Environmental Law Reviewer Post Midterms

Janine Gabrielle del Rosario

4.

CONVENTION ON BIOLOGICAL DIVERSITY

Salient features:
1. CBD highlights the importance of sustaining systems of
the biosphere and its conservation is a COMMON
CONCERN of mankind.
2. Objectives:
a. Conservation of biological diversity
b. Sustainable use of its components; and
c. Fair and equitable sharing of benefits arising
from genetic resources
3. Terms:
a. "Biological diversity" means the variability
among living organisms from all sources
including, inter alia, terrestrial, marine and other
aquatic ecosystems and the ecological
complexes of which they are part; this includes
diversity within species, between species and of
ecosystems.
b. "Ex-situ
conservation"
means
the
conservation of components of biological
diversity outside their natural habitats.
c. "In-situ
conservation"
means
the
conservation of ecosystems and natural
habitats and the maintenance and recovery of
viable populations of species in their natural
surroundings.
d. "Domesticated or cultivated species" means
species in which the evolutionary process has
been influenced by humans to meet their needs

5.

6.

7.

e. "Genetic resources" means genetic material

of actual or potential value.
Scope:
a. Identify components of biological diversity
important for its conservation and sustainable
use
b. Monitor components of biological diversity
paying particular attention to those requiring
urgent conservation measures and those which
offer the greatest potential for sustainable use
c. Identify processes and categories of activities
which have or are likely to have significant
adverse impacts on the conservation and
sustainable use of biological diversity
In-Situ Conservation
a. Establishment and management or protected
areas
b. Conservation and sustainable use of biological
resources within and outside protected areas
c. Promotion of environmentally sound and
sustainable development in areas adjacent to
protected areas
Ex-Situ Conservation
a. Adopt measures for ex-situ conservation of
components of biological diversity
b. Establish and maintain facilities for ex-situ
conservation of and research on plants, animals
and micro-organisms
c. Adopt measures for the recovery and
rehabilitation of threatened species and for their
reintroduction into their natural habitats
Philippines as a Party to CBD
a. National Biodiversity Strategy and Action Plan
(NBSAP)

b. Philippine Biodiversity Conservation Priorities

(PBCP)
8. Annex I- Subjects of Monitoring
a. Ecosystems and habitats: containing high
diversity, large numbers of endemic or
threatened species
b. Species
and
communities
which
are:
threatened; wild relatives of domesticated or
cultivated species; of medicinal, agricultural or
other economic value; or social, scientific or
cultural importance; or importance for research
into the conservation and sustainable use of
biological diversity
9. Access and benefit sharing
a. agreement that defines the fair and equitable
sharing of benefits arising from the use of
genetic resources. ABSAs typically arise in
relation to bioprospecting where indigenous
knowledge is used to focus screening efforts for
commercially valuable genetic and biochemical
resources.
ABSAs
recognise
that
bioprospecting frequently relies on indigenous
or traditional knowledge, and that people or
communities who hold such knowledge are
entitled to a share of benefits arising from its
commercial utilization.
BASEL CONVENTION ON TRANSBOUNDARY MOVEMENT
OF HAZARDOUS WASTE
1. designed to reduce the movements of hazardous
waste between nations, and specifically to prevent
transfer of hazardous waste from developed to less
developed countries (LDCs)
2. Objective:

3.

4.
5.

6.

7.

a. To protect, by strict control, human health and

the environment against the adverse effects
which may result from the generation and
management of hazardous wastes and other
wastes.
Principal Aims:
a. 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
c. prior informed consent
Environmentally sound management
Hazardous wastes may not be transported to:
a. Antartica
b. To a State not a Party to the Present
Convention
c. To a party having banned the import of
hazardous wastes
Prior informed Consent
a. authorities of the State of export MUST notify
the authorities of the prospective States of
import and transit
b. THERE MUST BE A WRITTEN CONSENT
FROM BOTH THE CONTRACTING PARTIES
Waste Covered by Basel
a. 4 main classification of hazardous wastes:
Toxic, Corrosive, Reactive, Ignitable
b. Excluded from the scope of the Convention are:
Radioactive waste, Waste derived from normal
operation of a ship

UNCLOS
A. PART XII Protection and Preservation of the Marine
Environment
1. Article 192. General obligation- States have the
obligation to PROTECT and PRESERVE the marine
environment.
2. Article 193. Sovereign right of States to exploit their
natural resources- States have the sovereign right to
exploit their natural resources pursuant to their
environmental policies and in accordance with their
duty to protect and preserve the marine environment.
3. States shall take, individually or jointly as
appropriate, all measures consistent with this
Convention that are necessary to prevent, reduce and
control pollution of the marine environment from any
source
4. Article 195. Duty not to transfer damage or hazardsor
transform one type of pollution into another- requires
nations to prevent, reduce and control pollution in the
marine environment prohibits nations from transferring
pollution to another nation, either directly or indirectly,
or from turning one type of pollution into another
5. Global and regional cooperation States must
participate in regional agreements related to the
environment
6. Prevent, reduce and control marine environment from
pollution from land based sources, or those arising
from seabed activities subject to their jurisdiction,
dumping (dumping within the territorial sea and the
exclusive economic zone or onto the continental shelf
shall not be carried out without the express prior
approval of the coastal State)
7. Pollution from vessels regulate laws regarding
pollution from vessels

RAMSAR CONVENTION ON WETLANDS

1. Ramsar is the oldest of the modern global
intergovernmental environmental agreements.
2. Scope of Ramsar Wetlands:
a. Wetlands are areas where water is the primary
factor controling the environment and the
associated plant and animal life. They occur
where the water table is at or near the surface
of the land, or where the land is covered by
shallow water
b. Wetlands include swamps, marshes, billabongs,
lakes, salt marshes, mudflats, mangroves, coral
reefs, fens, peat bogs, or bodies of water whether natural or artificial, permanent or
temporary.
c. Five major wetland types are generally
recognized:
i. Marine (coastal wetlands including
coastal lagoons, rocky shores, and coral
reefs);
ii. Estuarine
(including
deltas,
tidal
marshes, and mangrove swamps);
iii. Lacustrine (wetlands associated with
lakes);
iv. Riverine (wetlands along rivers and
streams); and
v. Palustrine
(meaning
marshy

marshes, swamps and bogs)

d. Objective:
i. the conservation and wise use of all
wetlands through local and national
actions and international cooperation, as
a
contribution
towards
achieving

sustainable development throughout the

world
e. wise use of wetlands as the maintenance of
their ecological character, achieved through the
implementation of ecosystem approaches,
within the context of sustainable development.
Wise use can thus be seen as the conservation
and sustainable use of wetlands and all the
services they provide, for the benefit of people
and nature.
f. Designation process
i. When a country accedes to the
Convention, it must designate at least
one wetland site as a Wetland of
International Importance.
ii. Parties should continue to designate
suitable wetlands within their territory for
the List.
g. Three pillars of the Convention
i. work towards the wise use of all their
wetlands;
ii. designate suitable wetlands for the list
of Wetlands of International Importance
(the Ramsar List) and ensure their
effective management;
iii. cooperate
internationally
on
transboundary wetlands, shared wetland
systems and shared species.

WORLD HERITAGE CONVENTION

Salient features:
1. It links together in a single document the concepts of
nature conservation and the preservation of
cultural properties. People interact with nature and
the fundamental need to preserve the balance between
the two.
2. Objectives:
a. Aims to promote cooperation among nations to
protect heritage around the world
b. Properties on the World Heritage List will be
conserved for all time
3. World Heritage Committee:
a. Meets once a year and consists of 21
representatives of State Parties to the
Convention
b. Responsible for the implementation of the
World Heritage Convention
c. Defines use of the World Heritage Fund and
allocates financial assistance upon requests
4. State Parties:
a. Countries which adhere to the WHC and agree
to identify and nominate properties on their
national territory to be considered for inscription
on the World Heritage List
5. Responsibilities of State Parties to the Convention
a. Adopt a general policy that aims to give the
cultural and natural heritage a function in the
life of the community
b. Undertake
appropriate
legal,
scientific,
technical, administrative and financial measures
necessary for the identification, protection,
conservation, presentation and rehabilitation of
this heritage

c. Refrain from any deliberate measures which

might damage, directly or indirectly, the cultural
and natural heritage of other Parties to the
Convention and the identification and
protection of other State parties
6. Importance
a. Access to the World Heritage Fund
b. Emergency assistance to repair damage
caused by human-made or natural disasters
c. Increase in public awareness
7. Criteria for Selection in the World Heritage List
a. Sites must be of outstanding universal value
and meet at least one of ten selection criteria:
masterpiece of creative genius, important
interchange of human values, exceptional
testimony to a cultural tradition, outstanding
example of a type of building, outstanding
example of a human settlement, to be directly
or tangibly associated with events or living
traditions; natural phenomena or areas of
exceptional beauty; representing stages of
earths
history;
outstanding
examples
representing significant on-going ecological and
biological processes in the evolution and
development
CONSTITUTIONAL PROVISIONS
Article XIV, Sec. 14
The State shall foster the preservation, enrichment and
dynamic evolution of a Filipino national cultured based on the

principle of unity in diversity in a climate of free artistic and

intellectual expression.
Sec 15
Arts and letters shall enjoy patronage of the State. The State
shall conserve, promote and popularize the nations historical
and cultural heritage and resources, as well as artistic
creations.
Sec 16
All countrys artistic and historic wealth constitutes the cultural
treasure of the nation and shall be under the protection of the
State which may regulate its disposition.
Sec 17
The State shall recognize, respect and protect rights of
indigenous cultural communities to preserve and develop their
cultures, traditions and institutions. It shall consider these
rights in the formulation of national plans and policies.
Sec 18
(1) The State shall ensure equal access to cultural
opportunities through the educational system, public or
private cultural entities, scholarships, grants or other
incentives and community cultural centers and other
public venues.
(2) The State shall encourage and support researches and
studies on arts and culture