XIII.

Overview of International Natural Resources Treaties & Principles [December 12/19]

A. The Evolution of International Environmental Law

o Hunter et al. 2007. Part 1, Chapter 7. Principles and Concepts in International Environmental Law
[Hunter, Salzman and Zaelke. 2007. International Environmental Law and Policy. New York: Foundation
Press.]

B. A Survey of Multilateral Environmental Agreements, with a Focus on Climate Change

o Rio Agreements, Agenda 21

 Came about as a result of the need to reaffirm and build on the Declaration of the United
Nations Conference on the Human Environment, adopted in Stockholm on June 16, 1972
 Established into force on June 14, 1992
 Primary goal: establish new and equitable global partnership through the creation of new levels
of cooperation among States, key sectors and people, and to work towards international
agreements which respect the interests of all and protect the integrity of the global
environmental and developmental system
 Recognizes the integral and interdependent nature of the Earth
 Propounds 27 principles for States to follow
 3 principles that stand out
1. Principle 3: advocates the necessity of sustainable development to equitably
meet the developmental and environmental needs of present and future
generations
2. Principle 10: espouses the belief that environmental issues are best handled
with participation of all citizens--- there should be open line communication
between individuals and public authorities
3. Principle 15: recognizes the adoption of the Pre-cautionary Principle when it
comes to decision-making and environmental regulation; basic idea behind the
Pre-cautionary Principle is that “where there are threats of serious or
irreversible damage, lack of scientific certainty shall not be used as a reason for
postponing cost-effective measures to prevent environmental degradation”
 Because it is not a convention, there are no signatories or convention bodies, but States have
treated its provisions as generally accepted principles of international law

o United Nations Framework on Climate Change Convention & its Protocols

 In 1992, the United Nations Conference on Development and Environment (UNCED) assembled
at Rio de Janeiro, and 154 nations signed an agreement to address climate change, now known
as the United Nations Framework Convention on Climate Change (UNFCCC).
 The UNFCCC entered into force on March 21, 1994.
 Currently, there are 195 Parties to the Convention, which includes the Philippines, that ratified
the UNFCCC on August 2, 1994.
 Ultimate objective: to achieve stabilization of greenhouse gas (GHG) concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic (originating in human
activity) interference with the climate system
 Some of its principles are:
 Inter-generational equity
 Precautionary approach
 Common but differentiated responsibilities
 The Convention divides Parties into two main categories--- Annex I Parties (developed countries)
and non-Annex I Parties (mostly developing countries)
 Annex I Parties:
 Shall adopt national policies and take corresponding measures on mitigation of
climate change, by limiting anthropogenic emissions of GHG, and protecting and
enhancing its GHG sinks and reservoirs
 Aim to return their GHG emissions individually or jointly to their 1990 levels
 Non-Annex I Parties:
  Given special consideration for their limited capacity to respond to climate
change and adapt to its adverse effects
 Implementation of commitments depends on the effective implementation by
developed country Parties of their commitments under the Convention related
to financial resources and transfer of technology
 Taken account of the Parties economic and social development, and poverty
eradication as the first and overriding priorities of the developing country
Parties
 Conference of the Parties (COP):
 Composed of all the State-parties to the UNFCCC
 Highest decision-making body under the Convention
 Conducts annual sessions to check progress on the goals of the UNFCCC
 The Kyoto Protocol
 In 1997, the Protocol to the UNFCCC was adopted at the third session of the Conference
of Parties (COP 3) in Kyoto, Japan
 Entered into force on February 16, 2005 by 192 Parties
 Objective: establish a legally binding international agreement, whereby all the
participating nations would commit themselves to tackling the issue on global warming
and GHG emissions
 5 principal concepts
1. Commitments
2. Implementation
3. Minimizing impacts on developing countries by establishing an adaptation fund
for climate change
4. Accounting, reporting and review in order to ensure the integrity of the
Protocol
5. Compliance
 [Commitment Period, 2008-2012] Sets binding targets for 37 industrialized countries
and the European community for reducing GHG emissions to at least 5% against the
1990 levels
 The commitments set forth in the Kyoto Protocol expired on the 31st of December 2012.
In December 2012, a Climate Change Conference was held in Doha, Qatar to further
discuss the post-2012 plans for climate change mitigation. This conference included the
18th Conference of the Parties (COP 18) to the UNFCCC and the 8th Meeting of the
Parties (COP/MOP 8) to the Kyoto Protocol.

o Convention on Biological Diversity

 Convention on Biodiversity (CBD) was signed and ratified by the Philippines on June 6, 1992 and
October 8, 1993, respectively, entering into force on December 29, 1993.
 Aimed at:
 The conservation of biodiversity
 The sustainable use of its components
 The fair and equitable sharing of the benefits arising out of the utilization of genetic
resources
 States are obliged to develop and integrate national programs for the conservation and
sustainable use of biological diversity.
 In-situ conservation: States must establish a system of protected areas, regulate biological
resources, promote natural habitats, and rehabilitate degraded ecosystems. Parties must also
manage the risks associated with the use and release of living modifies organisms resulting from
biotechnology, which are likely to have adverse environmental impacts. They are also obliged to
develop legislations for the protection of threatened species and provide financial support for
conservation.
 Ex-situ conservation: Contracting parties must establish facilities for ex-situ conservation of and
research on plants, animals and micro-organisms. They must also adopt measures for the
recovery and rehabilitation of threatened species and for their reintroduction into their natural
habitats.
 It brings together the COP every 2 years or as needed to review progress in the implementation
of the Convention, adopt programs of work, achieve objectives and provide policy guidelines.
  The COP is assisted by the Subsidiary Body on the Scientific, Technical, and Technological Advise
(SBSTTA), which is responsible for providing recommendations to the COP on technical aspects
of the implementation of the Convention.
 The COP and SBSTTA may also establish expert groups or call for the organization by the
Secretariat of liaison groups, workshops, and other meetings.
 Current Working Groups under the CBD:
 Working Group on Access and Benefits Sharing (ABS)
 Working Group on Article 8(j)- addresses the issues related to protection of traditional
knowledge
 Working Group on Protected Areas
 Working Group on the Review of Implementation of the Convention (WGRI)
 The Nagoya Protocol on Access & Benefit Sharing: adopted on October 29, 2010 in Nagoya,
Japan; a set of rules and procedures for implementing the third objective of the CBD access to
genetic resources and the fair and equitable sharing of benefits arising from their utilization

o CITES and other wildlife agreements

 The Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES) is
an international agreement between governments.
 Its aim is to ensure that international trade in specimens of wild animals and plants does not
threaten their survival.
 CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of IUCN
(The World Conservation Union). The text of the Convention was finally agreed at a meeting of
representatives of 80 countries in Washington, D.C., the United States of America, on 3 March
1973, and on 1 July 1975 CITES entered in force. The original of the Convention was deposited
with the Depositary Government in the Chinese, English, French, Russian and Spanish languages,
each version being equally authentic.
 CITES is an international agreement to which States (countries) adhere voluntarily. States that
have agreed to be bound by the Convention ('joined' CITES) are known as Parties. Although
CITES is legally binding on the Parties – in other words they have to implement the Convention –
it does not take the place of national laws. Rather it provides a framework to be respected by
each Party, which has to adopt its own domestic legislation to ensure that CITES is implemented
at the national level.
 For many years CITES has been among the conservation agreements with the largest
membership, with now 181 Parties.
 Because the trade in wild animals and plants crosses borders between countries, the effort to
regulate it requires international cooperation to safeguard certain species from over-
exploitation. CITES was conceived in the spirit of such cooperation. Today, it accords varying
degrees of protection to more than 35,000 species of animals and plants, whether they are
traded as live specimens, fur coats or dried herbs.

o Convention on Wetlands

 The Ramsar Convention was signed and ratified by the Philippines on December 21, 1975 and
August 11, 1994, respectively.
 The basic objective of the Convention is the conservation and wise use of all wetlands through
local, regional and national actions and international cooperation.
 State parties are obliged to designate suitable wetlands within its territory for inclusion in a List
of Wetlands of International Importance. The boundaries of each wetland shall be precisely
described and also delimited on a map, and they may incorporate riparian and coastal zones
adjacent to the wetlands, and islands or bodies of marine water deeper than 6 meters at low
tide lying within the wetlands, especially where these have importance as waterfowl habitat.
 Bodies created;
 Contracting Parties of the Ramsar Convention
 The Standing Committee
 The Ramsar Secretariat
 The Scientific and Technical Review Panel (STRP)
o UNCLOS

 The 1982 United Nations Convention on the Law of the Sea (UNCLOS) was opened for signature
at Montego Bay, Jamaica on December 10, 1982 and entered into force on November 16, 1994.
 The Philippines signed and ratified the Convention on May 8, 1984.
 The UNCLOS created the International Tribunal for the Laws of the Sea and the International
Seabed Authority.
 Its objectives are:
 To settle all issues relating to the law of the sea
 To create a new Convention to reflect developments since the UN Conferences on the
Law of the Sea in 1958 and 1960
 To establish a legal order for the sea and oceans which will facilitate international
communication, and will promote the peaceful uses of the seas and oceans, the
equitable and efficient utilization of their resources, the conservation of their living
resources, and the study, protection and preservation of marine environment
 The realization of a just and equitable international economic order which takes into
account the interests and needs of mankind as a whole, and in particular, the special
interests and needs of developing countries, whether coastal or land-locked
 To develop the principles embodied in resolution 2749 (XXV) of December 17, 1970 in
which the General Assembly of UN solemnly declared inter alia that the area of the
seabed and ocean floor and the subsoil thereof are the common heritage of mankind
 To strengthening of peace, security, cooperation and friendly relations among all
nations in conformity with the principles of justice and equal rights and will promote the
economic and social advancement of all people of the world

• The Rule of Law in the West Philippine Sea Dispute, J. Antonio T. Carpio. Published on August 31,
2013, Manila Bulletin. Speech Delivered before the Philippine Bar Association on August 29, 2013.

• A Focus on Climate Change

o United Nations Framework on Climate Change Convention & its Protocols

o *See Part 1 of Volume 2 of Philippine Law and Ecology, and Chapter 11 of Volume 1 (pp. 536-555) Ø
Role-Playing/Simulation Exercise Ø Resource Person Presentation [TBC]