Midterms Flashcards
About ______ of the ___________ species of the flora and fauna known in the world can also be found in the country.
65%; 50,000
These now include only 6 million hectares of forested areas, with less than a million hectares of primary growth forests remaining.
Forest-based resources
It played a critical role in the increase of environmental problems in the country. The growing need of Filipinos to sustain themselves has taken its toll on the environment. There is water pollution and water scarcity.
Industrialization
This resulted in the conversion of forest lands to residential and industrial areas and demand for transportation services and increase in the member of factories and industrial plants have all contributed to the worsening air pollution.
Human migration
It represents the most serious, most pervasive environmental threat that the world faces.
Climate change
Philippines is left with only ______ forest cover, 2nd lowest forest coverage area in Southeast Asia, next to Singapore which has the lowest forest cover.
24%
____ of the total coastal and marine areas are in poor condition.
40%
It is “the fair treatment of all people, no matter what their race, color, national origin, or income level, in the development, implementation and enforcement of environmental laws, regulation and policies.”
environmental justice
EPA
Environmental Protection Agency
It means that “no group of people, including racial, ethnic, or socioeconomic groups should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of programs and policies.
Fair treatment
__________________ stems from a growing recognition that the Right to the environment is a fundamental human right which ought to be protected.
Environmental justice
It is the “right to a standard of living adequate for health and well-being.” This right carries with it the right to the environment.
Right-based Approach
This defined Rights-based Approach as the “right to a standard of living adequate for health and well-being.”
Universal Declaration of Human Rights (Stockholm Declaration)
It contained 27 principles with a goal of ensuring the protection of the environment and promoting sustainable development. It underlines the obligations of state not to cause harm beyond their jurisdiction, to meet the environmental needs of present and future generations, and to consider environmental protection as an integral part of development. It also mandate states to eradicate poverty and to give special attention to the least development and environmentally countries emphasizing that in the cooperative process, states have common but differentiated responsibilities.
Rio Declaration
It is defined as the goal of achieving adequate protection from the harmful effects of environmental agents for everyone regardless of age, culture, ethnicity, gender, race or socioeconomic status (Feng Liu, 1994).
Environmental justice
She suggests that there are two fundamental principles of environmental justice: distributive and procedural justice.
Menjula Amerisanghe
It refers to the equitable distribution of environmental risks and harms.
Distributive
It focuses on the rights of the stakeholders to participate in decision-making processes concerning the environment and enabling them to access the relevant information.
Procedural
In our Constitution, environmental protection is stated, not in the Bill of Rights under Article III, but in the __________________________________.
Declaration of State Policies under Article II
It is recognized as iron-clad and no less demandable than those specifically enumerated in the Bill of rights.
right to a healthful ecology
This is law adopted by sovereign states to define standards at the international level. It prescribes obligations and regulates behavior in international relations in matters affecting the environment
International Environmental Law
There are several sources of International environmental Law but of the special interest to the Philippine judiciary are ______________________________________ and generally accepted principles of environmental protection.
Multilateral Environment Agreements (MEA’s)
The very first environmental instruments was the _______________________ concerning the use of international instruments in the field of the environment have been adopted.
1921 Geneva Convention
It is considered as the chrysalis (foundation) of modern International Environmental Law. It was the first widely accepted international effort to address environmental issues.
1972 Stockholm Conference on the Human Environment
This conference was a discussion of the clashing demands of the economy and ecology.
1972 Stockholm Conference on the Human Environment
It held that economic development is not necessarily incompatible with environmental protection and that development proceed provided it avoids damaging the environment.
1972 Stockholm Conference on the Human Environment
Several principles in the declaration are the sources of our environmental policies in __________ (Philippine Environment Policy).
PD 1151
It was ratified by the Philippines on May 8, 1984 but came into force on November 16, 1994 upon the submission of the 60th ratification. Of particular importance is Art. 194 which obliges parties to take measures to prevent pollution of the marine environment from any source, including “land-based sources” and “installations and devices used in exploration or exploitation of the natural resources of the seabed and subsoil.”
United Nations Convention on the Law of the Sea (UNCLOS)
MEA
Multilateral Environment Agreements
These international instruments oblige parties to phase substances that deplete the ozone layer such as chlorofluorocarbons (CFC’s) and hydro-chlorofluorocarbons (HCFC’s) which are used in the air-conditioning systems of many of our older cars, offices and houses.
1985 Vienna Convention for the Protection of the Ozone layer and its 1987 Montreal Protocol on Substances that Deplete the Ozone Layer
These were both ratified by the Philippines on July 17, 1991.
1985 Vienna Convention for the Protection of the Ozone layer and its 1987 Montreal Protocol on Substances that Deplete the Ozone Layer
This was ratified by the Philippines on October 23, 1993.
1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
It declares illegal the transboundary shipment and disposal of hazardous wastes, such as your spent cellphone batteries and old computer units, except for recycling.
1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
This was ratified by the Philippines on October 8, 1993.
1992 Conventional on Biological Diversity
This was ratified by the Philippines only on January 2, 1994.
1979 Bonn Convention on the Conservation of Migratory Species of Wild Animals
This is a framework convention under which parties may enter into agreements and memoranda of understanding for the conservation of certain species. It is significant that the Philippines is a signatory to the Memoranda of Understanding (MOU) on the conservation of marine turtles, dugongs and sharks. However, it is not a signatory to MOU on Pacific Island cetaceans.
Bonn Convention
This was ratified by the Philippines on July 31, 2006.
1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
This convention requires exporters trading in specific harmful chemicals such as ASBESTOS and ENDUSULFAN to provide information on their potential health and environmental effects so that the importing country can decide on trade measures affecting such chemicals.
1998 Rotterdam Convention
This was ratified by the Philippines on February 27, 2004.
2001 Stockholm Convention on Persistent Organic Pollutants
It binds parties to immediately ban the production and use of certain pesticides such as ALDRIN and to eventually phase out other pesticides such as DDT (dichloro-diphenyl-trichloroethane) as these can adversely affect human health and the environment around the world. These dangerous substances are transportable by wind and water.
2001 Stockholm Convention on Persistent Organic Pollutants
It is a non-binding UN climate conference which ended on December 19, 2009. A deal short on concrete steps against global warming but signaling a new start for rich-poor cooperation on climate change.
Copenhagen Accord
It is the body of laws which contains elements to control human impact on the earth (as defined in Black’s Law Dictionary).
Environmental Law
It covers all laws that relate to preservation, protection, conservation, exploitation, utilization, development and management of the environment and its natural resources.
Environmental law
It bears the framework of the Philippine Environmental Policy.
1987 Constitution
It lays down the foundation for the environmental provisions.
Preamble
Our fundamental right to a healthy environment is embodied in ___________ which states “the state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
Article II
This provision is self-executing in nature and deemed as the source of the citizen’s basic environmental rights. It is not only a policy but a demandable legal right. The duty of the state to protect and promote the health of citizens is also an adjunct to the right of the Filipinos to a healthy environment.
Article II, 1987 Constitution
It cemented the Philippine’s commitment to strike a delicate balance between the demands of economics and the needs of the environment.
1987 Constitution
The State shall protect and promote the right to health of the people and instill health consciousness among them.
Section 15, Article II
Most of the provisions of ____________ also highlight the State’s primary objective of protecting the environmental resources of the country.
Article XII
___________________ all seek to protect the country’s land from abuse and exploitation and ensure that the development of the country’s natural resources will benefit the Filipino people.
Section 2, 3, 4 and 5
It enjoins the State to protect our endangered forest and watershed areas.
Section 4, Article XII
It calls upon the State to protect, develop and conserve communal marine and fishing resources.
Section 7, Article XIII
It cautioned the State to make “full and efficient use of human and natural resources.”
Section 1, Article XII
It emphasizes the duty of the government to undertake the just distribution of all agricultural lands, taking into account ecological, developmental and other equity considerations.
Section 4, Article XIII
These refer to the protection and preservation of forest and biodiversity.
Terrestrial laws
