| NATURAL RESOURCES AND ENVIRONMENTAL LAW Prof. Antonio G.M. La Vila | University of Makati College of Law: First Semester, SY 2018-19 Course Description and Objectives This course is designed for future lawyers, for those who are seeking a more indepth knowledge of natural resources and environmental law. It will also serve as a foundational course for those hoping to specialize in this field. As a general course, at the end of the term, the students will acquire the basic principles, policies and remedies provided by Philippine environmental Jaw and policy. It wil also provide an overview of international environmental law. This course is designed with the following objectives. At the end of the course, the students should be able to: * understand the basic legal and constitutional concepts that underpin * Philippine environmental and natural resources law and policy; ‘© appreciate the environmental and natural resources governance system of the Philippines, including understanding the role of key government agencies and other actors in the system; * acquire knowledge on specific areas of Phiippinbs environmental and natural resources law; * apply legal remedies available for environmental cases using the environmental rule of procedure * appreciate the linkage between national laws and intemational environmental law | * acquire knowledge on specific international environmental issues such as climate change and biological diversity. ‘Textbook: Philippine Law and Ecology by Prof. Antonio G.IM. La Viria Volumes 4 and 2. (PDF copies wil be provided although students may order print versions.) Requirements: Students will be graded as follows: quizzes, recitation and class discussions (1/5 of grade, individual grade), moot court exercise (1/5 of grade, group grade), negotiation exercise (1/5 of grade, class grade), (1 group presentation and paper (1/5 of grade, group grade), and individual reflection Paper (1/5 of grade, individual). We will also have a system of incentives that will allow students to increase their grade. |. INTRODUCTION | (1) Course expectations and overview(2) Overview of Philippine Environmental Issues (3) The Constitutional and Legal Framework on Natural Resources and the Environment Pope Francis, “Laudato si: On the Care of our Common Home"; download at http://w2, vatican. va/content/dam/francesco/pat/encyclicals/documents/papa- francesco 20150524 enciclica-laudato-si_en.pdf “Full texts (including other opinions — dissent, concurrences) of: Oposa v. Factoran (G.R. No. 101083 July 30, 1993) Concerned Citizens vs. MMDA (G.R. Nos. 171947-48, December 18, 2008) ISAAA vs. Greenpeace, GR No. 209271 (December 8, 2015; ) — see also resolution ‘on motion for reconsideration decided on August 18, 2016, http://sc. judiciary. gov. ph/patf/web/viewer.htmI?file=/jurisprudence/2016/july2016/209 271.pdf) Resident Mammals vs. Reyes G.R. No. 180771 (April 21, 2015) Carino vs. Insular Government (212 U.S. 449,1909) Cruz vs. NCIP (G.R. No. 135385. December 6, 2000) II. Institutional Framework for Natural Resources and the Environment (1) The DENR and other agencies in the executive branch (2) The role of Congress (3) The emergence of the Judiciary (4) Other relevant actors, *Preface and Chapter 1 of Volume 4 (pp. 1-121), Philippine Law and Ecology *Chapter 2 of Volume 1 (pp. 122-152), Philippine Law and Ecology Ill, Environmental Impact Assessment (1) The rationale of the EIA system (2) The legal framework for EIA in the Philippines (8) Social acceptability in the EIA system *Chapter 3 of Volume 1 (pp. 153-207), Philippine Law and Ecology IV. Forests (1) State of our forests (2) Legal Framework on forests (3) Reversing deforestation and degradation “Chapter 4 of Volume 1 (pp. 208-264), Philippine Law and EcologyV. Protected Areas, Wildlife and Biodiversity (1) State of protected areas, wildlife and biodiversity in the Philippines (2) The legal framework for protected areas, wildlife and biodiversity (3) The international context of biodiversity and species protection “Chapters 5 and 6 of Volume 4 (pp. 273-322), Philippine Law and Ecology “Biodiversity chapter in Volume 2, Philippine Law and Ecology (specific chapter and pages to be provided later) VI. Fisheries, Coastal and Marine Resources 4. State of Philippine fisheries, coastal and marine resources 2. The legal framework for fisheries and marine resources 3. International agreements on fisheries and marine pollution *Chapters 7 of Volume 1 (pp. 333-364), Philippine Law and Ecology *Fisheries and marine chapter in Volume 2, Philippine Law and Ecology (specific chapter and pages to be provided later) The Republic of the Philippines v. the People’s Republic of China — https://pca- cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf Bateman, Behm, et. al Assessing the South China Award July 2016) Jhwwoow asp, lication: jing-the th-china- rd/SI1 Chil inthol Antonio T. Carpio, Protecting the nation’s marine wealth in the West Philippine sea (2014), download at http://sc.judici phi i 14-speech.pdf Paterno Esmaquel ll, Top Philippine judge uses Chinese maps vs. China (see full presentation of Justice Carpio embedded in the Rappler article), download at 7 a 167-1 i * china Vil. Solid Waste Management 1. Solid waste management issues In the Philippines 2. The legal framework on waste management 3. Overcoming the solid waste challenge *Chapter 9 of Volume 1 (pp. 455-486), Philippine Law and EcologyVill. Industrial, Air and Water Pollution | 1. Toxic and Hazarduos Wastes 2. Cleaning the air 3. Cleaning the water | *Chapter 10 of Volume 1 (pp. 487-535), Philippine Law and Ecology 1X. The environmental rules of court | Overall framework of environmental litigation The Writ of Kalikasan Continuing Mandamus SLAPP cases Precautionary principle as rule of evidence | Seep *See Part 2 of Volume 2 of Philippine Law and Ecology X. Overview of International Environmental Law 4. The evolution of international environmental law 2. Assurvey of muttlateral environmental agreements 3. A focus on Climate Change: climate change negotiations and climate justice moot court | *See Part 1 of Volume 2 of Philippine Law and Ecology, and Chapter 11 of Volume 1 (pp. 538-555), | “Additional materials will be provided on climate change