Professional Documents
Culture Documents
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ENVIRONMENTAL LAW-has been defined as that set of Sec. 16, Art. II : The State shall protect and advance the right o f
legal rules addressed specifically to activities which the people to a balanced and healthful ecology in accord with the
potentially affect the quality of the environment, whether rhythm and harmony of nature.
natural or man-made. It consists of international and
national laws relating to the protection and enforcement of Sec. 2 (2), Art. XII: The State shall protect the nation’s marine
the environment and encompasses both “hard law” (i.e. wealth in its archipelagic waters, territorial sea, and exclusive
international treaties and national legislations) and “soft economic zone, and reserve its use and enjoyment exclusively to
law” (i.e. guidelines, standards, etc.). Its elements are Filipino citizens.
derived from sectoral subject areas (e.g., air, marine and
inland water, soil, energy, biological diversity) and Sec.5, Art. XII: The State, subject to the provisions of this
functional tasks (e.g. environmental impact assessment, Constitution and national development policies and programs, shall
natural resources accounting, environmental auditing, etc.) protect the rights of indigenous cultural communities to their
[Craig, 2002). ancestral lands to ensure their economic, social, and cultural well-
being.
What is the difference between old natural resources The Congress may provide for the applicability of customary
law and the environmental law we have today? laws governing property rights or relations in determining the
ownership and extent of ancestral domain. (Note: Indigenous
Old: Use-oriented/profit-oriented, no thoughts on what peoples’ t raditional ecological knowledge is an integral part of
could happen, focuses on unlimited exploitation of understanding the environment).
resources.
UN FRAMEWORK CONVENTION ON
Present: Resource-oriented, basically aimed at long-term
management and sustainable use of natural resources.
CLIMATE CHANGE (UNFCCC)
SUSTAINABLE DEVELOPMENT (Tagalog: Likas-kayang International Environmental Treaty that was produced at the UN
pag-unlad ) -often equated with ―development without Conference on Environment and Development. It is aimed at
destruction.‖ It is optimal development with minimal STABILIZING greenhouse gas concentrations in the atmosphere at a
destruction. In short, “wise use” of the environment. By level that would prevent interference with climate system.
wise use is meant sustainable utilization for the benefit of
mankind in a way compatible with the maintenance of the Since the UNFCCC entered into force, the parties have been meeting
natural elements of the ecosystem. It is, in other words, a annually in Conferences of the Parties (COP) to assess progress in
forward-looking development. dealing with climate change, and beginning in the mid -1990s, to
negotiate the Kyoto Protocol to establish legally binding obligations
for developed countries to reduce their greenhouse gas emissions.
Philippines which include forests, upland farms, grassland and wildlife sanctuaries and refuge, marine parks, and
degraded areas, coastal zone and freshwater, and urban areas. biospheric reserves;
Formulate an up-to-date listing of endangered Philippine
(2) Environmental Management Bureau (EMB) - the primary flora and fauna and recommend a program of conservation
government agency under the Department of Environment and and propagation of the same;
Natural Resources to formulate, integrate, coordinate, supervise and Assist the Secretary in the monitoring and assessment of
implement all policies, programs, projects and activities relative to the management of the Integrated Protected Areas
the prevention and control of pollution as well as the management System and provide technical assistance to the regional
and enhancement of environment (e.g. It is mainly responsible for offices in the implementation of programs for these
the implementation and enforcement of RA 8749 (Phil Clean Air Act areas;
of 1999). Formulate and recommend policies, guidelines, rules and
regulations for the preservation of biological diversity,
(3) Forest Management Bureau (FMB) - provides support for the genetic resources, the endangered Philippine flora and
effective protection, development, occupancy management, and fauna;
conservation of FOREST LANDS and WATERSHEDS. Perform other functions as may be assigned by the
Secretary and/or provided by law.
(4) Land Management Bureau (LMB)- As per Executive Order
192, LMB shall ADVISE the Secretary on matters pertaining to
rational land classification, management, and disposition. PD 1151: PHILIPPINE ENVIRONMENTAL
It is an agency of the Philippine government under the Department POLICY
of Environment and Natural Resources responsible for administering,
surveying, managing, and disposing Alienable and Disposable (A&D) Purpose: To protect the right of the people to a healthy
lands and other government lands not placed under the jurisdiction environment through a requirement of environmental impact
of other government agencies. assessments and statements
organizations and entities, to use all practicable means, the maintenance and enhancement of the long-
consistent with other essential considerations of national term productivity of the same; and
policy, in promoting the general welfare to the end that the whenever a proposal involves the use of depletable
nation may (a) recognize, discharge, and fulfil the or non-renewable resources, a finding must be
responsibilities of each generation as trustee and guardian of made that such use and commitment are
the environment for the succeeding generations, (b) assure warranted.
the people of a safe, decent, helpful, productive, and
aesthetic environment, (c) encourage the widest exploitation
of the environment without degrading it, or endangering PD 1152: PHILIPPINE ENVIRONMENTAL
human life, health, and safety or cr4eating conditions CODE
adverse to agriculture, commerce, and industry, (d) preserve
important historic and cultural aspects of the Philippine
heritage, (e) attain a rational and orderly balance between Purpose: To achieve and maintain such levels of air quality as to
population and resource use, (f) improve the utilization of protect public health and to prevent to the greatest extent
renewable and non-renewable resources. practicable, injury and/or damage to plant and animal life and
property, and promote the social and economic development of the
country
(3) In furtherance of these goals and policies, the government
recognizes the right of the people to a healthful
Features:
environment. It shall be the duty and responsibility of e ach
individual to contribute to the preservation and
(1) Provided a comprehensive program of environmental
enhancement of the Philippine environment.
protection and management. The Code established specific
environment management policies and prescribes
(4) Pursuant to the above enunciated policies and goals, all environmental quality standards.
agencies and instrumentalities of the national government,
including all government owned and controlled corporations (2) To achieve and maintain such levels of air quality as to
as well as private corporations and firms and entities shall protect public health and to prevent to the greatest extent
prepare, file, and include in every action, project, or practicable, injury and/or damage to plant and animal life
undertaking which significantly affects the quality of the and property, and promote the social and economic
environment a detailed statement on: development of the country
the environmental impact of the proposed action,
(3) Prescribe management guidelines to protect and improve
project, or undertaking;
water quality through: classification of Philippine waters,
any adverse environmental effect which cannot be
establishment of water quality standards, protection a nd
avoided should the proposal be implemented;
improvement of the quality of the Philippine water
alternative to the proposed action;
resources, and responsibilities for surveillance and mitigation
a determination that the short-term uses of the
of pollution incidents
resources of the environment are consistent with
NOTE: For PD 1152, usually, Ambatol gives the student reciting (1) Whether the petitioners have locus standi
much leeway on choosing a specific title he/she wants to recite on. (2) Whether the petitioners failed to allege in their complaint a
For example: Title II: Water Quality Management . So, make sure to specific legal right violated by the respondent Secretary for which
read one specific title thoroughly. any relief is provided by law.
obligation to ensure the protection of that right for the generations Par. 2, Sec. 10, Art. 12 of the 1987 Constitution needs an
to come. implementing law because it is merely a statement of
principle and policy (not self-executing);
(2) NO. The Court does not agree with the trial court’s conclusions Even if said passage is self-executing, Manila Hotel d oes not
that the plaintiffs failed to allege with sufficient definiteness a fall under national patrimony.
specific legal right involved or a specific legal wrong committed, and
that the complaint is replete with vague assumptions and ISSUE: Whether or not RB should be admitted as the highest bidder
conclusions based on unverified data. and hence be proclaimed as the legitimate buyer of shares.
MANILA PRINCE HOTEL VS GSIS Manila Hotel falls under national patrimony. Patrimony in its
plain and ordinary meaning pertains to heritage. When the
Constitution speaks of national patrimony, it refers not only to the
FACTS: natural resources of the Philippines, as the Constitution could have
very well used the term natural resources, but also to the cultural
Pursuant to the privatization program of the government, GSIS heritage of the Filipinos. It also refers to our intelligence in arts,
decided to sell 30-51% of the issued and outstanding shares ofthe sciences and letters. Therefore, we should develop not only our
Manila Hotel Corporation (MHC). Two bidders participated, Manila lands, forests, mines and other natural resources but also the mental
Prince Hotel Corporation (MPHC) and Malaysian Firm Renong Berhad ability or faculty of our people. Note that, for more than 8 decades
(RB). MPHC’s bid was at P41.58/per share while RB’s bid was at (9 now) Manila Hotel has bore mute witness to the triumphs and
P44.00/share. RB was the highest bidder hence it was logically failures, loves and frustrations of the Filipinos; its existence is
considered as the winning bidder but is yet to be declared so. impressed with public interest; its own historicity associated with our
Pending declaration, MPHC matches RB’s bid and invoked the Filipino struggle for sovereignty, independence and nationhood.
First policy enshrined under par. 2, Sec. 10, Art. 12 of the 1987
Constitution, but GSIS refused to accept. In turn MPHC filed a TRO Herein resolved as well is the term Qualified Filipinos which not only
to avoid the perfection/consummation of the sale to RB. pertains to individuals but to corporations as well and other juridical
entities/personalities. The term ―qualified Filipinos‖ simply means
RB then assailed the TRO issued in favor of MPH arguing among that preference shall be given to those citizens who can make a
others that: viable contribution to the common good, because of credible
competence and efficiency. It certainly does NOT mandate the
[Note: Cultural heritage: part of environmental law]. Department of Public Works and Highways (DPWH)
o Department responsible for the safety of projects in the field
ENVIRONMENTAL FUNCTIONS OF of public works. It is also responsible for the maintenance of
Philippine road network and irrigation system.
AGENCIES o Responsible for removal and demolition of structures
obstructing free flow of water.
o Integrates environmental and social concerns into road and
Department of Health (DOH)
o Has environmental health programs. These concerns infrastructure development projects.
o Utilizes Environmental Impact Assessment in its projects.
PREVENTING ILLNESS through managing the environment.
These are primarily concerned with effects of the
environment to health of people.
o Issues environmental sanitation clearance
Philippine National Police (PNP) Director of the Environmental Management Bureau (EMB), the Three
o Enforces laws involving agriculture, environment, and (3) others to be designated by the Secretary as members. The Board
natural resources. shall assume the powers and functions of the Commission/
o Apprehends violators of environmental laws. Commissioners of the National Pollution Control Commission (NPCC)
with respect to the adjudication of pollution cases under Republic Act
Department of Interior and Local Government (DILG) 3931 and Presidential Decree 984.
o Improves performance of local governments in governance,
administrative, social, and economic development and The PAB is organizationally under the supervision of the Office of t he
ENVIRONMENTAL MANAGEMENT (e.g. It may order LGUs to Secretary of the Department of Environment and Natural Resources
determine if they have proper wastewater treatment (the DENR) with Secretariat support provided by the Environmental
facilities). Management Bureau (EMB).
Philippine Atmospheric Geophysical and Astronomical Power and function maybe delegated to the DENR Regional Officers
Services Administration (PAGASA). in accordance with rules and regulations of the Board.
o Government agency for weather forecasting, flood control,
astronomical observations, and time service.
o Maintains NATIONWIDE NETWORK pertaining to observation PAB vs. CA
and forecasting of weather and other climatological
conditions affecting national safety, welfare, and economy. FACTS:
o Undertakes researches on the structure, development, and
motion of typhoons and formulates measures for their Solar Textile Finishing Corporation was involved in bleaching, rinsing,
moderation. and dyeing textiles with wastewater being directly discharged into a
o Maintains effective linkages with scientific organization here canal leading to adjacent Tullahan-Tinejeros River.
and abroad, and promotes exchange of scientific information
and cooperation among personnel engaged in atmospheric, Petitioner Board, an agency charged with the task of determining
geological, and astronomical studies. whether effluents of a particular industrial establishments comply
with or violate applicable anti-pollution statutory and regulatory
POLLUTION ADJUDICATION BOARD (EO provisions have been remarkably forbearing, enforced the applicable
standards vis-à-vis Solar.
192)
Petitioner issued an ex parte order directing Solar to i mmediately
The Pollution Adjudication Board (PAB) is a quasi-judicial body cease and desist from utilizing its wastewater pollution source
created under Section 19 of Executive Order (E.O.) 192 for the installations. Solar then went to the RTC on petitioner for certiorari.
adjudication of pollution cases. Case was, however, dismissed due to the following:
It is created under the Office of the Secretary. The Board shall be Appeal, not certiorari, is the proper remedy.
composed of the Secretary as the Chairman, Two (2) Board’s subsequent order allowing Solar to operate
Undersecretaries as may be designated by the Secretary, the temporarily rendered Solar’s petition moot and academic.
CA reversed the order of dismissal and declared the Writ of Respondents Concerned Residents filed a complaint before t he RTC
Execution null and void. It held t hat certiorari is the proper remedy in Imus, Cavite against several government agencies, among them
since the order of petitioner would result in great and irreparable the petitioners, for the cleanup, rehabilitation, and protection of
damage to Solar. Manila Bay and to submit to RTC a concerted concrete plan of action
for the purpose.
Petitioner asked the Supreme Court to review CA’s decision. It
claimed that ex-parte order with writ was issued in accordance with The complaint alleged the following:
law. It claimed that under PD 984, Sec. 7 (a), it has legal authority
to issue ex-parte orders to suspend the operations of an Water quality had fallen way below the allowable standards
establishment where there is prima facie evidence that such set by law (as confirmed by the DENR). Given the sample
establishment is discharging wastewater, the pollution level exceeds water collected, the amount of fecal coliform content is
the maximum permissible standards set by the Board. beyond the standard.
The continued neglect of officials violates several laws
Respondent’s contention: No threat to life, public health safety or
welfare. With the reckless, accumulated, and ongoing acts, omission,
commission of defendants resulting in clear and present danger to
ISSUE: Whether the CA erred in reversing the Trial Court’s decision. public health and in the depletion and contamination of the marine
life of Manila Bay, t he RTC held petitioner liable and ordered to clean
HELD: up and rehabilitate Manila Bay and to restore its water quality to
class B waters fit for swimming, skin-diving, and other forms of
Yes. The Board was acting within its powers in issuing the cease and contact recreation.
desist orders as per PD 9874, Sec. 7 (a). It is not essential that an
immediate threat to life, public health, safety exists before an ex- Petitioners appealed before the CA contending that the provisions of
parte cease and desist order may be issued. It is enough if the Board Environmental Code (PD 1152) relate only to the cleaning of specific
finds that the wastes discharged do exceed the allowable standards pollution incidents and do not cover cleaning in general. They also
set by the Board. asserted that cleaning of the Manila Bay is not a ministerial act which
can be compelled by mandamus.
MMDA vs. CONCERNED RESIDENTS OF
ISSUES:
MANILA BAY
(1) Whether Sec. 17 and 20 f PD 1152 under the headings,
FACTS: Upgrading of Water Quality and Clean-Up Operations,
envisage a clean-up in general or are they limited only to the
At the core of this case is Manila Bay, a place with proud historic cleanup of specific pollution incidents?
past, once brimming with marine life, but now a dirty and slowly (2) Can petitioner be compelled by mandamus to clean up and
dying expanse mainly due to official indifference of people and rehabilitate Manila Bay?
institutions that could have otherwise made a difference.
HELD:
(1) NO. Sec. 17 does not state that government agencies AND DUTIES, PROVIDING FUNDS
concerned ought to confine themselves to containment,
removal, and cleaning operations when specific pollution THEREFOR, AND FOR OTHER PURPOSES.
incident occurs.
Special Powers and Functions
On the contrary, Sec. 17 requires them to act even in the
absence of specific pollution incident, as long as the water 1. To make a comprehensive survey of the physical and natural
quality ―has deteriorated to a degree where its state will resources and potentialities of the Laguna Lake region
adversely affect its best usage.‖ This is not conditional on particularly its social and economic conditions, hydrologic
occurrence of any pollution incident. characteristics, power potentials, scenic and tourist spots,
regional problems, and on the basis thereof, to draft a
(2) YES. SC held that cleaning up and rehabilitating Manila Bay comprehensive and detailed plan designed to conserve and
is ministerial in nature and can be compelled by mandamus. utilize optimally the resources within the region particularly
Sec. 3 (c) of RA No. 7924 (law creating MMDA) is mandated Laguna de Bay to promote the region's rapid social and
to put up an adequate and appropriate sanitary landfill and economic development and upon approval by the National
solid waste and liquid disposal as well as alternative garbage Economic and Development Authority (NEDA) Board of such
disposal systems. This is set up by law (enjoined as a matter plan, to implement the same including projects in line with
of statutory obligations). said plan: Provided, That implementation of all fisheries
plans and programs of the authority shall require prior
consensus of the Bureau of Fisheries and Aquatic Resources
LAGUNA LAKE DEVELOPMENT AUTHORITY to ensure that such plans and programs are consistent with
(LLDA): RA 4850 and EO 927 the national fisheries plans and programs. For the purpose
of said survey, public agencies shall submit and private
The LLDA was organized by virtue of Republic Act No. 4850 as a entities shall provide necessary data except such data which
quasi-government agency with regulatory and proprietary functions. under existing laws are deemed inviolable.
Through Presidential Decree 813 in 1975, and Executive Order 927
in 1983, its powers and functions were further strengthened to 2. To provide the machinery for extending the necessary
include environmental protection and jurisdiction over the lake planning, management and technical assistance to
basin’s surface water. In 1993, through Executive Order 149, the prospective and existing investors in the region;
administrative supervision over LLDA was transferred from the Office
of the President to the Department of Environment and Natural 3. To make recommendation to the proper agencies on the
Resources (DENR). peso or dollar financing, technical support, physical
assistance and, generally, the level of priority to be accorded
agricultural, industrial and commercial projects, soliciting or
R.A. No. 4850: AN ACT CREATING THE requiring direct help from or through the government or any
LAGUNA LAKE DEVELOPMENT AUTHORITY, of its instrumentalities;
PRESCRIBING ITS POWERS, FUNCTIONS
4. To pass upon and approve or disapprove all plans, 5. To engage in agriculture, industry, commerce, or other
programs, and projects proposed by local government activities within the region which may be necessary or
offices/agencies within the region, public corporations, and directly contributory to the socio-economic development of
private persons or enterprises where such plans, programs the region, and, for this purposes, whether by itself or in
and/or projects are related to those of the Authority for the cooperation with private persons or entities, to organize,
development of the region as envisioned in this Act. The finance, invest in, and operate subsidiary corporations:
Authority shall issue the necessary clearance for approved Provided, That the Authority shall engage only, unless public
proposed plans, programs, and projects within thirty days interest requires otherwise, in those activities as are in the
from submission thereof unless the proposals are not in nature of new ventures or are clearly beyond the scope,
consonance with those of the Authority or that those will capacity, or interest or private enterprises due to
contribute to the unmanageable pollution of the Laguna consideration of geography, technical or capital
Lake waters or will bring about the ecological imbalance of requirements, returns on investment, and risk;
the region: Provided, further, That the Authority is hereby
empowered to institute necessary legal proceeding against 6. To plan, program finance/or undertake infrastructure
any person who shall commence to implement or continue projects such as river, flood and tidal control works, waste
implementation of any project, plan or program within the water and sewerage works, water supply, roads, portworks,
Laguna de Bay region without previous clearance from the irrigation, housing and related works, when so required
Authority: Provided, furthermore, That any local government within the context of its de velopment plans and programs
office, agency, public corporation, private person, or including the readjustment, relocation or settlement of
enterprise whose plans, programs and/or projects have been population within the region as may be necessary and
disapproved by the Authority may appeal the decision of the beneficial by the Authority: Provided, That should any
Authority to the NEDA within fifteen (15) days from receipt project be financed wholly or in part by the Authority, it is
of such disapproval whose decision on the matter shall be hereby authorized to collect reasonable fees and tolls as may
final. Reasonable processing fees as may be fixed by the be fixed by its Board of Directors subject to the approval of
Authority's Board of Directors shall be collected by the the NEDA Board from users and/or beneficiaries thereof to
Authority for the processing of such plans, programs and/or recover costs of construction, operation and maintenance of
projects: Provided, finally, The expansion plans shall be the projects: Provided, further, That if the Authority should
considered as new plans subject to review of the Authority find it necessary to undertake such infrastructure projects
and to payment of the processing fees. which are classified, as social overhead capital projects as
determined by the NEDA, the Authority shall be authorized
The Authority and national and local government offices, to receive financial assistance from the government in such
agencies and public corporations shall coordinate their plans, amount as may be necessary to carry out the said projects
programs, projects and licensing procedures with respect to subject to such terms and condition that may be imposed by
the Laguna Lake region for the purpose of drawing up a the government, upon recommendation of the NEDA Board:
Laguna Lake development plan which shall be binding upon Provided, finally, That such amount as may be necessary for
all parties concerned upon approval of the NEDA board. the purpose is hereby authorized to be appropriated out of
the funds of the National Treasury not otherwise
appropriated.
7. To make an annual report to the stockholders regarding the exclusive jurisdiction to issue new permit for the use of the
operation of the Authority more particularly a statement of lake waters for any projects or activities in or af fecting the
its financial conditions, activities undertaken, progress of said lake including navigation, construction, and operation of
projects and programs and plans of actions for the incoming
fishpens, fish enclosures, fish corrals and the like, and to
years: Provided, however, That a majority of the
stockholders may require the Authority to submit report or impose necessary safeguards for lake quality control and
reports other than the annual report herein required, which management and to collect necessary fees for said activities
report must be submitted within a period of thirty (30 ) days and projects: Provided, That the fees collected for fisheries
from notice thereof; may be shared between the Authority and other government
agencies and political sub-divisions in such proportion as
8. To lend or facilitate the extension of financial assistance may be determined by the President of the Philippine upon
and/or act as surety or guarantor to worthwhile agricultural,
recommendation of the Authority's Board: Provided, further,
industrial and commercial enterprises;
That the Authority's Board may determine new areas of
9. To reclaim or cause to the reclaimed portions of t he Lake or fisheries development or activities which it may place under
undertake reclamation projects and/or acquire such bodies the supervision of the Bureau of Fisheries and Aquatic taking
of land from the lake which may be necessary to accomplish into account the overall development plans and programs for
the aims and purposes of the Authority subject to the Laguna de Bay and related bodies of water: Provided, finally,
approval of the NEDA Board: Provided, That the land so That the Authority shall subject to the approval of the
reclaimed shall be the property of the Authority and title President of the Philippines promulgate such rules and
thereto shall be vested in the Authority: Provided, further,
regulations which shall govern fisheries development
That the resulting lake shore shall continue to be owned by
the national government. activities in Laguna de Bay which shall take into
consideration among others the following: socioeconomic
10. The provisions of existing laws to the contrary amelioration of bonafide resident fisherman whether
notwithstanding, to engage in fish production and other individually or collectively in the form of cooperatives,
aqua-culture projects in Laguna de Bay and other bodies of lakeshore town development, a master plan for fishpen
water within its jurisdiction and in pursuance thereof to construction and operation, communal fishing ground for
conduct studies and make experiments, whenever
lakeshore town residents, and preference to lakeshore town
necessary, with the collaboration and assistance of the
Bureau of Fisheries and Aquatic Resources, with the end in residents in hiring laborers for fishery projects.
view of improving present techniques and practice. Provided,
That until modified, altered or amended by the procedure 12. To require the cities and municipalities embraced within the
provided in the following sub-paragraph, the present laws, region to pass appropriate zoning ordinances and other
rules and permits or authorizations remain in force; regulatory measures necessary to carry out the objectives of
the Authority and enforce the same with the assistance of
11. For the purpose of effectively regulating and monitoring the Authority.
activities in Laguna de Bay, the Authority shall have
Further, to effectively regulate and monitor activities in the Laguna LLDA then served notice to general public that:
de Bay region, the Authority shall have exclusive jurisdiction to issue
permit for the use of all surface water for any projects or activities in Fish pens, cages, and other aquaculture structures
or affecting the said region including navigation, construction, and unregistered with LLDA are declared illegal;
operation of fishpens, fish enclosures, fish corrals and the like. Those declared illegal shall be subject to demolition;
Owners of those declared illegal shall be criminally charged
with violations of provisions of RA No. 4850/PD 813.
A month later, LLDA sent notices advising the owner of the illegally Palawan also enacted a Resolution that prohibits the catching,
constructed fish pens/cages and aqua structures, advising them to gathering, buying, selling, possessing, and shipment of live marine
dismantle their respective structures otherwise demolition shall be coral-dwelling aquatic organisms for 5 years within Palawan waters.
effected.
Petitioners Airline Shippers Association of Palawan, together with
ISSUE: Which agency of the government —LLDA or marine merchants, were charged for violating the above ordinance
towns/municipalities comprising the region —should exercise and resolution by the city and provincial governments.
jurisdiction over the Laguna Lake and its surrounding district insofar
as issuance of permits for fishing privileges is concerned. Petitioners now alleged that they have the preferential rights as
marginal fishermen granted with privileges provided in Sec. 149 of
HELD: the Local Government Code, invoking the invalidity of the
enactments as violative of their preferential rights.
LLDA. Sec. 4 (k) of LLDA charter and Sec. 2 of EO 927, specifically
provide that the LLDA shall have exclusive jurisdiction to issue ISSUE: Whether the enactments are violative of preferential rights.
permits for the use of all surface water for any projects or activities
affecting the region. On the other hand, RA No. 7610 has granted HELD:
municipalities exclusive authority to grant fishery privilege on
municipal waters. No. Enactments are valid exercise of police power of LGU to protect
public interests and the public rights to a balanced and healthful
Provisions of RA No. 7610 do not necessarily repeal the laws creating ecology.
LLDA. Where there’s conflict between general and special laws, the
latter should prevail as it evinces legislative intent more clearly than Rights and privileges invoked by petitioner are not absolute. The
general statute. Special law cannot be repealed, amended, or altered General Welfare Clause of the Local Government Code mandates for
by a subsequent general law by mere implications. the liberal interpretation in giving the LGUs more powers to
accelerate economic development and to upgrade the life of people
Moreover, the powers of LLDA , for the purpose of effectively in the community. LGUs are then empowered to enact fishery laws
rehabilitating and monitoring Laguna de Bay, partakes of the nature in its municipal waters which necessarily include the enactment of
of police power, most pervasive, least limitable, most demanding of ordinances in order to effectively carry out enforcement of fishery
all state powers. laws in the community.
obviate any further aggravation of the consequent danger to public, industrial dischargers and the DOTC, in case of motor
health, safety, and national interest. vehicles, shall, based on environmental techniques, design,
impose on and collect regular emission fees from all said
All laws to the contrary notwithstanding, the Barangay Captain, the dischargers as part of the emission permitting system or
Barangay Councilman, and the Barangay Zone Chairman are hereby vehicle registration renewal system, as the case may be;
deputized as peace officers, with authority to effect arrest of implement the emission standards for motor vehicles
violators in accordance with law, for purposes of enforcing and
implementing national and local laws, ordinances and rules and 3. Department of Science and Technology (DOST) – with
regulations governing pollution control and other activities which the DENR, other agencies, private sector , t he academe,
create imbalance in the ecology or disturbance in environmental non-government organizations and people’s organization,
conditions. shall establish a National Research Development Program for
the prevention and control of air pollution.
The courts and proper prosecuting or administrative officials or 4. Department of Trade and Industry (DTI) , DOST Local
agencies shall give preference to the expeditious disposition of Government Units (LGUs) - together with the DENR shall
cases involving a violation of the laws, ordinances, rules and develop an action plan for the control and management of
regulations referred to in Sec. 2 of this Decree when the magnitude air pollution from motor vehicles with the I ntegrated Air
of the violation is such as to adversely affect an entire or major Quality Management Framework.
portion of a community as may be certified to by the National
Pollution Control Commission or the National Environmental 5. DOTC, DTI and DENR - shall establish the procedures for
Protection Council as the case may be. the inspection of motor vehicles and the testing of their
emissions for the purpose of determining the concentration
CLEAN AIR ACT and/or rate of emission of pollutants discharged by the said
sources.
-outlines the government’s measures to REDUCE air pollution and
INCORPORATE environmental protection into its development plans. 6. Department of Energy (DOE) co-chaired with the
DENR, in consultation with the Bureau of Product
It mandates the various government agencies to do the following in Standards of DTI, DOST with the fuel and automotive
support of the Act: industries, academe and the consumers – shall set
specifications for all types of fuel and f uel-related products,
1. Department of Environment and Natural Resources to improve fuel composition for increased efficiency and
(DENR) – act as overall of the lead agency; prepare a reduced emissions.
National Air Quality Status Report which shall be used as a
basis in formulating the Integrated Air Quality Improvement 7. Philippine Atmospheric, Geophysical and
Framework; issue rules and regulations in the astronomical Service Administration (PAGASA) – shall
implementation of the Act. regularly monitor meteorological factors affecting
environmental conditions including ozone depletion and
2. Department of Transportation and Communication greenhouse gases.
(DOTC) – in coordination with the DENR in case of
Registration of the following is required to ensure that industrial It establishes a National Integrated Protected Areas System (NIPAS)
economic growth is achieved in an environmentally sound manner to which will designate, whether terrestrial, wetland or marine,
effectively manage hazardous wastes in order to minimize human protected areas, areas that "shall encompass outstanding
and environmental impacts cause by industrial activities: remarkable areas and biologically important public lands that are
habitats of rare and endangered species of plants and animals,
Hazardous wastes generators biogeographic zones and related ecosystems."
Hazardous wastes treater
Hazardous wastes transporter Enlisting categories of protected areas are as follows: (1)Strict
nature reserve; (2)Natural park; (3)Natural monument; (4)Wildlife
Violators shall be subject to fines, imprisonment, dismissal from sanctuary; (5)Protected landscapes and seascapes; (6) Resource
office, confiscation and forfeiture chemical substances and mixtures reserve; (7) Natural biotic areas; and, (8) Other categories
in favor of the government, deportation and barred from entry into established by law, conventions or i nternational agreements which
the Philippines in case of foreigner the Philippine Government is a signatory.
Ecological and rehabilitation bond to be posted by or fish refuges and sanctuaries in bays, foreshore lands, continental
researchers. shelf or any fishing ground to be set aside for the cultivation of
Monitoring system for bioprospecting. [NOTE: Check the mangroves to strengthen the habitat and the spawning grounds of
definition of terms as provided by the law.] fish. Remaining Chapters deal with fisheries research and
development (V), prescribe penalties and offences (VI), and contain
Objectives: (a) Protection/conservation of species and their general provisions (VII).
habitats, (b) Regulation in the collection and trade of wildlife, (c) to
initiate and support scientific studies on conservation of biodiversity. MINERAL RESOURCES CONSERVATION
ACT: RA 7942 1955
FISHERIES CODE RA 8550 1998
-mandates the State to manage the country’s mineral resources and
Objectives: to control and supervise the exploration, development, and
utilization of mineral resources.
Conservation, protection and sustained management of the
country’s fishery and aquatic resources; The law reiterates the constitutional provision that only the
Poverty alleviation and the provision of supplementary government may grant mining rights to individuals and corporations.
livelihood among municipal fisherfolk; It also provides for areas open to mining operations subject to any
Improvement of productivity of aquaculture within e cological existing rights on reservation and prior agreements of all parties.
limits;
Optimal utilization of offshore and deep-sea resources; and o All mineral resources in public/private land including timber
Upgrading of post-harvest technology. or forest lands, shall be open t o mineral
agreements/financial or technical assistance agreement
Chapter 1 declares the policy of the State with respect to fisheries application.
and contains a large definitions section. It is a declared policy to limit
access to the fishery and aquatic resources of the Philippines for the The following are closed to mining applications:
exclusive use and enjoyment of Filipino citizens. Another principle of
policy is the protection of municipal fishermen. Fishery and aquatic In military and other government reservations except upon
resources shall be managed in a manner consistent with the concept prior written clearance by government agency concerned.
of integrated coastal area management. Near or under public or private building, cemeteries, historic
sites etc. except upon written consent
Chapter II contains the main body of rules relative to the Areas expressly prohibited by law.
management and conservation of fisheries and to aquaculture. Areas covered by small scale miners
Fisheries are classified in municipal fisheries, i.e. fishing in municipal Virgin forests
waters, and commercial fishing. Provisions of the Chapter also
regulate post-harvest facilities, activities and trade.
SMALL SCALE MINING ACT: RA7076 1991
The Department of Fisheries may designate areas in Philippine
waters beyond 15 kilometres of the shoreline as fishery reservation
Republic Act No. 7076 (1991), otherwise known as the ―People’s Purpose: To attain and maintain a rational and orderly balance
Small-Scale Mining Act‖ defines small-scale mining as minimum between socio-economic growth and environmental protection
activities which rely heavily on manual labor using simple
implements and methods, and which do not use explosives or heavy This established an ENVIRONMENTAL IMPACT STATEMENT SYSTEM
mining equipment. The main purpose of the law is: (1) To effect an founded and based on environmental impact statement, required
orderly and systematic disposition of small-scale mining areas in the under Section 4 of P.D. No. 1151, of all agencies, instrumentalities of
country; (2) To regulate the small-scale mining industry with the national government, including GOCCs, as well as private
view to encourage their growth and productivity; and (3) To provide corporations and entities for every proposed project/undertaking
technical, financial and marketing assistance and efficient collection which significantly affect the quality of the environment.
of government revenues. Through this law, the harmful effects of
the classic trade-off between development and environment could be Section 4 of P.D. No. 1151 provides:
minimized if not totally avoided. This law was authored by Senator
Aquilino Pimentel Jr. Section 4. Environmental Impact Statements . Pursuant to the above
enunciated policies and goals, all agencies and instrumentalities of
With Republic Act 7076 it allows small miners under this law to use the national government, including government-owned or controlled
only simple equipments like pick and shovel in extracting gold and corporations, as well as private corporations firms and entities shall
other precious metals in their mining areas. In this age of modern prepare, file and include in every action, project or undertaking
technology, this law is making sure that the small mining la w should which significantly affects the quality of the environment a detail
benefit the small miners and not only the big-time operators who are statement on:
using the skills and sweat of small-scale miners to accumulate a
fortune. (a) The environmental impact of the proposed action, project or
undertaking
Under RA 7076, no ancestral land may be declared as a people’s (b) Any adverse environmental effect which cannot be avoided
small scale mining area without the prior consent of t he cultural should the proposal be implemented;
communities concerned. This respects the rights of the indigenous (c) Alternative to the proposed action;
peoples to their ancestral lands which are fully guaranteed under (d) a determination that the short-term uses of the resources of the
existing laws. The law defines small miners as Filipino citizens who, environment are consistent with the maintenance and enhancement
individually or in tandem with others, voluntarily form a cooperative, of the long-term productivity of the same; and
duly licensed by the Department of Environment and Natural (e) Whenever a proposal involves the use of depletable or non-
Resources, to engage in the extraction or removal of minerals or renewable resources, a finding must be made that such use and
ore-bearing materials from the ground. commitment are warranted.
--Law establishing an environmental impact statement system, Declared environmentally critical projects and areas are
including other environmental management-related measures. required to obtain an Environmental Compliance Certificate
before operation
Environmentally Critical Projects includes heavy industries, being of people will be safe-guarded. HENCE, EIA is a
resource extractive industries, infrastructure projects, golf PLANNING TOOL.
course projects
Areas declared by law as natural parks, watershed reserves, 1. To aid the proponent/applicant on environmental
wildlife reserves, and sanctuaries considerations prior to starting construction works on the
Areas set aside as aesthetic, potential tourist spots project.
Areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine wildlife (flora 2. To aid agencies in considering EIA results in their decision
and fauna) making for their respective permitting system
Areas of unique historical, archeological, geological or
scientific interests
Areas which are traditionally occupied by cultural ENVIRONMENTALLY CRITICAL PROJECTS (ECP):
communities or tribes
Areas frequently visited and/or hard hit by natural calamities The project include activities that have significant
(geologic hazards, floods, typhoons, volcanic activity, etc.) environmental consequences
Areas of critical slope
Areas classified as prime agricultural lands A project in this category is likely to have significant adverse
Recharged areas of aquifers impact that may be sensitive, irreversible and diverse. If the
Waterbodies project is an ECP, an EIS document will have to be
Mangrove areas submitted. It will be the Environmental Management Bureau
Coral reefs (EMB-Manila) that has jurisdiction on the matter. In other
words, a project that is categorized as an ECP falls under the
Violators shall be punished by the suspension of cancellation authority of the EMB and must follow the steps identified
of his/its certificate and or fine for each violation with the preparation of an EIS.
2. Scoping - Identifies the most significant issues/impacts of a RP vs City of Davao: 388 SCRA 691 (2002)
proposed project, and then, delimits the extent of baseline
information to those necessary to evaluate and mitigate the
impacts. FACTS:
3. EIA Study and Report Preparation - Involves a City of Davao filed an application for a Certificate of Non-Coverage
description of the proposed project and its alternatives, (CNC) for its proposed project, the ARTICA Sports Dome. The
characterization of the project environment, impact application was filed with the DENR-Environmental Management
identification and prediction, evaluation of impact Bureau (EMB). Attached is a certificate from Planning &
significance, impact mitigation, formulation of Environmental Development Office that the project is not located in a critical area.
Management and Monitoring Plan,
EMB denied application. It found:
4. EIA Report Review and Evaluation - An EMB procedural
Davao is located in an environmentally-critical area.
screening for compliance to minimum requirements specified
It must undergo Environmental Impact Assessment process
during Scoping, followed by a substantive review of either
composed third party experts commissioned by EMB as the and submit EIS.
EIA Review Committee for PEIS/EIS-based applications, or
DENR/EMB internal specialists, the Technical Committee, for Davao filed a petition for m andamus and injunction with the RTC.
IEE based applications. RTC granted. It held that nothing in P.D. No. 1586 requires LGU to
comply.
5. Decision Making - Involves evaluation of EIA
ISSUES:
recommendations and the draft decision document, resulting
to the issuance of an ECC, CNC or Denial Letter. When
1. Whether Davao City, as a local government unit, is covered
approved, a covered project is issued its certificate of
by PD No. 1586.
Environmental Compliance Commitment (ECC) while an
2. Whether CNC should be issued to it.
application of a non-covered project is issued a Certificate of
Non-Coverage (CNC).
HELD:
6. Monitoring, Validation and Evaluation - Assesses 1. YES. Sec. 16 of the Local Government Code states that
performance of the Proponent against the ECC and its among the duties of an LGU is to promote people’s right to a
commitments in the Environmental Management and balanced ecology. Hence, it is not exempt
Monitoring Plans to ensure actual impacts of the project are
adequately prevented or mitigated. Also, as per the Civil Code, a person is either natural or
juridical. The State and its political subdivisions are juridical
persons. Hence, LGU is a person covered by PD No. 1 586.
2. YES. Davao has sufficiently shown that the project area is Canada (IJC-UC) for settlement. The IJC-UC decided on February
not environmentally-critical. Proclamation 2146 laid down all 28, 1931 that the Trail smelter should limit its sulfur dioxide
the environmentally-critical areas/projects. The Sports Dome emissions and that Canada should pay the United States US$350,000
does not fall under any of t he categories. as compensation for damages.
Trail Smelter Arbitration vs Canada (33 and Despite the IJC-UC decision, the conditions at the Trail smelter did
not improve. Consequently, by February 1933 the U.S. Government
35 American Journal of Environmental was refiled complaints to the Canadian Government about the
Law) situation at the smelter. These set of complaints led to an emissions
convention which was signed by the two parties on April 15, 1935.
The Convention called for the creation of a Tribunal to determine
In 1896, a smelter located i n Trail, British Columbia, began whether damage has been done to Washington State since 1932. If
operating under American ownership. However, in 1906, the found to have done damage, should it be made to refrain from doing
Consolidated Mining and Smelting Company of Canada, Ltd. bought so? Should any compensation be paid? [ISSUES].
the smelter plant in Trail. This company expanded the plant in size
and in turn in its capacity to smelt zinc and lead ores. However, HELD:
in 1925 and in 1927, two large, 400-foot smoke stacks were built.
Tribunal found that damaged has been caused to the US and that it
There was a resulting increase in the amount of sulfur emitted should be indemnified for damages. It held that under the principles
into the air. Within that same time period the amount of sulfur of International Law, as well as the law of the US, no state has the
released from the plant on a monthly basis almost doubled from right to use or permit the use of its territory in such a manner as to
what it had been in 1924. The amount of sulfur released in 1924 cause injury by fumes in or to the territory of another when the case
was about 4,700 tons per month. But in 1927, the amount had risen is of serious consequences and injury is established by clear and
to 9,000 tons per month. These increases continued because this convincing evidence. Hence, Canada was responsible for the conduct
smelting operation of zinc and lead had become one o f the largest of the Trail Smelter.
in North America.
Principles:
Finally, the effect of these harmful amounts of sulfur being released
were noticed in the State of Washington. The effects were Principle of Good Neighborliness
noticeable because for every ton of sulfur released into the air there Polluter-Pays Principle
are two tons of sulfur dioxide created. It was this increase in sulfur Common but Differentiated Responsibilities
dioxide that was detected through the rains. Precautionary Principle – If there is no scientific certainty,
one should approach the matter with caution (e.g. GMOs)
In the period between 1928 and 1935, the Government of the Principle of Sustainable Development
United States filed complaints with the Government of Canada that Principle of Cooperation (e.g. w/ respect the use of
sulfur dioxide emissions from the Trail smelter had damaged the transboundary natural resources)
Columbia River Valley. On August 7, 1928, the i ssue was referred Principles of Access to Information, public participation, and
to the International Joint Commission by the United St ates and access toenvironmental justice.
which a right of passage exists, on the grounds that it is only of coastal authorities to warn the British ships depends on the time that
secondary importance and not even a necessary route between two elapsed between the moment that these ships were reported and
parts of the high seas, and that it is used almost exclusively for local the moment of the first explosion.
traffic to and from the ports of Corfu. Thus a previous approval of
the territorial state is necessary. Conclusion of the court:
1) Should the North Corfu Channel as it is considered part of The Court therefore reaches the conclusion that Albania is
international highways? responsible under international law for the explosions which
2) Is Albania responsible under international law for the occurred on October 22nd, 1946, in Albanian waters, and for t he
explosions which occurred on the 22nd October 1946 in damage and loss of human life which resulted from them, and that
Albanian waters and for the damage and loss of human life there is a duty upon Albania to pay compensation to the United
which resulted from them and is there any duty to pay Kingdom.
compensation?'
In the second part of the Special Agreement, the following question
Analysis: is submitted to the Court:
The court analyses the geographical situation of the channel (2) Has the United Kingdom under international law violated the
connects two parts of the high seas and is i n fact frequently being sovereignty of the Albanian People's Republic by reason of the acts
used for international navigation. Taking into account these various of the Royal Navy in Albanian waters on the 22nd October and on
considerations, the Court concludes that the North Corfu Channel the 12th and 13th November 1946 and is there any duty to give
should be considered as belonging to the class of international satisfaction?
highways through which an innocent passage does not need special
approval and cannot be prohibited by a coastal State in time of Albania was in fact in war with Greece which means that the coastal
peace. state was not in time of peace. UK had not an innocent passage due
to the way it was carried out. The court assessed the manner of UK
The UK government claims that on October 22nd, 1946, Albania warships after they had been shot at May 15th. Having thus
neither notified the existence of the minefield, nor warned the British examined the various contentions of the Albanian Government in so
warships of the danger they were approaching. According to the far as they appear to be relevant, the Court has arrived at the
principle of state responsibility, they should have done all necessary conclusion that the United Kingdom did not violate the sovereignty
steps immediately to warn ships near the danger zone, more of Albania by reason of the acts of the British Navy in Albanian
especially those that were approaching that zone. In fact, nothing waters on October 22nd, 1946.
was attempted by the Albanian authorities to prevent the disaster.
These grave omissions involve the international responsibility of The United Kingdom Government does not dispute that 'Operation
Albania. Retail' was carried out against the clearly expressed wish of the
Albanian Government. It recognizes that the operation had not the
But Albania's obligation to notify shipping of the existence of mines consent of the international mine clearance organizations, that it
in her waters depends on her having obtained knowledge of that fact could not be justified as the exercise of a right of innocent passage,
in sufficient time before October 22nd; and the duty of the Albanian and lastly that, in principle, international law does not allow a State
to assemble a large number of warships in the t erritorial waters of RAMSAR CONVENTION ON WETLANDS
another State and to carry out minesweeping in those waters. The
United Kingdom Government states that the operation was one of CONSERVATION
extreme urgency, and that it considered itself entitled to carry it out
without anybody's consent. --International treaty, adopted in the Iranian City of Ramsar in 1971,
for the CONSERVATION and SUSTAINABLE UTILIZATION of
The Court can only regard the alleged right of intervention as the wetlands.
manifestation of a policy of force, such as has, in the past, given rise
to most serious abuses and such as cannot, whatever be the present The Convention uses a broad definition of the t ypes of wetlands
defects in international organization, The United Kingdom Agent, in covered in its mission, including lakes and rivers, swamps and
his speech in reply, has further classified 'Operation Retail' among marshes, wet grasslands and peatlands, oases, estuaries, deltas and
methods of self-protection or self-help. The Court cannot accept this tidal flats, near-shore marine areas, mangroves and coral reefs, and
defense either find a place in international law. human-made sites such as fish ponds, rice paddies, reservoirs, and
Final conclusion of the court: salt pans.
1) On the first question put by the Special Agreement of At the centre of the Ramsar philosophy is the ―wise use‖ concept.
March 25th, 1948, The wise use of wetlands is defined as "t he maintenance of their
ecological character, achieved through the implementation of
The court gives judgment that the People's Republic of Albania is ecosystem approaches, within the context of sustainable
responsible under international law for t he explosions which development". "Wise use" therefore has at its heart the conservation
occurred on October 22nd, 1946, in Albanian waters, and for the and sustainable use of wetlands and their resources, for the benefit
damage and loss of human life that resulted there from; and of humankind.
Reserves for further consideration the assessment of the amount of Under the 3 pillars of the Convention, the Parties have committed
compensation and regulates the procedure on this subject. themselves to:
2) On the second question put by the Special Agreement on Work towards the wise use of all their wetlands through
the violation of state sovereignty, national land-use planning, appropriate policies and
legislation, management actions, and public education;
The court gives judgment that the United Kingdom did not violate
the sovereignty of the People's Republic of Albania by reason of the Designate suitable wetlands for the List of Wetlands of
acts of the British Navy in Albanian waters on October 22nd, 1946; International Importance and ensure their effective
and unanimously, gives judgment that by reason of the acts of the management; and
British Navy in Albanian waters in the course of the Operation of
November 12th and 13th, 1946, the United Kingdom violated the Cooperate internationally concerning transboundary
sovereignty of the People's Republic of Albania, and that this wetlands, shared wetland systems, shared species, and
declaration by the Court constitutes in itself appropriate satisfaction. development projects that may affect wetlands.
OF WHAT USE ARE WETLANDS down the flow of floodwaters. Most important is the fact that
wetlands store water and, therefore, stabilize water supplies.
[Ambassador Tolentino]
6. Sponge for freshwater – Wetlands help recharge
Wetlands are among the most valuable ecosystems in the world groundwater aquifers to satisfy people’s need for drinking
providing so much benefits to people. Among the values and and agriculture. More than a billion people i n Asia rely on
functions of wetlands are as: groundwater for drinking while it was reported that in
Europe, an estimated 65% of public water originates from
1. Kidneys of the earth – They purify water and wastes from groundwater sources.
both natural and human sources by preventing high levels of
nutrients from agricultural run-offs such as phosphorous and 7. Treasure trove of cultural heritage – Many wetlands
nitrogen from reaching the groundwater as well as featured in man’s march towards civilization and are now
preventing the rapid growth of algae which use up the heritage sites and tourists destinations generating much
oxygen in the water that is important for the survival of income for the population. Among them are the Tonle Sap
other wetland species. Lake in Siem Reap (Cambodia), Kalang River (Singapore),
Inle Lake (Myanmar) and the coastal areas of t he island of
2. Storehouse of genetic materials – Wetlands are habitats Mindoro (Philippines).
for a wide variety of plants, animals and micro-organisms.
They are nurseries for numerous fish species and resting
and nesting places for migratory birds. CONVENTION ON BIOLOGICAL DIVERSITY
3. Biological supermarket – It is the source of fish and (CBD)
other protein-loaded aquatic creatures. Wetlands are also
the source of fuelwood, timber, materials for utensils and - is an international legally-binding treaty with three main
handicrafts of indigenous peoples and even fodder for work goals:
animals.
1. Conservation of biodiversity;
4. Defense fortifications — Wetlands proved excellent 2. Sustainable use of biodiversity;
defenses against the onslaught of typhoons and tsunamis as 3. Fair and equitable sharing of the benefits arising from
proven by the tsunami generated by an earthquake the use of genetic resources.
occurrence in 2004 which reached Indonesia, Thailand and
Sri Lanka. Scientists explained the roots of vegetation that Its overall objective is to encourage actions which will lead to a
surround Asian mangroves and other forest wetlands helped sustainable future.
to hold the sediments in place against the impact of strong
winds and waves. Subject to the rights of other States, and except as otherwise
expressly provided for in the Convention, the provisions of the
5. Natural engineering structures – Wetlands are natural Convention apply, in relation to each Contracting Party:
dams absorbing heavy rainfalls, preventing floods or slowing
in the case of components of biological diversity, in areas monitor their effects through sampling and other
within the limits of its national jurisdiction; techniques;
in the case of processes and activities, regardless of where maintain and organise, by any mechanism, data derived
their effects occur, carried out under its jurisdiction or from identification and monitoring activities pursuant to the
control, within the area of its national jurisdiction or beyond points set out above.
the limits of national jurisdiction.
Each Contracting Party should, as far as possible, adopt economically
Each Contracting Party must, as far as possible, cooperate with other and socially sound measures that act as incentives for the
Contracting Parties directly or, where appropriate, through conservation and sustainable use of components of biological
competent international organisations both in respect of areas diversity.
beyond national jurisdiction and on other matters of mutual interest,
for the conservation and sustainable use of biological diversity. The Convention makes provision for the following:
Each Contracting Party should, in accordance with its particular Establishment and maintenance of programmes for scientific
conditions and capabilities: and technical education and training for the identification,
conservation and sustainable use of biological diversity and
develop national strategies, plans or programmes for the its components and providing support for such education
conservation and sustainable use of biological diversity or and training for the specific needs of developing countries;
adapt for this purpose existing strategies, plans or Encouragement of research which contributes to the
programmes; conservation and sustainable use of biological diversity,
integrate, as far as possible and as appropriate, the particularly in developing countries;
conservation and sustainable use of biological diversity into Promoting the use of scientific advances in biological
relevant sectoral and cross-sectoral plans, programmes and diversity research in developing methods for conservation
policies. and sustainable use of biological resources.
Each Contracting Party should as far as possible: Public education should be promoted and awareness enhanced to
highlight the importance of biological diversity through the media
Identify components of biological diversity important for its and the inclusion of these topics in educational programmes.
conservation and sustainable use, having regard to the
indicative list of categories set down in Annex I; The Contracting Parties should facilitate the exchange of
Ionitor, through sampling and other techniques, the information, from all publicly available sources, relevant to the
components of biological diversity identified, paying conservation and sustainable use of biological diversity, taking into
particular attention to those requiring urgent conservation account the special needs of developing countries (exchange of
measures and those which offer the greatest potential for information on the results of technical, scientific and socio-economic
sustainable use; research as well as information on training and surveying
identify processes and categories of activities which have or programmes, etc.).
are likely to have significant adverse impacts on the
conservation and sustainable use of biological diversity and
The Convention emphasises the role of indigenous and local The Convention establishes a list of properties that have outstanding
communities in conserving biodiversity. These populations heavily universal value, called the World Heritage List. These properties are
and traditionally depend on the biological resources on which their part of the cultural and natural heritage of States that are Parties to
traditions are based. the Convention.
At August 2007 there were 851 sites on the World Heritage List. The
WORLD HERITAGE CONVENTION (WHC) List includes 660 cultural properties, 166 natural properties and 25
properties that meet both cultural and natural criteria. The only site
ever removed from the World Heritage List was the Arabian Oryx
The World Heritage Convention aims to promote cooperation among Sanctuary (Oman) which was delisted in July 2007.
nations to protect heritage around the world that is o f such
outstanding universal value that its conservation is important for A trust fund, the World Heritage Fund for the Protection of World
current and future generations. It is intended that, unlike the seven Cultural and Natural Heritage of Outstanding Universal Value (the
wonders of the ancient world, properties on the World Heritage List World Heritage Fund), is established under the Convention. The
will be conserved for all time. Fund is financed by contributions from state parties and
contributions from private organisations and individuals.
States that are parties to the Convention agree to identify, protect,
conserve, and present World Heritage properties. States recognise Funds are used when state parties request assistance to protect their
that the identification and safeguarding of heritage located in their World Heritage-listed sites, and to meet the urgent conservation
territory is primarily their responsibility. They agree to do all they can needs of properties on the List of World Heritage in Danger.
with their own resources to protect their World Heritage properties.
They agree, amongst other things, as far as possible to: State parties can request international assistance from the World
Heritage Fund for studies, provision of experts and technicians,
Adopt a general policy that aims to give the cultural and training of staff and specialists, and the supply of equipment. They
natural heritage a function in the life of the community and can also apply for long-term loans and, in special cases, non-
to integrate the protection of that heritage into repayable grants.
comprehensive planning programs