Chapter 5

ENVIRONMENTAL LAW

Objectives

1. Describe the nature of environmental law and appreciate the breadth of environmental law and
what it means to practice environmental law
2. Understand that many environmental laws and concerns are implicated in seemingly routine
actions.
3. Differentiate national law from international law
4. Identify the sources of international law
5. Gain awareness of environmental issues through a identification of different types of Philippine
environmental law and International environmental law

Outline and Lecture Notes

I. THE NATURE OF ENVIRONMENTAL LAW

A. The Meaning of Law and Environmental Law

Environmental Law are the standards that governments establish to manage natural resources and
environmental quality

The field of law dealing with the maintenance and protection of the environment, including
preventive measures such as the requirements of environmental impact statements, as well as
measures to assign liability and provide cleanup for incidents that harm the environment.

B. The Nature of Environmental Law

1. National Law. is law that is adopted by the government of an individual country

2. International Law. concerns or agreements among different nations, or between citizens
or corporations of different nations

II. PHILIPPINE ENVIRONMENTAL LAW

Government regulations intended to protect the environment and aid people from all walks of life
in their pursuit to a balance and healthful ecology. It may come in the form of Presidential
Proclamations, Executive Orders, Republic Acts, DENR administrative orders, circulars, and
memorandums.

A. Presidential Decree (PD) 1586: Philippine Environmental Impact Statement System

(PEIS)

The law that requires that all agencies and instrumentalities of the national government
including government owned and controlled corporations as well as private corporations, firms
and entities must prepare an environmental impact statement for every proposed project and
undertaking which significantly affect the quality of the environment
 B. Republic Act (RA) 8749: Philippine Clean Air Act (PCAA) of 1999

The law that provides a comprehensive air pollution control policy.

C. RA 7586: National Integrated Protected Areas System (NIPAS) Act of 1992

The law that provides a paradigm shift in protected area management from the National
Government Agency through the DENR to the local body known as the Protected Area
Management Board (PAMB)

D. RA 9275: Philippine Clean Water Act of 2004

The law that provides a comprehensive water pollution control policy.

E. Republic Act 6969: Philippine Toxic Substances and Hazardous and Nuclear Waste
Act.

This Act mandates the regulation, restriction, or prohibition of the importation, manufacture,
processing, sale, distribution, use, and disposal of chemical substances and mixtures that
present unreasonable risk and/or injury to health and the environment.

F. RA 9003: Philippine Ecological Solid Waste Management Act (PESWMA) of 2000

The law was passed by Congress in December 2000 and signed by the President of the
Philippines on January 26, 2001 with the aim of adopting a systematic, comprehensive, and
ecological solid waste management program

II. INTERNATIONAL ENVIRONMENTAL LAW

Sometimes called international ecological law. It is a field of international law regulating the
behavior of states and international organizations with respect to the environment.

Sources of International Law

(1) international conventions (treaties) from United Nations Environment Programme (UNEP),
The European Nations, the Organisation for Economic Co-operation and Development (OECD),
and the Council of Europe.

A short list of international treaties pertaining to the environment.

A. Comprehensive Test Ban Treaty: A proposed treaty to prohibit all testing of

nuclear weapons in all environments: underground, underwater, in the
atmosphere and in space. In 1999, the U.S. Senate refused to ratify the treaty.
B. The Kyoto Protocol: An international agreement setting binding limits on
emissions of greenhouse gases from industrialized countries. This agreement was
adopted in Kyoto Japan in December 1997 and supplements the United Nations
Framework Convention on Climate Change adopted in 1992.
 C. Montreal Protocol: International agreement signed by more than 150 countries
to limit the production of substances harmful to the stratospheric ozone layer,
such as CFCs.
D. Non-Proliferation Treaty: A multilateral treaty signed in 1968 which aims to
control the spread of nuclear weapons; extended indefinitely in May 1995. The
treaty has been signed by over 175 nations.
E. United Nations Framework Convention on Climate Change: An international
agreement for dealing with climate change, adopted at the United Nations
Conference on Environment and Development (the "Earth Summit") in Rio in
1992. AKA Climate Change Convention; Climate Treaty. (See also Kyoto
Protocol.)

(2) international custom, as evidence of a general practice accepted as law

(3) the general principles of law recognized by civilized nations
(4) judicial decisions and teachings of the most highly qualified publicists of the various nations.
Article 38 of the Statute of the International Court of Justice.