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CHERAMAE B.

MORALES
1. The Canada–Philippines waste dispute was an international row over
mislabeled Canadian garbage shipped to Manila by a recycling company.
The 103 shipping containers that left from Vancouver in 2013–14 were
labeled as recyclable plastics; they instead contained household waste.
The intricacies of international treaties, the private company involved,
and Canadian regulations complicated the situation through 2019 when
Philippine President Rodrigo Duterte began threatening Canada with
ultimata. On May 30, 2019, 69 containers of Canadian trash were shipped
back.
The Canada-Philippines waste dispute is a complex international issue involving
environmental principles that were articulated in the Rio Declaration on Environment
and Development in 1992. These principles provide a framework for addressing
environmental concerns on a global scale. Several principles from the Rio Declaration
can be applied to this situation:

 Principle 1 - Human Rights and Sustainable Development: The Rio Declaration


emphasizes the right to a healthy and productive life in harmony with nature.
In the waste dispute, the Philippines asserted its right to a clean environment
and sustainable development, arguing that the mislabeled Canadian garbage
violated this right.
 Principle 2 - State Sovereignty over Natural Resources: This principle recognizes
that states have the sovereign right to exploit their own resources in accordance
with their environmental policies and the responsibility to ensure that activities
within their jurisdiction do not cause damage to the environment of other
states. In this context, the Philippines had the right to demand that Canada
take back its waste, as it was causing environmental problems within the
Philippines.
 Principle 6 - Polluter Pays Principle: According to this principle, the polluter
should bear the cost of pollution, taking into account the public interest and
without distorting international trade and investment. In the Canada-
Philippines waste dispute, it was argued that the Canadian recycling company
that shipped the mislabeled waste should bear the responsibility for the
disposal and cleanup costs in the Philippines.
 Principle 13 - Liability for Environmental Damage: This principle states that
states have a responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other states or areas beyond
their jurisdiction. In this case, Canada had a responsibility to ensure that its
waste was properly managed and did not harm the environment in the
Philippines.
 Principle 15 - Precautionary Principle: This principle highlights the importance
of taking preventive action in the face of environmental threats, even in the
absence of scientific certainty. The Philippines could argue that they took action
to prevent potential environmental harm by demanding the return of the waste,
based on the suspicion that it might contain harmful materials.
 Principle 16 - Environmental Impact Assessment: This principle emphasizes the
need for an environmental impact assessment for proposed activities that are
likely to have a significant adverse impact on the environment. In this case, the
mislabeling of the waste could be seen as a failure to conduct a proper
environmental impact assessment before shipping it to the Philippines.

These principles from the Rio Declaration provide a legal and ethical basis for the
Philippines' position in the waste dispute, highlighting the importance of
environmental protection, responsibility, and cooperation among nations to address
environmental issues effectively. Ultimately, they contributed to the resolution of the
dispute and the return of the Canadian trash to Canada.
2. The Philippines is on high alert as a thickening haze from Indonesian
forest fires has reached its southern and central islands, causing flight
cancellations and health warnings. Weather officials say monsoon winds,
combined with wind patterns created by Typhoon Koppu, which recently
hammered the northern island of Luzon, could be causing the “smaze” —
smoke and haze — to drift from Indonesia to the Philippines 1,200
kilometres away. The health department has advised residents in affected
areas to wear face masks to prevent inhalation of air particles that can
cause respiratory problems. Philippine airports in the southern island of
Mindanao and in the central region, the Visayas, were forced to shut down
for six days because of poor visibility.
The situation you've described, with Indonesian forest fires causing a haze that has
reached the Philippines, can be analyzed in the context of several environmental
principles outlined in the Rio Declaration on Environment and Development, which
was adopted at the 1992 Earth Summit in Rio de Janeiro. These principles are
intended to guide international environmental policies and actions. Let's explore how
some of these principles apply to this situation:

 Principle 2: Sustainable Development: This principle emphasizes the need to


integrate environmental and developmental considerations. In the case of the
haze reaching the Philippines, it highlights the importance of addressing the
root causes of the forest fires in Indonesia, such as deforestation and land-use
practices that contribute to these fires. Sustainable development seeks to
balance economic growth with environmental protection.
 Principle 3: Right to Development: While the Philippines is affected by the haze,
it also recognizes its right to development. This principle implies that
environmental actions should not hinder the legitimate development efforts of a
country. In this context, addressing the haze should consider the developmental
needs and challenges of both Indonesia and the Philippines.
 Principle 6: Common but Differentiated Responsibilities: This principle
acknowledges that while all nations share the responsibility to address global
environmental issues, they do so differently due to their varying levels of
development and historical contributions to environmental problems. In the
case of the haze, it calls for international cooperation, with Indonesia taking
responsibility for addressing the forest fires while the Philippines seeks
assistance to mitigate the impact.
 Principle 10: Environmental Impact Assessment: Before initiating activities that
may cause environmental harm, countries are encouraged to conduct
environmental impact assessments. In this situation, it's important to evaluate
the environmental impact of practices like slash-and-burn agriculture that
often lead to forest fires in Indonesia and their potential to affect neighboring
countries like the Philippines.
 Principle 15: Precautionary Principle: This principle urges nations to take
preventive measures when there is a threat of environmental damage, even if
the scientific evidence is not yet conclusive. In the case of the haze, the
Philippines' health department advising residents to wear face masks and the
temporary closure of airports in affected areas are precautionary measures to
protect public health and safety.
 Principle 16: Environmental Impact of Armed Conflicts: Although this situation
is not directly related to armed conflicts, it highlights the environmental
consequences of natural disasters exacerbated by climate change. The principle
encourages the international community to minimize environmental damage
during conflicts and disasters.
 Principle 21: Role of Science and Technology: This principle underscores the
importance of science and technology in environmental management. It
suggests that scientific knowledge and technological advancements should be
used to address environmental challenges like monitoring and combating forest
fires.
In summary, the haze situation caused by Indonesian forest fires reaching the
Philippines involves several key principles from the Rio Declaration. These
principles emphasize the need for sustainable development, shared responsibilities,
preventive measures, and international cooperation in addressing environmental
issues that transcend national borders.

3. The South China Sea or West Philippine Sea conflict began when China
started claiming sovereignty over the maritime area and its trillion cubic
feet of natural gas and billions of barrels of untapped oil, which
contradicted the claims of other countries, namely Vietnam, Taiwan,
Brunei, Malaysia, Indonesia, and the Philippines. These countries began
claiming islands and different zones in the South China Sea as early as the
1970s. Between China and the Philippines, particularly, the subject of
their long-standing territorial dispute is the Spratly Islands, which is a
group of around 7,500 islands and reefs rich in natural resources like oil.
This group of islands is strategically situated along major trade routes,
which also makes it a valuable territory for fishing. Although the other
countries also lay claim to the Spratly Islands, China and the Philippines
are particularly the adamant ones that even brought their dispute before
the Arbitral Tribunal for international adjudication.
The Rio Declaration on Environment and Development, adopted at the 1992 Earth
Summit in Rio de Janeiro, Brazil, consists of 27 principles that provide guidance
on sustainable development and environmental protection. While these principles
are not legally binding, they reflect widely accepted international norms and
principles that should govern actions and decisions concerning the environment
and development. Several of these principles are relevant to the South China Sea
conflict and can be used to analyze the situation. Here are some of the key
principles:
 Principle 2 - Sustainable Development: Parties should aim to achieve
sustainable development, which involves meeting the needs of the present
without compromising the ability of future generations to meet their own needs.
This principle highlights the importance of balancing economic development
with environmental protection.
 Principle 3 - The Right to Development: All individuals have the right to enjoy
economic, social, and cultural development, which should be pursued to
improve the quality of life for all people. This principle underscores the
importance of considering the socio-economic well-being of the nations involved
in the South China Sea conflict.
 Principle 4 - Environmental Protection in the Development Process:
Environmental protection should be an integral part of the development
process, and the lack of full scientific certainty should not be used as a reason
for postponing measures to prevent environmental degradation.
 Principle 7 - Common But Differentiated Responsibilities: States have common
but differentiated responsibilities in addressing environmental issues. This
means that while all states have a responsibility to protect the environment,
developed nations may have a greater responsibility due to their historical
contributions to environmental problems and their greater capacity to address
them.
 Principle 15 - Precautionary Principle: Where there are threats of serious or
irreversible damage, lack of full scientific certainty should not be used as a
reason for postponing cost-effective measures to prevent environmental
degradation. This principle emphasizes the importance of taking precautionary
measures to protect the environment when there is uncertainty about the
potential harm.
 Principle 17 - Environmental Impact Assessment: Environmental impact
assessments should be carried out for proposed activities that are likely to have
a significant adverse impact on the environment. This principle promotes
transparency and informed decision-making regarding activities that could
harm the environment.
 Principle 21 - National Sovereignty Over Natural Resources: States have the
sovereign right to exploit their own resources, but they should not cause
environmental harm to other states or areas beyond their jurisdiction. This
principle is relevant to the South China Sea conflict, as it addresses the issue of
sovereignty over natural resources in the context of potential environmental
harm.
In the context of the South China Sea conflict, these principles underscore the
importance of pursuing sustainable development, protecting the marine
environment, and resolving disputes through peaceful means while considering the
rights and responsibilities of the involved states. The principles emphasize that
economic development should not come at the expense of environmental
degradation and that precautionary measures should be taken to avoid irreversible
harm to the region's ecosystems. Additionally, the principles promote the peaceful
resolution of disputes and the avoidance of actions that could harm the
environment or the rights of other nations.
4. Despite numerous calls to end land reclamation – the process of creating
new land from nearby bodies of water by filling them with rocks, cement,
clay, or dirt – many such projects dot Manila Bay, an area which spans
Metro Manila to Calabarzon. The Department of Environment and Natural
Resources (DENR) disclosed that 22 reclamation projects were, in fact,
based in the Manila Bay area and not all throughout the country. The
reclamation of land from the surrounding waters of Metro Manila is used
to expand the region's limited area of usable and natural land. There are
about 25 projects that aims to reclaim more than 10,000 hectares (100
km2) of land in Manila Bay from the city of Navotas to the province of
Cavite. Reclamation projects have been met with opposition and criticism,
especially from environmental groups.
The situation you described, involving land reclamation projects in Manila Bay, can
be assessed in the context of the Rio Declaration on Environment and Development, a
landmark document established during the 1992 Earth Summit in Rio de Janeiro. The
Rio Declaration outlines a set of principles and guidelines to promote sustainable
development and protect the environment. Several principles from the Rio Declaration
are relevant to this situation:

 Principle 2: Sustainable Development


This principle emphasizes the need for sustainable development, which means
meeting the present needs without compromising the ability of future
generations to meet their own needs. In the case of land reclamation projects,
the focus should be on balancing economic development with environmental
protection and long-term sustainability.
 Principle 4: Environmental Protection in the Development Process
This principle stresses the importance of integrating environmental
considerations into the decision-making process for development projects. In
the case of reclamation projects, it implies conducting thorough environmental
impact assessments (EIAs) to assess the potential environmental consequences
and identify measures to mitigate adverse effects.
 Principle 6: Common but Differentiated Responsibilities
This principle acknowledges that nations have different capacities to address
environmental issues. It implies that countries should take into account their
unique circumstances and capabilities when undertaking development projects,
such as land reclamation. In this context, the Philippines should consider its
specific environmental vulnerabilities and the potential impacts on its coastal
ecosystems.
 Principle 10: Public Participation
This principle emphasizes the importance of involving the public in decision-
making processes related to environmental issues. It implies that the
government should engage with stakeholders, including environmental groups
and local communities, to ensure that their concerns and perspectives are
considered when approving and implementing reclamation projects.
 Principle 15: Precautionary Approach
This principle advises taking preventive action to avoid environmental harm
when scientific evidence is insufficient but there are plausible threats of serious
or irreversible damage. In the case of land reclamation, if there are
uncertainties about the ecological impacts, a cautious approach should be
adopted, and measures should be taken to minimize potential harm.
In the given situation, it's clear that environmental principles from the Rio Declaration
are relevant to govern the land reclamation projects in Manila Bay. These principles
underscore the importance of sustainable development, environmental protection,
public engagement, and precautionary measures, all of which can guide decision-
makers in addressing the concerns and criticisms raised by environmental groups and
local communities regarding these projects. It is essential that these principles are
taken into account to ensure that the projects are carried out in a manner that
balances development needs with the preservation of the natural environment and the
well-being of future generations.

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