PIL REVIEWER
Chapter 16 International Environmental Law and Chapter 17 on International Economic Law
INTERNATIONAL ENVIRONMENTAL LAW
 The protection of the environment is now also a
concern of international law
a. Protection of the atmosphere, the sea, land, flora
and fauna
b. Preservation of the cultural heritage of mankind
 The protection of the environment is a vital part
of contemporary human rights doctrine, for it is a
sine qua non for numerous human rights such as
the right to health, and the right to life itself
WHO HAVE ENVIRONMENTAL RIGHTS?
 Persons capable of having rights
 Minors pleading for intergenerational protection
(Factoran case)
SUSTAINABLE DEVELOPMENT
 A concept adopted by the World Commission on
Environment and Development
 This encourages development in a manner and
according to methods which do not compromise the
ability of future generation and other States to meet
their needs
EMERGING PRINCIPLES
 The following are only declarations, they do not
have the force of law
1. Stockholm Declaration
 Man has fundamental right to freedom, equality
and adequate conditions of life, in an environment
of a quality that permits a life of dignity and well-
being, and he bears a solemn responsibility to
protect and improve the environment for present
and future generations
 Natural resources of the earth, including the air,
water, land, flora and fauna and especially
representative samples of natural ecosystems, must
be safeguarded
 Man has a special responsibility to safeguard and
wisely manage the heritage of wildlife and its
habitat
 The struggle of the peoples of ill countries
against pollution should be supported
 States shall take all possible steps to prevent
pollution of the seas
*Resources should be made available to preserve
and improve the environment
 Rational planning constitutes an essential tool for
reconciling any conflict between the needs of
development and the need to protect and improve
the environment
 International matters concerning the protection
and improvement of the environment should be
handled in a cooperative spirit by all countries on
an equal footing
 Man and his environment must be spared the
effects of nuclear weapons and all other means of
mass destructions
2. Rio Declaration
 Human beings are at the center of concerns for
sustainable development
 States have the sovereign right to exploit their
own resources
 In order to achieve sustainable development,
environmental protection shall constitute an
integral part of the development process and cannot
be considered in isolation from it
 The special situation and needs of developing
countries shall be given special priority
 Environmental issues are best handled with the
participation of all concerned citizens, at the
relevant level
 States shall develop national law regarding
liability and compensation for the victims of
pollution and other environmental damage
 States shall immediately notify other States of
any natural disasters or other emergencies that are
likely to produce sudden harmful effects on the
environment of those States
 Warfare is inherently destructive of sustainable
development Some Treaties
a. Vienna Convention for the Protection of the
Ozone Layer – the layer of the atmospheric ozone
above the planetary boundary layer
b. UN Conference on Environment and
Development – stabilization of greenhouse gas
concentration in the atmosphere at a level that
would prevent dangerous anthropogenic
interference with the climate system
c. Kyoto Protocol – protection of the atmosphere
d. Convention on International Trade in
Endangered Species of Wild Fauna and Flora
e. Convention on Biological Diversity
Regional Treaties
a. Treaty of Rome
b. North American Agreement on Environmental
Cooperation
c. Protocol on Environmental Protection to the
Antarctic Treaty
d. Amazon Declaration
INTERNATIONAL ECONOMIC LAW
What is International Economic Law?
 In its broadest sense includes all international law
and international agreements governing economic
transactions that cross state boundaries or that
otherwise have implications for more than one state
 Characteristics:
1. It is part of public international law o Treaties
alone make this so
2. It is intertwined with municipal law
3. It requires multi-disciplinary thinking
4. Empirical research is very important for
understanding its operation Important Economic
Institutions
 Objectives of the Bretton Woods Conference of
1944:
1. To advance the reduction of tariffs and other
trade barriers
2. To create a global framework designed to
minimize economic conflicts
 International Monetary Fund o Function: to
provide short-term financing to countries in balance
of payments difficulties
 International Bank for Reconstruction and
Development [World Bank]
-Provide long-term capital to support growth and
development
 International Trade Organization (ITO)
-Promote a liberal trading system by proscribing
certain protectionist trade rules
-ITO  General Agreement on Tariff and Trade
(GATT)  World Trade Organization (WTO)
 WTO
- Oversees the operation of GATT and a new
General Agreement on Trade and Services Key
Principles of International Trade Law
1. Agreed Tariff Levels o GATT contains specified
tariff levels for each State o However, these can be
re-negotiated
2. Most Favored Nation Principle
-Embodies the principle of non-discrimination
-Any special treatment given to a product from one
trading partner must be available for like products
originating from or destined for other contracting
partners
-Tariff concessions
3. Principle of National Treatment
-Prohibits discrimination between domestic
producers and foreign producers
-Once foreign producers have paid the proper
border charges, no additional burdens may be
imposed on foreign products
4. Principle of Tariffication
-Prohibits the use of quotas on imports or exports
and the use of licenses on importation or
exportation
-Purpose: to prevent the imposition of non-tariff
barriers
e. Strengthening of the rules on subsidies,
countervailing duties and atidumping
 International Economic Law affects the
sovereignty of States and their capacity to give
force to national policy objectives

Exception:

GATT provides for a quantitative and temporary

basis for balance of payments or infant industry
reasons in favor of developing states

Exceptions to Key Principles

1. General exceptions a. Public morals b. Public

health c. Currency protection d. Products of prison
labor e. National treasures of historic, artistic or
archaeological value f. Protection of exhaustible
natural resources

2. Security exceptions

3. Regional Trade exceptions

4. Exceptions for developing nations [Tanada v.

Angara] Dispute Resolution Body

 Established by the WTO agreement

 Consists of General Council of the WTO

 Operates under the Understanding on Rules and

Procedures Governing the Settlement of Disputes
1994

a. Each State has a right to establish a Panel

b. It provided for a permanent Appellate Body
consisting of persons with recognized expertise in
law Expanding Scope of International Economic
Law

 Uruguay Round of 1994 expanded the scope of

the multilateral trade regime

 It includes: a. Intellectual property b. Services c.

Sanitary and physiosanitary measures d. Investment