
city
(Sec/on

10)

 Philippine
Clean
Air
Act
of
1999

Republic
Act
No.
8749

•  The
State
shall
promote
and
protect
the
global

environment
to
aeain
sustainable
development

while

recognizing
the
primary
responsibility
of

local
government
units
to
deal
with

environmental
problems.


•  The
State
recognizes
that
the
responsibility
of

cleaning
the
habitat
and
environment
is
primarily

area‐based.


•  The
State
also
recognizes
the
principle
that

“polluters
must
pay”.

 Animal
Welfare
Act
of
1998


Republic
Act
No.
8485

•  Act
to
protect
and
promote
the
welfare
of
all

animals
in
the
Philippines
by
supervising
and

regula2ng
the
establishment
and
opera2ons

of
all
facili2es
u2lized
for
breeding,

maintaining,
keeping,
trea2ng
or
training
of
all

animals
either
as
objects
of
trade
or
as

household
pets.


– pet
animal
shall
include
bird


•  Any
form
of
cruelty
shall
be
penalized

 Philippine
Mining
Act
of
1995

Republic
Act
No.
7942

•  All
mineral
resources
in
public
and
private
lands

within
the
territory
and
exclusive
economic
zone

of
the
Republic
of
the
Philippines
are
owned
by

the
State.


•  It
shall
be
the
responsibility
of
the
State
to

promote
their
ra1onal
explora2on,
development,

u2liza2on
and
conserva2on
through
the

combined
efforts
of
government
and
the
private

sector
in
order
to
enhance
na1onal
growth
in
a

way
that
effec2vely
safeguards
the
environment

and
protect
the
rights
of
affected
communi2es

KUMUSTA
NAMAN???

IS
IT
TOO
LATE???

 END
OF
COVERAGE

EXAMINATION
2

Biodiversity
to
Environmental
Laws


Exam
2
on
February
2,
2010

 ASSIGNMENT

•  Worksheet
on
Philippine
Environmental
Laws


•  Work
in
Pairs


•  Submit
Next
Mee2ng