JD 217 - Updated NREL Reviewer For Midterms M5 PDF
JD 217 - Updated NREL Reviewer For Midterms M5 PDF
JD 217 - Updated NREL Reviewer For Midterms M5 PDF
Definition of environment:
1: the circumstances, objects, or conditions by which one is
surrounded
2 a: the complex of physical, chemical, and biotic factors (such as
climate, soil, and living things) that act upon an organism or an
ecological community and ultimately determine its form and
survival
b: the aggregate of social and cultural conditions that influence
the life of an individual or community
The first question you’re probably asking is what the hell is Leonardo
DiCaprio doing making a documentary about climate change? That
question is addressed at the very beginning of the film, as DiCaprio is
appointed U.N. Messenger of Peace and then, through voiceover,
wonders if he’s the right man for the job given his lack of science
background and pessimistic worldview. This smashes right into a
collection of clips from news reports (most from Fox News) lambasting
DiCaprio’s involvement in the U.N. and climate change advocacy.
Indeed, Before the Floodknows it’s more than a little ridiculous that an
award-winning actor is the one leading this climate change
documentary, but it also proves that DiCaprio’s heart is in the right
place.
Before the Flood covers most all of the bases. The influence of
corporate money into politics is touched on, and DiCaprio travels the
globe to see how other countries like China and India are handling
climate change, and getting a first-hand account of the effects of
climate change on communities that could very well be a preview of
much worse things to come. We see first-hand how Greenland’s
melting ice is causing a change in color of its terrain, which in turn no
longer reflects the sun but absorbs it, becoming a heat creator instead
of reflector. And we see how Miami Beach, Florida is having to literally
raise the elevation of its roads to combat rising ocean waters.
But Before the Flood isn’t simply interested in showing how terrible
everything is. It also does a fantastic job of highlighting solutions, both
short-term and long-term. When asked if a president who doesn’t
believe in climate change could undo the policies he’s already put in
place, President Obama says the truth has a way of catching up with
you. Indeed, the film points out that public opinion tends to sway
political opinion, using gay marriage as an example—Obama was
against it when it wasn’t popular, then for it when the majority of the
country approved. Thus, the future is in the hands of the people.
The film even highlights specific changes citizens can make that are as
simple as changing one’s diet. The methane produced from the cattle
industry is a massive polluter, but if citizens simply excised eating beef
from their diet, a significant portion of that pollution would be quelled.
Climate change is real, and it’s scary. Our first line of defense is an
informed public. And while a feature film couldn’t possibly encapsulate
everything there is to know on the subject, Before the Flood serves as a
not-insignificant piece of education that will hopefully spur people to
enact their own further research. And maybe, just maybe, it’ll incite
some action. 1
1
https://goo.gl/VLWX9y
2
https://goo.gl/adQF8Z
Notes
compiled
by:
Dann
Marr
P.
Andrino,
JD2
(M5)
JD
217
–
Natural
Resources
and
Environmental
Law
1st
Semester,
SY
2017-‐2018
In general the more mitigation there is, the less will be the
impacts to which we will have to adjust, and the less the risks for
which we will have to try and prepare. Conversely, the greater the
degree of preparatory adaptation, the less may be the impacts
associated with any given degree of climate change. For people
today, already feeling the impacts of past inaction in reducing
greenhouse gas emissions, adaptation is not altogether passive,
rather it is an active adjustment in response to new stimuli.
However, our present age has proactive options (mitigation), and
must also plan to live with the consequences (adaptation) of global
warming.
PSF ensures that funds go to the right places and meet real
needs by devising a mechanism for these financial resources to
be transferred to and accessed by its target recipients: the local
government units and accredited local/community
organizations.
The PSF Board has set the criteria for selecting recipients who
submit proposals to fund their adaptation projects and
programs. Local government units with high poverty incidence,
are exposed to climate risks, and has a key biodiversity area
will be prioritized. On the other hand, local/community
organizations will be eligible to access the fund upon
accreditation based on organizational independence, track
record in the community and/or field of expertise, financial
management and participatory practices.
The Act shifted the policy environment and the way the
country deals with disasters from mere response to
preparedness. RA 10121 provides a comprehensive, all-hazard,
multi-sectoral, inter-agency, and community-based approach to
disaster risk management through the formulation of the
National Disaster Risk Management Framework.
3
https://goo.gl/mdoJwM
Notes
compiled
by:
Dann
Marr
P.
Andrino,
JD2
(M5)
JD
217
–
Natural
Resources
and
Environmental
Law
1st
Semester,
SY
2017-‐2018
2100;
ü Decarbonization of the energy supply sector (i.e.,
reducing the carbon intensity) requires upscaling of low-
and zero-carbon electricity generation technologies;
ü Behaviour, lifestyle and culture have a considerable
influence on energy use and associated emissions, with
high mitigation potential in some sectors, in particular
when complementing technological and structural
change;
ü The most cost-effective mitigation options in forestry are
afforestation, sustainable forest management and
reducing deforestation, with large differences in their
relative importance across regions. In agriculture, the
most cost-effective mitigation options are cropland
management, grazing land management and restoration
of organic soils;
ü Bioenergy can play a critical role for mitigation, but
there are issues to consider, such as the sustainability of
practices and the efficiency of bioenergy systems;
ü Mitigation measures intersect with other societal goals,
creating the possibility of co-‐‑benefits or adverse side-‐‑
effects. These intersections, if well-‐‑managed, can
strengthen the basis for undertaking climate mitigation
actions.
C. Natural Resources
a. Importance: Natural Resources are any material thing of economic
value, which man did not bring into existence. The natural
resources of the State are: (1) All lands of the public domain, [2]
waters, [3]minerals, [4]coal, [5]petroleum, [6]other mineral oils,
[7]all forces of potential energy, [8]fisheries, [9]forests or timber,
[10]wildlife, [11]flora and fauna, [12]other natural resources
d. Jurisprudence
A. 1987 Constitution
a. Substantive topics – Right to a Healthy Environment
[Articles II (Sections 15 and 16)]; Regalian Doctrine [Article
XII (Section 2)]; International Environmental Commitments
[Article II (Sections 2 and 7), Article VII (Section 21), Article
VIII (Section 5)]
Jurisprudence
FACTS
FACTS
Sec. 3(c) of R.A. No. 7924 (the law creating MMDA) states that
the MMDA is mandated to put up an adequate and appropriate
sanitary landfill and solid waste and liquid disposal as well as
other alternative garbage disposal systems. SC also noted that
MMDA’s duty in the area of solid waste disposal is set forth not
only in the Environment Code (PD 1152) and RA 9003, but also
Jurisprudence
ISSUES:
ü Whether or not E.O. 464 contravenes the Congress’ power
of inquiry;
ü Whether or not E.O. 464 violates the right of the people to
information on matters of public concern;
ü Whether or not respondents have committed grave abuse
of discretion when they implemented E.O. 464 prior to its
publication in a newspaper of general circulation
RULING
Issues:
a. Do the therein petitioners have standing to bring this
action for mandamus in their capacity as citizens of the
Republic, as taxpayers, and as members of the
Congress
In its Decision, the Court noted that the full text of the
JPEPA has been made accessible to the public since 11
September 2006, and thus the demand to be furnished with
copy of the said document has become moot and academic.
Notwithstanding this, however, the Court lengthily
discussed the substatives issues, insofar as they impinge on
petitioners' demand for access to the Philippine and
Japanese offers in the course of the negotiations.
Decision: The Court began by noting that both the 1973 (Art. IV,
Sec. 6) and 1987 (Art. III, Sec. 7) constitutions recognize the
Under the conditions, the Court found that the respondent has
not committed any abuse of authority
The Supreme Court has declared that trade secrets and banking
transactions are among the recognized restrictions to the right of
the people to information as embodied in the
Constitution. SC said that the drafters of the Constitution also
unequivocally affirmed that, aside from national security matters
and intelligence information, trade or industrial secrets (pursuant
to the Intellectual Property Code and other related laws) as well
as banking transactions (pursuant to the Secrecy of Bank
Deposits Act), are also exempted from compulsory disclosure.
What is clear from the factual findings of the RTC and the Court of
Appeals is that the chemical formulation of respondent’s products is
not known to the general public and is unique only to it. Both courts
uniformly ruled that these ingredients are not within the knowledge
of the public. Since such factual findings are generally not
reviewable by this Court, it is not duty-bound to analyze and weigh
B. International Treaties
C. National Legislation
D. Administrative Rules and Regulations
3) IEL has emerged in the form of a very large number of international conventions
(multilateral, regional and bilateral) since mid-20th century.
4) Non-traditional sources (“soft law”) have also been a particularly common element of
evolving IEL, and can include:
a. Non-binding acts of international organizations (e.g. UN GA Resolution)
b. Non-binding declarations and o6ther texts (e.g. Stockholm Declarations, 1992 Rio
Declaration and Bali Accord)
5) Soft law measures often provide a pathway for the development of traditional measures, in
particular MEAs or Protocols thereto.
6) They may also provide inspiration for the incorporation of IEL concepts and principles in
national legislation prior to their adoption in traditional, binding international agreements
(see e.g. the recognition of the precautionary principle in national legislation or by domestic
courts ultimately as international custom.
States have, in accordance with the Charter of the United Nations and the principles of international
law, the sovereign right to exploit their own resources pursuant to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other States or of areas beyond the
limits of national jurisdiction.
States have, in accordance with the Charter of United Nations and the principles of international
law, the sovereign right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas beyond the limits of
national jurisdiction.
Precautionary Principle
1) Principle 15, Rio Declaration:
“In order to protect the environment, the precautionary approach shall be widely applied by
States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.”
a. Narrow interpretation (to ensure scientific uncertainty is not used to postpone
measure to protect environment)
b. Broad interpretation (to require those proposing a potentially environmentally
damaging activity to prove that there will be no serious environmental harm – i.e., a
preventive approach)
Southern Bluefin Tuna (New Zealand vs. Japan; Australia vs. Japan)
1) The ITLOS immediately applied the provisional measure and ordered Japan to refrain from
conducting the Experimental Fishing Programme (EFP).
2) In fact, the ITLOS applied the precautionary approach to fishing although it did not
expressly state so.
3) Principle applied – Precautionary Principle
Case Concerning Pulp Mills on the River of Uruguay (Argentina vs. Uruguay)
1) This case highlights the importance of the need to ensure environmental protection of shared
natural resources while allowing for sustainable economic development.
2) The dispute arose from the authorization by Uruguay of the CMB pulp mill and the actual
construction of the Botnia pulp mill and its associated facilities on the banks of the River
Uruguay, which constitutes an international boundary between the two sovereign States of
Argentina and Uruguay.
3) ICJ explicitly recognized Environmental Impact Assessment (EIA) as a practice that has
attained customary international law status.
The right to development must be fulfilled so as to equitably meet development and environmental
needs of present and future generations.
Intra-generational equity is concerned with equity between people of the same generation. This is
separate from inter-generational equity, which is about equity between present and future
generations.
States should ensure that those polluters or users of natural resources bears the full environmental
costs of their activities.
Widely recognized in soft law agreements, e.g. Rio Declaration, Principle 16: National authorities
should endeavor to promote the internalization of environmental costs and the use of economic
instruments, taking into account the approach that the polluter should, in principle, bear the cost of
pollution, with due regard to the public interest and without distorting international trade and
investment.
Relevance of core concepts and principles to national environmental law – some questions to
consider:
a) To what extent has the core concept of sustainable development been embedded in national
environmental law?
b) Is the concept of sustainable development, in its promotion of a balancing of economic, social
and environmental considerations, capable of ensuring that humanity lives within the
planet’s ecological limits?
c) Can some of the key principles of international environmental law provide guidance for
development of, or be reflected in, national environmental legislation?
Whilst some countries regard international treaties, once ratifies, as “self-executing” (e.g., U.S.A.),
many require legislation to be adopted in order for the obligations arising from treaties to be
translated in to national law.
In both contexts, there can be significant delays between signing and ratification of MEAs.
EIA Requirement
Section 4. All agencies and instrumentalities of the national government, including government-
owned or controlled corporations, as well as private corporations firms and entities shall prepare, file
and include in every action, project or undertaking which significantly affects the quality of the
environment, environmental impact statements (EIS).
Section 3 - All Environmental Impact Statements shall be submitted to the National Environmental
Protection Council for review and evaluation.
Section 4 - Presidential Proclamation of Environmentally Critical Areas and Projects. –
-‐ The President of the Philippines may, on his own initiative or upon recommendation of the
National Environmental Protection Council, by proclamation declare certain projects,
undertakings or areas in the country as environmentally critical. No person, partnership or
corporation shall undertake or operate any such declared environmentally critical project or
area without first securing an Environmental Compliance Certificate issued by the President
or his duly authorized representative
Section 6 - The National Environmental Protection Council is hereby authorized to constitute the
necessary secretariat which will administer the Environmental Impact Statement System
and undertake the processing and evaluation of environmental impact statements.
Proclamation 2146
Proclaiming Certain Areas And Types Of Projects As Environmentally Critical And
W ithin The Scope Of The Environmental Impact Statement System Established
Under Presidential Decree No. 1586
A. Environmentally Critical Projects
I. Heavy Industries
1. Non-ferrous metal industries
2. Iron and steel mills
3. Petroleum and petro-chemical industries including oil and gas
4. Smelting plants
But these arguments presuppose that a project, for which an ECC is necessary, is ECP or within an
ECA. City of Davao have sufficiently shown that the project will not have a significant negative
environmental impact because it is not an ECP or located in an ECA.