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1.

Strategic Environmental Plan for Palawan RA 7611


SEC. 4 Strategic Environmental Plan. - A comprehensive framework for
the sustainable development of Palawan compatible with protecting and
enhancing the natural resources and endangered environment of the
province is hereby adopted. Such framework shall be known as the
Strategic Environmental Plan for Palawan, hereinafter referred to as SEP,
and shall serve to guide the local government of Palawan and the
government agencies concerned in the formulation and implementation of
plans, programs and projects affecting said province.
SEC. 5 Strategic Environmental Plan (SEP) Philosophy. - The SEP
shall have as its general philosophy, the sustainable development of
Palawan, which is the improvement in the quality of life of its people in the
present and future generations through the use of complementary
activities of development and conservation that protect life-support
ecosystem and rehabilitate exploited areas to allow upcoming generations
to sustain development growth. It shall have the following features:
(1) Ecological viability - The physical and biological cycles that maintain
the productivity of natural ecosystems must always be kept intact.
(2) Social acceptability - The people themselves, through participatory
process, should be fully committed to support sustainable development
activities by fostering equity in access to resources and the benefits
derived from them.
(3) Integrated approach - This allow for a holistic view of problems and
issues obtaining in the environment as well as opportunities for
coordination and sharing that will eventually provide the resources and
political will to actually implement and sustain SEP activities.
2. Disaster risk management Asean
ASEAN Agreement on Disaster Risk Reduction (AADRR)
ASEAN Agreement on Disaster Management and Emergency Response
(AADMER)
- ratified right after the Tsunami
- acquisition of helicopter, aircraft, vessel for disaster and climate

change
preparedness, rehabilitation, respond to natural calamities
solve customs delay to foreign nationals in helping disasters

3. Armed Conflict and the Environment: Legal Perspectives

Endanger and damage the environment; destruction of lives, culture and


land
o Chemical pollution on land
o Maritime and atmospheric pollution
o Despoliation of land by mines and other dangerous objects
o Threats to water supply

1868 Declaration of St. Petersburg (Russia)


o Objective:
weakening military force of the enemy
precautionary principle in the field of
environmental protection
prevent the invention of new and more
destructive weapons of war
o prevent
damage
to
the
environment

Principle 24 of the UN Declaration on Environment and Development


o Warfare is inherently destructive of sustainable development
o UN Conference on Environment and Development (UNCED)
Agenda 21 - reference to armed conflict; measures in
accordance with international law

Balance necessity against collateral damage

Geneva Convention:
a.) 1976 Convention on the Prohibition of Military or any other Hostile Use of
Environmental Modification Techniques (ENMOD)
b.) 1977 Additional Protocol (on protection of victims) to the Geneva
Conventions of 12 Aug 1949 (Protocol 1) International wars; prohibition
on indiscriminate attacks and environmental collateral damage

c.) 1977 Additional Protocol Relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol 2) internal armed conflicts
Hague Conventions governing weapons
right to choose weapons is not unlimited
restricted or banned weapons:
o exploding munitions
o poisonous gas
o chemical and biological weapons
o blinding lasers
o land mines
o lead ammunition tungsten and tin / nylon
Deficiencies and Current Challenges
Geneva Convention 1949 no mention of environment
Hague Convention 1907 did not address specific environmental
issues
o Constitutes? widespread, long term and severe damage
Kosovo wartime
pollution of Danube river
bombing of industrial facilities
Yugoslavia filed a case before ICJ vs US and Spain (did
not recognize ICJ; jurisdiction)
Breaches:
o Obligation not to cause far reaching health
and environmental damages
o Obligation not to use prohibited weapons
Vatican State
o Protected area; avoid destruction; military to take all
necessary measures
o 1954 Convention for the protection of cultural property in the
event of Armed Conflict
o list 1971 Ramsar Convention
protection in times of Armed Conflict
protected areas free of weapons; no military activities
X Vietnam War, Gulf War, Kosovo War/Conlict
Difficult to discern contamination due to

wartime transboundary pollution


existent monitoring facilities

or

non

Emerging New Approach


a. 1977 Protocol I effective implementation in Iraq, Afghanistan, Israel
Lebanon
b. International Council of Environmental Law (ICEL)
- draft convention on the prohibition of
hostile
military
activities
in
Internationally protected areas
c. 1971 Ramsar Convention on Wetlands
d. 1972 World Heritage Convention
e. UN List of Parks and Protected Areas transboundry parks
f. UNESCO (United Nations Educational, Scientific and Cultural
Organization) Biosphere reserve system

Proposals based on current laws list of designated cultural and natural


sites
Sufficient detailed maps showing location
Distinctive emblem should use for natural site identification and protection
UN Secretary General to bring matters to Security Council
Sites must be demilitarized zones similar to ART60 1977 Protocol I
State to provide for continuing education
Bilateral agreements protection of areas (parks and protected areas)

Significant suggestions: proper mapping


1. new instrument for protection of environment in times of armed conflict
2. further international and national measures to prevent harm to the
environment
a. catalogue of human activities with hostile purpose injuries to the
environment
i. intentional attacks
ii. manipulation of natural process
iii. significant collateral damage
b. registry of all protected areas should be completed
3. revise and update military procedures to ensure protection of the

environment to the fullest possible extent in times of armed conflict


a. if damaged can harm human health
4. UN establish a system of emergency preparedness to protect the
environment
5. Damage, actual or potential, and restoration
a. Compensation in kind shall be required when restoration is not
physically possible
*Implementation of MEA is dependent in national laws

4. World tribunal to protect the environment? Premises, opportunities,


obstacles
International Environmental Court (1988) Rome
- now International Court of the Environment Foundation ICEF
o exclusive, specialized and international competence in the field
of environment
o empowered to implement international law
o guarantee a right of access to individuals to protect their human
rights
o undertake advisory, investigate, conciliatory functions
I.

Principle of Universality -> Territorial Sovereignty


o Environmental regulations depends on the sovereignty of the
states and different national legislation
o No compulsory higher authority
o States do not recognize authority higher than their own
No guarantee of balanced management of the environmental
problems
Principle of universality should apply universal nature
o Principle of State of Territorial Sovereignty must demand or
adapt to new demands
o New concept of National Sovereignty
o States constitutional independence and mutual restriction
o States sovereign over own people < permanent
sovereignty over natural resources

II.

Priority Issues of ICE


a. Individual as subject of international law
b. Place of the human right to the environment in international law
i. International law recognizes the right to the environment as a
fundamental right of every person
ii. 1st identification of the human right to a healthy environment
o UN Declaration on the Human Environment / Stockholm
Declaration
o Man has the fundamental right to freedom,
equality and adequate conditions of life, in an
environment of a quality that permits a life of
dignity and well being, and he bears a solemn
responsibility to protect and improve the
environment of present and future generations.

III.

Access to Environmental Justice


a. ICE: not granted direct access to ICJ only states
i. Individuals
ii. NGO and environmental association
iii. States
iv. Supranational org. -> EU
v. International org. -> UN
b. international organizations are not accountable in law

Mandates:
a. evolution of the concept of environmental crime
b. widening liability law for environmental damage
c. application of Polluter Pays Principle
Problem: states are inherently reluctant to relinquish sovereignty and expose
themselves to legal proceedings
Permanent Court of Arbitration (PCA)
- jurisdiction is not compulsory
- competence only from agreement to arbitrate

IV.

Arguments against the creation of an international court of environment


(ICE) global level:

a. ICJ
b. Apellate Body of the WTO
c. Tribunal of the Law of the Sea
handed down decisions in disputes related to the protection of the
environment
d. ICJ environment chamber
e. Permanent Court of Arbitrations Environment Facility

Regional Forums
a. RCHR
b. Inter American court of HR
c. Court of Justice of the European Community
Multilateral Environmental Agreement (MEA)
-

propose frequent consultations to allay fear about fragmentation of


international law
a. Kyoto Protocol on Climate Change
- proposing to establish an enforcement branch
- legally binding consequences for non compliance procedure for the
protocol
b. Permanent Court of Arbitrations Environment Facility
- similar rules for state, intergovernmental organization, private parties
c. Establishment of the Inspection Panel
IMF establish an Independent Evaluation Office