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    SEC. 4 Strategic Environmental Plan. - A Comprehensive Framework For

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    laurs
    The document discusses several topics related to environmental protection and armed conflict: 1. It outlines key principles and frameworks from ASEAN agreements, UN declarations, and international conventions that seek to reduce harm to the environment from disasters and wartime activities, protect certain areas, and require post-conflict environmental remediation. 2. It describes how armed conflicts endanger the environment through pollution, destruction of land and resources, and use of banned weapons, and examines deficiencies in addressing environmental damage under international law. 3. It considers proposals for new legal instruments and protocols to better protect the environment during armed conflicts, including designating protected natural sites and requiring military procedures to minimize environmental harm.

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    SEC. 4 Strategic Environmental Plan. - A Comprehensive Framework For

    Uploaded by

    laurs
    54 views7 pages
    The document discusses several topics related to environmental protection and armed conflict: 1. It outlines key principles and frameworks from ASEAN agreements, UN declarations, and international conventions that seek to reduce harm to the environment from disasters and wartime activities, protect certain areas, and require post-conflict environmental remediation. 2. It describes how armed conflicts endanger the environment through pollution, destruction of land and resources, and use of banned weapons, and examines deficiencies in addressing environmental damage under international law. 3. It considers proposals for new legal instruments and protocols to better protect the environment during armed conflicts, including designating protected natural sites and requiring military procedures to minimize environmental harm.

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    The document discusses several topics related to environmental protection and armed conflict: 1. It outlines key principles and frameworks from ASEAN agreements, UN declarations, and international conventions that seek to reduce harm to the environment from disasters and wartime activities, protect certain areas, and require post-conflict environmental remediation. 2. It describes how armed conflicts endanger the environment through pollution, destruction of land and resources, and use of banned weapons, and examines deficiencies in addressing environmental damage under international law. 3. It considers proposals for new legal instruments and protocols to better protect the environment during armed conflicts, including designating protected natural sites and requiring military procedures to minimize environmental harm.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views7 pages

    SEC. 4 Strategic Environmental Plan. - A Comprehensive Framework For

    Uploaded by

    laurs
    The document discusses several topics related to environmental protection and armed conflict: 1. It outlines key principles and frameworks from ASEAN agreements, UN declarations, and international conventions that seek to reduce harm to the environment from disasters and wartime activities, protect certain areas, and require post-conflict environmental remediation. 2. It describes how armed conflicts endanger the environment through pollution, destruction of land and resources, and use of banned weapons, and examines deficiencies in addressing environmental damage under international law. 3. It considers proposals for new legal instruments and protocols to better protect the environment during armed conflicts, including designating protected natural sites and requiring military procedures to minimize environmental harm.

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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

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