ENVIRONMENTAL SCIENCE
(ENVIRONMENTAL LAW and JURISPRUDENCE )
JASON P. FABELLA
Bachelor of Science in Information Technology
Define EJ in your own words
For me EJ is about environment and social justice to remind us of how influential us humans in our nature. Whoever we are, whatever we do for a living, we can still be involved in the preservation and conservation of our environment and we should seek to amends unequal distributions of environmental problems such as pollution in our environment.
Why Philippine laws on environmental protection are important to the Filipino people?
The simplest explanation about why environmental protection are important to the Filipino is that without this all our natural resources in the country will be lost and the generations after us will not see the beauty of our country. We could not deny that there is no one to blame that us are the culprit in the destruction of our environment. The Philippine Law on Environmental protections is devised to cease those who are abusing our environment.
But, we cannot ignore the fact that it is difficult to reach all solutions to environment problems, since some people consider their interests first before our environment. But using this laws that we can make a start and rectify our mistakes in the past and makes great effort to conserve our environment for next generation as well as those generations yet unborn.
Identify the eight (8) International treaties and discuss its particulars.
Environmental Agreement
Ratification
Description
1. Convention of Biodiversity
Number of parties:193
Opened for Signature:1992
Entered into Force:1993
Harris, Paul G. (2012)
Its objective is to develop national strategies for the conservation and sustainable use of biological diversity. It is often seen as the key document regarding sustainable development.
The Convention has three main goals:
1. conservation of biological diversity (or biodiversity);
2. sustainable use of its components; and
3. fair and equitable sharing of benefits arising from genetic resources (Source Wikipedia)
2. Convention on International Trade in Endangered Species of Wild Fauna and Flora
Number of parties:175
Opened for Signature:1973
Entered into Force:1987
Harris, Paul G. (2012) Its objective is to protect endangered plants and animals. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species in the wild, and it accords varying degrees of protection to more than 35,000 species of animals and plants. (Source Wikipedia)
3. Basel convention on transboundary movement of hazardous waste
Number of parties:175
Opened for Signature:1973
Entered into Force:1987
Harris, Paul G. (2012)
It was 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). It does not, however, address the movement of radioactive waste. The Convention is also intended to minimize the amount and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation, and to assist LDCs in environmentally sound management of the hazardous and other wastes they generate. (Source Wikipedia)
4. Montreal Protocol on Substances that Deplete the Ozone Layer
Number of parties:175
Opened for Signature:196
Entered into Force:1988
Harris, Paul G. (2012)
It is designed to protect the ozone layer by phasing out the production of numerous substances that are responsible for ozone depletion (Source Wikipedia)
5. UN framework convention on climate change
Number of parties:194
Opened for Signature:1992
Entered into Force:1994
Harris, Paul G. (2012)
The objective of the treaty is to "stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.
(Source Wikipedia)
6. Kyoto Protocol on the UNFCCC (United Nations Framework Convention on Climate Change)
Number of parties:190
Opened for Signature:1997
Entered into Force:2005
Harris, Paul G. (2012)
It is an international treaty, which extends the 1992 United Nations Framework Convention on Climate Change (UNFCCC) that commits State Parties to reduce greenhouse gases emissions, based on the theory that (a) global warming exists and (b) man-made CO2 emissions have caused it. (Source Wikipedia)
7. United Nations Convention on the Law of the Sea
Number of parties:160
Opened for Signature:1982
Entered into Force:1992
Harris, Paul G. (2012) It is an international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. The Law of the Sea Convention defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. . (Source Wikipedia)
8. Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
Number of parties:134
Opened for Signature:1998
Entered into Force:2004
Harris, Paul G. (2012)
It is a multilateral treaty to promote shared responsibilities in relation to importation of hazardous chemicals. The convention promotes open exchange of information and calls on exporters of hazardous chemicals to use proper labeling, include directions on safe handling, and inform purchasers of any known restrictions or bans. Signatory nations can decide whether to allow or ban the importation of chemicals listed in the treaty, and exporting countries are obliged to make sure that producers within their jurisdiction comply.
Identify the basis of Environmental Law under the 1987 Constitution
Under the Executive Order No. 192 to accomplish its mandate, the Department of Environment and Natural Resources shall be guided by the following objectives that will serve as basis for policy formulation:
Assure the availability and sustainability of the country's natural resources through judicious use and systematic restoration or replacement, whenever possible;
Increase the productivity of natural resources in order to meet the demands for forest, mineral, and land resources of a growing population;
Enhance the contribution of natural resources for achieving national economic and social development;
Promote equitable access to natural resources by the different sectors of the population;
Conserve specific terrestrial and marine areas representative of the Philippine natural and cultural heritage for present and future generations.
Explain why the landmark case of Oposa v. Factoran is related to the principle of “INTERGENERATIONAL EQUITY”
Intergenerational equity is a concept that says that humans 'hold the natural and cultural environment of the Earth in common both with other members of the present generation and with other generations, past and future' (Weiss, 1990, p. 8). Even though that the case is filed by children thru their parents, it will not change that fact that all of us human whether old, young and whatever races has a moral obligation in the conservation and protection of our country. Since the future will compensate for any loss of environmental amenity today, everybody can has the right to invoke their right in protecting our environment.
Elaborate the phrase “To LOOK before you LEAP!” (focus your discussion on the importance/significance of EIA as process for all activities the may cause harm to the environment. Site an example.
According to freedictionary.com it means “Think carefully about what you are about to do before you do it. Like what it literally meant, we should think things through before taking risks. It relation to this, we should do thing after careful consideration beforehand if there’s any detrimental effect to our environment. Like for example most of us just burn our garbage in our backyard, most of us just ignore the fact this is harmful effect our ozone, most of Filipinos don’t know the consequence of it but some ignore it to please their own selfish reasons. We should assess the things that we our doing right now so that we can device to conceptualized environment conscious program that will serve as a flagship program for the conservation and protection of environment not just for our sake but also for the future generation next to us.
Reference
Harris, Paul G. (2012) Routledge Handbook of Global Environmental Politics
Convention on Biological Diversity http://en.wikipedia.org/wiki/Convention_on_Biological_Diversity CITES http://en.wikipedia.org/wiki/CITES Basel Convention http://en.wikipedia.org/wiki/Basel_Convention Montreal Protocol http://en.wikipedia.org/wiki/Montreal_Protocol United Nations Framework Convention on Climate Change http://en.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Change Kyoto Protocol http://en.wikipedia.org/wiki/Kyoto_Protocol United Nations Convention on the Law of the Sea http://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Sea Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade http://en.wikipedia.org/wiki/Rotterdam_Convention Think before you leap http://idioms.thefreedictionary.com/Look+before+you+leap Executive Order No. 192 http://www.chanrobles.com/eo192.htm#.VDy0TGeSy_Q
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