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 Chemical pollution on land Maritime and atmospheric pollution Despoliation of land by mines and other dangerous objects Threats to water supply

1868 Declaration of St. Petersburg (Russia) 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 prevent damage to the environment

Principle 24 of the UN Declaration on Environment and Development Warfare is inherently destructive of sustainable development 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 damagec.) 1977 Additional Protocol Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol 2) internal armed conflicts

Hague Conventions governing weapons right to choose weapons is not unlimited restricted or banned weapons: exploding munitions poisonous gas chemical and biological weapons blinding lasers land mines 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 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: Obligation not to cause far reaching health and environmental damages Obligation not to use prohibited weapons Vatican State Protected area; avoid destruction; military to take all necessary measures 1954 Convention for the protection of cultural property in the event of Armed Conflict 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 or non existent monitoring facilitiesEmerging 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 areasc. 1971 Ramsar Convention on Wetlandsd. 1972 World Heritage Conventione. UN List of Parks and Protected Areas transboundry parksf. 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 conflict2. further international and national measures to prevent harm to the environment a. catalogue of human activities with hostile purpose injuries to the environmenti. intentional attacksii. manipulation of natural processiii. significant collateral damageb. registry of all protected areas should be completed3. revise and update military procedures to ensure protection of the environment to the fullest possible extent in times of armed conflicta. if damaged can harm human health4. UN establish a system of emergency preparedness to protect the environment 5. Damage, actual or potential, and restorationa. 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 exclusive, specialized and international competence in the field of environment empowered to implement international law guarantee a right of access to individuals to protect their human rights undertake advisory, investigate, conciliatory functions

I. Principle of Universality -> Territorial Sovereignty Environmental regulations depends on the sovereignty of the states and different national legislation No compulsory higher authority 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 Principle of State of Territorial Sovereignty must demand or adapt to new demands New concept of National Sovereignty States constitutional independence and mutual restriction States sovereign over own people < permanent sovereignty over natural resources

II. Priority Issues of ICEa. Individual as subject of international lawb. Place of the human right to the environment in international lawi. International law recognizes the right to the environment as a fundamental right of every personii. 1st identification of the human right to a healthy environment UN Declaration on the Human Environment / Stockholm Declaration 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 Justicea. ICE: not granted direct access to ICJ only statesi. Individualsii. NGO and environmental associationiii. Statesiv. Supranational org. -> EUv. International org. -> UN

b. international organizations are not accountable in law

Mandates: a. evolution of the concept of environmental crimeb. widening liability law for environmental damagec. application of Polluter Pays PrincipleProblem: 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. ICJb. Apellate Body of the WTOc. Tribunal of the Law of the Sea handed down decisions in disputes related to the protection of the environment d. ICJ environment chambere. Permanent Court of Arbitrations Environment Facility

Regional Forums

a. RCHRb. Inter American court of HRc. Court of Justice of the European Community

Multilateral Environmental Agreement (MEA)

propose frequent consultations to allay fear about fragmentation of international lawa. 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 partiesc. Establishment of the Inspection Panel

IMF establish an Independent Evaluation Office