1

LG 3.1 Environmental Laws and Regulations: International Treaties and

Conventions

Subject Code Biology Critical Environment and Health Issues

4
Learning Guide Code 3 Environmental Laws and Regulations
Lesson Code 3.1 International Treaties and Conventions
Time Frame 60 minutes

---NOT FOR SHARING OUTSIDE PSHS-IRC---

TARGETS

At the end of the lesson, the students are expected to:

1. identify international treaties and conventions; and
2. understand pertinent provisions in line with addressing environmental problems

HOOK

Credits: By Maslog (October 5, 20

20) , from https://www.rappler.com/voices/thought-leaders/analysis-poachers-endanger-
southeast-asia-rich-biodiversity.
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During this pandemic, the public demand for ornamental or houseplants like roses,
petunias, areca palms, among others. The rising demand however has given rise to an
illegal trade of ornamental plants turning the Philippines and Southeast Asia into biodiversity
hotspots.

While the ASEAN region occupies only 3% of the Earth’s land, it covers 4 biodiversity
hotspots and contains 3 (Indonesia, Malaysia, and the Philippines) of the world’s 17 mega-
diverse nations. The fifth ASEAN State of the Environment Report in 2018 mentioned
that, “The region has the second highest proportion of endemic vascular plant species
(25%) compared to the tropical regions of Meso-America, South America, and sub-Saharan
Africa. More than 2,000 species have been discovered in the ASEAN region over the past
two decades.”

We need to address this issue. The first line of action is environmental awareness.
Second, of course is government intervention. With this, let us discuss some international
laws, treaties, protocols, and conventions that need to be enforced to address various
environmental problems.

IGNITE
Contents are adapted with modification from the PSHSS Biology 4 Learning Resource Package.

Defining what an international law is;

- The United Nations cites that “an International Law defines the legal responsibilities of
States in their conduct with each other, and their treatment of individuals within State
boundaries. Its domain encompasses a wide range of issues of international concern
such as human rights, disarmament, international crime, refugees, migration,
problems of nationality, the treatment of prisoners, the use of force, and the conduct
of war, among others. It also regulates the global commons, such as the environment,
sustainable development, international waters, outer space, global communications
and world trade (United Nations, n.d).
- The Ministry of Foreign Affairs of the Republic of Poland also describes that a “public
international law is composed of rules and principles governing relations between
sovereign states and intergovernmental organizations such as the United Nations
Organization along with organizations dedicated to specific fields of interest such as
WHO, FAO, UNESCO, etc. or the Council of Europe.”
- The United Nations points out that, to become party to a treaty, a State must
concretely express its willingness to undertake the legal rights and obligations
contained in such a treaty; in other words, it must “consent to be bound” by the treaty.
This is usually accomplished through signature and ratification, or by accession if the
treaty is already in force.

Defining what protocols, treaties, and Conventions are;

- The US Fish and Wildlife Service (2009) cites the differences among a protocol, a
treaty, and a convention as follows:
a. “A protocol is an agreement that diplomatic negotiators formulate and sign as the
basis for a final convention or treaty. The treaty itself may not be completed for many
years.”
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b. “A treaty is an agreement where the parties to it negotiate to reach common

ground and avoid further conflict or disagreement. It is normally ratified by the
lawmaking authority of the government whose representative has signed it.”

c. “A convention begins as an international meeting of representatives from many

nations that results in a general agreement about procedures or actions they will take
on specific topics (e.g., wetlands, endangered species, etc.).”

Herein, are example international treaties, protocols, and conventions the Philippines
has entered into in an effort to protect the environment.

Treaties, Conventions and Distinct Aims and Provisions

Protocols

1. Convention for the Prevention This convention seeks to prevent ocean pollution
of Pollution of the Sea by Oil, by oil discharged from ships in the territorial
1954 waters of a number of countries. It applies to all
ships except for:

a) tankers of under 150 tons gross tonnage and

other ships of under 500 tons gross tonnage,
provided that each Contracting Government will
take the necessary steps, so far as is reasonable
and practicable, to apply the requirements of the
Convention to such ships also, having regard to
their size, service and the type of fuel used for
their propulsion;

b) ships for the time being engaged in the whaling

industry when actually employed on whaling
operations;

c) ships for the time being navigating the Great

Lakes of North America and their connecting and
tributary waters as far east as the lower exit of St.
Lambert Lock at Montreal in the Province of
Quebec, Canada;

2. The Ramsar Convention, 1971 The Convention on Wetlands of International

Importance is more popularly known as the Ramsar
Convention. It was adopted in Ramsar, Iran in 1971
and came into force in 1975. It provides the
framework for the conservation and wise use of
wetlands and their resources.

The Convention has a broad definition of wetlands;

they include all lakes and rivers, underground
aquifers, swamps and marshes, wet grasslands,
peatlands, oases, estuaries, deltas and tidal flats,
mangroves and other coastal areas, coral reefs, and
all human-made sites such as fish ponds, rice
paddies, reservoirs and salt pans.
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3. 1972 UN Conference on the It was adopted on June 16, 1972 by the United
Human Environment Nations Conference on the Human Environment at
in Stockholm (the “Stockholm the 21st plenary meeting as the first document in
Conference”) international environmental law to recognize the
right to a healthy environment. In the declaration,
the nations agreed to accept responsibility for any
environmental effects caused by their actions.

The action plan is split into three categories

including an environmental assessment called
Earthwatch, environmental management, and 109
supporting measures.

Earthwatch Institute is an international

environmental charity. It is one of the largest global
underwriters of scientific field research in
archaeology, paleontology, marine life, biodiversity,
ecosystems and wildlife. Earthwatch has delivered a
unique citizen science model to raise funds and
recruit individuals, students, teachers and corporate
fellows to participate in critical field research to
understand nature's response to accelerating global
change.

4. Convention on International It is an international agreement between

Trade in Endangered Species of
Wild Flora and Fauna (CITES),
1973
governments that aims to ensure that international
trade of more than 35,000 species of animals and
plants - whether as live specimens, fur coats or dried
herbs - does not threaten their survival. It is one of
many conservation agreements with the largest
membership with 183 parties.

5. Convention on Long-range Public outcry against the detrimental impacts of acid

Transboundary Air Pollution rain in Europe led to this Convention which was
(CLRTAP), 1979 signed in 1979 and entered into force in 1983.

This Protocol focuses upon reducing harmful impacts

by establishing stricter targets for SO2, NOx, VOCs
and ammonia. Ongoing renegotiations are also
being conducted for the Heavy Metals Protocol and
Persistent Organic Pollutants Protocol to present
both stricter targets and emphasize new pollutants
(including dissolved solvents, dust and particulate
matter).

5. Montreal Protocol on The Montreal Protocol was agreed on August 26,

Substances that Deplete the 1987 and entered into force on August 26, 1989. It
Ozone Layer, 1987 is a global agreement to protect the stratospheric
ozone layer by phasing out the production and
consumption of ozone-depleting substances (ODS)
such as chlorofluorocarbons, halons, carbon
tetrachloride, and methyl chloroform. It also aims to
eliminate byproduct emissions of
 5

hydrofluorocarbons (HFCs) which are potent

greenhouse gases with global warming potential
thousands of times that of carbon dioxide.

6. Basel Convention on the The Convention was adopted on March 22, 1989 by
Control of Transboundary the Conference of Plenipotentiaries in Basel,
Movements of Hazardous Switzerland, in response to public outcry against
Wastes and their Disposal, 1989 depositing toxic wastes imported from abroad in
Africa and other parts of the developing world. It
entered into force in 1992. Its provisions center
around these aims:

(a) the reduction of hazardous waste generation and

the promotion of environmentally sound
management of hazardous wastes, wherever the
place of disposal;

(b) the restriction of transboundary movements of

hazardous wastes except where it is perceived to
be in accordance with the principles of
environmentally sound management; and

(c) a regulatory system applying to cases where

transboundary movements are permissible.

7. Convention on Biological This Convention was signed by 150 government

Diversity, 1992 leaders at the 1992 Rio Earth Summit. It is
dedicated to promoting sustainable development;
its objectives include the following:

(a) to conserve biological diversity;

(b) to use its components in a sustainable way; and

(c) to share fairly and equitably the benefits arising

from the use of genetic resources.

8. UN Framework Convention on It is an international environmental treaty produced

Climate Change, 1992
at the United Nations Conference on Environment
and Development (UNCED), informally known as the
Earth Summit, held in Rio de Janeiro from June 3 to
14, 1992. This treaty aims to stabilize greenhouse
gas concentrations in the atmosphere at a level that
would prevent dangerous anthropogenic
interference with the climate system.

The treaty itself does not set mandatory limits on

greenhouse gas emissions for individual countries,
nor does it contain enforcement mechanisms. As
such, it is considered legally non-binding. Instead, it
provides for updates (called "protocols") that would
set mandatory emission limits. The principal update

9. UN Convention to Combat
Desertification (UNCCD), 1994
10. Kyoto Protocol, 1997
11. Paris Agreement (12
December 2015)
Other Key Environmental Laws
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This Convention was established in 1994; it
specifically addresses the arid, semi-arid and dry
sub-humid areas, known as the drylands, where
some of the most vulnerable ecosystems and
peoples can be found. Furthermore, it endeavors to
"forge a global partnership to reverse and prevent
desertification/land degradation and to mitigate the
effects of drought in affected areas in order to
support poverty reduction and environmental
sustainability."
It aimed to reduce carbon dioxide (CO2) emissions
and the presence of greenhouse gases (GHG) in the
atmosphere. The Protocol was adopted in Kyoto,
Japan in 1997, when greenhouse gases were rapidly
threatening our climate, life on the earth, and the
planet, itself. It is an international agreement linked
to the United Nations Framework Convention on
Climate Change, which commits its Parties by
setting internationally binding emission reduction
targets. The Protocol places a heavier burden on
developed nations under the principle of “common
but differentiated responsibilities” since it recognizes
that developed countries are principally responsible
for the current high levels of GHG emissions in the
atmosphere.
The Paris Agreement’s core aims are the ff:
1. to strengthen the global response to the threat of
climate change by keeping a global temperature rise
this century well below 2 degrees Celsius above pre-
industrial levels and to pursue efforts to limit the
temperature increase even further to 1.5 degrees
Celsius.
2. to increase the ability of countries to deal with the
impacts of climate change, and at making finance
flows consistent with a low greenhouse (GHG)
emissions and climate-resilient pathway.
How to reach the goals?
- appropriate mobilization and provision of
financial resources,
- a new technology framework and enhanced
capacity-building is to be put in place, thus
supporting action by developing countries
and the most vulnerable countries, in line
with their own national objectives.
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12. Biological Weapons Convention: The BWC was the first agreement to completely ban
biological weapons. It became effective in 1975 and in 2018 has over 180 signatories. It is
legally binding.
13. Convention on the Conservation of Antarctic Marine Living Resources: the world's
last continent was already subject to international protection and an agreement that no one
country could claim it (Antarctic Treaty 1959) when this convention in 1980 put in place
protections for its unique marine ecology to protect environmental integrity. The goal is to
preserve marine life and environmental integrity in and near Antarctica.
14. Convention on Fishing and Conservation of Living Resources of the High Seas:
Fish stock is an international resource. While countries manage and fish their own stocks
within their own borders and waters, shared rights exist in international waters.
15. Vienna Convention for the Protection of the Ozone Layer: The 1980s and 1990s
were critical to many changes in international standards. One of the biggest problems from
this era was the use of CFCs which were soon discovered as damaging to the ozone layer -
the protective layer of gas in the upper atmosphere. This international treaty banned their
use in most cases in a move designed to restore atmospheric safety.

NAVIGATE

Adapted with modification from the Learning Guide 3.1 written by MTenchavez.

Consider the case of the elephant cited in https://www.bagheera.com/asian-elephant-and-

african-elephant/ (Asian and African Elephants) and elaborate on your responses to the
following questions:

a. Cite two international laws/treaties/convention/protocols which aimed at

protecting elephants. Fill in the table below.
Laws/treaties/convention/protocols Salient Provisions or Based on the
(2points) Summary of Intent provisions, suggest a
(4 points) plan of action to
Content- 2pts address the problem?
Organiztion-2 pts (5 points)
Clear explanation
and detailed steps-
3 points
Use of
technical/scientific
language-2 points

Scoring Guide for items b to d.

Content- 2 points
Coherence- 1 point
Use of Technical/Scientific Language-2 points

b. Which elephant’s chances for survival are better, the African or the Asian? What
factors lead you to this conclusion?
c. Do you think banning trade in ivory affects other species?
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d. If the ban on trade in ivory is successful in stopping poaching, do you think the
elephant’s survival is assured? Is your answer the same for African and Asian
elephants?
Due: October 12, 2021
Template posted in the assessment folder.

KNOT

In summary, international Environmental Laws (IEL) are aims at controlling

pollution and the depletion of natural resources within the agenda of sustainable
development. It is a branch of public international law - a body of law created by states for
states to govern problems that arise between states. IEL covers topics such as population,
biodiversity, climate change, ozone depletion, toxic and hazardous substances, air, land,
sea and transboundary water pollution, conservation of marine resources, desertification,
and nuclear damage (Guruswamy, 2017).

References:

1. Belgian Clearing House Mechanism. (2016). Convention on biological diversity.

Retrieved from http://www.biodiv.be/convention
2. Biological Weapons Convention (n.d). Retrieved
https://en.wikipedia.org/wiki/Biological_Weapons_Convention
3. Center for International Earth Science Information Network. (2016). Environmental
treaties and resource indicators (ENTRI) – full text file. Retrieved from
http://sedac.ciesin.org/entri/texts/pollution.of.sea.by.oil.1954.html
4. Convention on Fishing and Conservation of Living Resources of the High Seas (n.d).
Retrieved from https://www.gc.noaa.gov/documents/8_1_1958_fishing.pdf
5. Convention on the Conservation of Antarctic Marine Living Resources (n.d). Retrieved
from
https://en.wikipedia.org/wiki/Convention_for_the_Conservation_of_Antarctic_Marine
_Living_Resources
6. Declaration of the United Nations Conference on the Human Environment. (n.d).
Retrieved from
https://en.wikipedia.org/wiki/Declaration_of_the_United_Nations_Conference_on_th
e_Human_Environment
7. Earthwatch Institute (n.d). Retrieved from
https://en.wikipedia.org/wiki/Earthwatch_Institute
8. Environment and Ecology. (2016). United nations framework convention on climate
change. Retrieved from http://environment-ecology.com/climate-change/599-
united-nations-framework-convention-on-climate-change.html
9. Environmental Law: Government and Public Policy Towards the Environment (n.d). Retrieved from
https://www.environmentalscience.org/environmental-law
10. Fifth ASEAN State of the Environment Report. January 12, 2018. Retrieved from
https://environment.asean.org/soer5/
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11. Guruswamy, L.D. (2017). International Environmental Law in a Nutshell (West, 5th
ed.). Retrieved from http://cat.lib.unimelb.edu.au/record=b6475872~S18
12. Kasnoff, C. (2016). Bagheeraan education website about endangered species and the
efforts to save them. Retrieved from
http://www.bagheera.com/inthewild/van_anim_elephant.htm
13. Maslog, C. October 5, 2020. [ ANAL Y SIS] A n ote t o pl an t i t os an d pl ant i tas:
Poach ers en dan ger Sout heast Asia’ s r ich bi odiv ersi ty . Ret ri ev ed f rom
h tt ps: // www. rappl er. com / v oi ces/ t h ou ght - l eade rs/ an aly si s- poach ers -
en dan ger- sou th east- asi a- r i ch - bi odi ve rsi ty
14. McGraw-Hill Education. (2007). Environmental science case studies library. Retrieved
from http://www.mhhe.com/Enviro-Sci/CaseStudyLibrary/
15. Ministry of Foreign Affairs of the Republic of Poland. (2016). International law.
Retrieved from http://www.mfa.gov.pl/en/foreign_policy/international_law/
16. Paris Agreement (n.d). Retrieved from https://unfccc.int/process-and-meetings/the-
paris-agreement/what-is-the-paris-agreement
17. Secretariat of the Basel Convention. (2011). Basel convention. Retrieved from
http://www.basel.int/theconvention/overview/tabid/1271/default.aspx
18. The Convention on Biological Diversity Secretariat. (2016). The convention on
biological diversity. Retrieved from https://www.cbd.int/convention/
19. The Ramsar Convention Secretariat. (2014). About the Ramsar Convention.
Retrieved from https://www.ramsar.org/about-the-ramsar-convention
20. United Nations. (2016). International law. Retrieved from
http://www.un.org/en/globalissues/internationallaw/
21. United Nations Convention to Combat Desertification. (2016). About the convention.
Retrieved from http://www2.unccd.int/about-the-convention
22. United Nations Economic Commission for Europe. (2016). Industrial accidents
convention. Retrieved from https://www.unece.org/env/teia/about.html
23. United Nations Economic Commission for Europe. (2016). UNECE. Retrieved from
http://www.unece.org/env/lrtap/30anniversary.html
24. United Nations Environment Programme. (2016). Convention on international trade
in endangered species of wild fauna and flora. Retrieved from
https://www.cites.org/eng/disc/what.php
25. United Nations Framework Convention on Climate Change. (2014). Kyoto protocol.
Retrieved from http://unfccc.int/kyoto_protocol/items/2830.php
26. United States Department of State. (2016). The Montreal protocol on substances
that deplete the ozone layer. Retrieved from
http://www.state.gov/e/oes/eqt/chemicalpollution/83007.htm
27. United States Fish and Wildlife Service. (2016). Convention for the prevention of
pollution of the sea by oil. Retrieved from https://www.fws.gov/policy/530fw2.html
28. Vienna Convention for the Protection of the Ozone Layer (n.d). Retrieved from
https://ozone.unep.org/treaties/vienna-convention

Credits for the images used in the THINK Icons.

TARGETS- https://www.bernardmarr.com/default.asp?contentID=1013
HOOK- https://disney.fandom.com/wiki/Captain_Hook
IGNITE- https://pngtree.com/freepng/fire-logo-icon-design-template-vector_4021793.html
NAVIGATE- https://www.chieflearningofficer.com/2016/07/11/3-ways-to-navigate-the-
politics-of-change/
KNOT- http://www.free-macrame-patterns.com/cloverleaf-knot.html