1.

BASEL CONVENTION
OVERVIEW:
adopted in 1989 and it came into force in 1992
most comprehensive global environmental agreement on hazardous wastes and other wastes
has nearly universal membership (181 Parties, 18 July 2014)
OBJECTIVES:
aims to protect human health and the environment against the adverse effects resulting from the
generation, transboundary movements and management of hazardous wastes and other wastes
regulate the transboundary movements of hazardous wastes and other wastes
obliges its Parties to ensure that such wastes are managed and disposed of in an environmentally
sound manner

States should take necessary measures to ensure that the management of hazardous wastes and
other wastes including their transboundary movement and disposal is consistent with the protection of
human health and the environment whatever the place of disposal.
Any State has the sovereign right to ban the entry or disposal of foreign hazardous wastes and other
wastes in its territory.
States are responsible for the fulfillment of their international obligations concerning the protection of
human health and protection and preservation of the environment, and are liable in accordance with
international law.

IMPORTANT TERMINOLOGIES:
Wastes - substances or objects which are disposed of or are intended to be disposed of or are
required to be disposed of by the provisions of national law;
Transboundary movement - any movement of hazardous wastes or other wastes from an area under
the national jurisdiction of one State to or through an area under the national jurisdiction of another
State or to or through an area not under the national jurisdiction of any State, provided at least two
States are involved in the movement;
Environmentally sound management of hazardous wastes or other wastes 9 taking all practicable
steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect
human health and the environment against the adverse effects which may result from such wastes;
State of export - Party from which a transboundary movement of hazardous wastes or other wastes is
planned to be initiated or is initiated;
State of import - Party to which a transboundary movement of hazardous wastes or other wastes is
planned or takes place for the purpose of disposal therein or for the purpose of loading prior to disposal
in an area not under the national jurisdiction of any State;
State of transit - any State, other than the State of export or import, through which a movement of
hazardous wastes or other wastes is planned or takes place;
Damage (i) Loss of life or personal injury;
(ii) Loss of or damage to property other than property held by the person liable in accordance with
the present Protocol;
(iii) Loss of income directly deriving from an economic interest in any use of the environment, incurred
as a result of impairment of the environment, taking into account savings and costs;
(iv) The costs of measures of reinstatement of the impaired environment, limited to the costs of
measures actually taken or to be undertaken; and
(v) The costs of preventive measures, including any loss or damage caused by such measures, to
the extent that the damage arises out of or results from hazardous properties of the wastes
involved in the transboundary movement and disposal of hazardous wastes and other wastes
subject to the Convention
GENERAL STATE OBLIGATIONS:
Ensure that persons involved in the management of hazardous wastes or other wastes within it take
such steps as are necessary to prevent pollution due to hazardous wastes and other wastes arising
from such management and, if such pollution occurs, to minimize the consequences thereof for human
health and the environment;
Ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the
minimum consistent with the environmentally sound and efficient management of such wastes, and is
conducted in a manner which will protect human health and the environment against the adverse
effects which may result from such movement;
WHEN HAZARDOUS WASTES ARE DEEMED ILLEGAL TRAFFIC:
without notification pursuant to the provisions of this Convention to all States concerned; or

without the consent pursuant to the provisions of this Convention of a State concerned; or
with consent obtained from States concerned through falsification, misrepresentation or fraud; or
that does not conform in a material way with the documents;
that results in deliberate disposal (e.g. dumping) of hazardous wastes or other wastes in contravention
of this Convention and of general principles of international law.

SETTLEMENT OF DISPUTES:
If the State Parties concerned cannot settle their dispute through peaceful negotiations, the dispute, if the
Parties to the dispute agree, shall be submitted to the International Court of Justice or to arbitration under the
conditions set out in Annex VI on Arbitration.
However, failure to reach common agreement on submission of the dispute to the International Court of Justice
or to arbitration shall not absolve the Parties from the responsibility of continuing to seek to resolve it.
2. CONVENTION ON BIOLOGICAL DIVERSITY
OVERVIEW:
June 5, 1992 at Rio de Janeiro, Brazil
OBJECTIVES:
Conservation of biological diversity
Sustainable use of its components (components include different species)
Fair and equitable sharing of the benefits arising from the utilization of genetic resources
DEFINITION OF TERMS:
Biological diversity- variability among living organisms from all sources including terrestrial, marine and
aquatic ecosystems
Genetic Resources- genetic material (has hereditary traits) that have actual or potential value
In situ conservation- genetic resources are in their natural habitat
Ex situ conservation- conservation of the components of biodiversity outside their natural habitat
Country of origin of genetic resources-country which possesses in situ genetic resources
Country providing genetic resources- those supplying genetic resources whether in situ or ex situ
PRINCIPLE:
*The sovereign right to exploit their biological diversity lies on the State having jurisdiction over such according
to their environmental laws, so is the responsibility to avoid damage to other states or areas beyond its
jurisdiction.
ARTICLES 5 TO 21 (DUTIES AND RESPONSIBILITIES OF CONTRACTING PARTIES)
Art 5. Cooperate through competent international organizations in respect of areas outside natl
jurisdiction.
Art 6. Develop natl strategies for conservation, sustainable use of biodiversity and integrate such to
relevant sectors of the country.
Art 7. Identify components, processes and categories of activities under the biological diversity which
are significant to its conservation and maintain it.
Art. 8. Establish a system to develop, regulate, promote in sityu resources and its protected areas and
rehabilitate degraded ecosystems.
Art. 9. Adopt measures and establish facilities for ex situ resources conservation and regulation of
harvest from in situ to ex situ conservation.
Art 10. Adopt a sustainable use of biological diversity through integration of such measures to national
decision making by pursuing or encouraging traditional cultural practices of use to minimize adverse
impacts to environment in partnership to the private sectors.
Art 11. Adopt economically and socially sound measures as incentives to achieve the goal of
conservation.
Art 12. Promote and establish programs for research and training contributing to the conservation of
biodiversity with greater emphasis for the sake of developing countries.
Art 13. Promote awareness and understanding of biodiversitys importance in schools and
communities.
Art 14. Contracting parties must introduce appropriate measure requiring assessment of projects within
its jurisdiction which impact biodiversity. Notification of foreseen damages that may affect other states
biodiversity must be done so is a system of redress, restoration, and compensation by liable states.
Art 15. Access to genetic resources rest on the govt of the country having jurisdiction. Mutually agreed
terms between countries of origin and others shall subject to the rules of the convention.

Art 16. Access to biotechnology for conservation and sustainable use of biodiversity shall be provided
under fair and most favorable terms to developing countries.
Art. 17. There shall be sufficient exchanges of information between contracting parties to conserve and
sustain biodiversity taking into account the special needs of the developing countries.
Art. 18. Promote technical and scientific cooperation through human resources development, institution
building for enrichment national capabilities.
Art 19.Contracting parties must take legislative administrative and policy measures for handling
biotechnology and distribution of its benefits.
Art 20. Developed countries shall provide new and additional financial resources to enable the
developing countries to meet the measure s by this convention. Financial measures must take into
account the special condition arising from location and distribution of biodiversity within developing
countries.
Art 21. Financial mechanisms shall include voluntary contribution by developed states and
strengthening of financial institutions with interest to biodiversity conservation.

RELATIONSHIP WITH OTHER INTERNATIONAL CONVENTION (ART. 22)

*this convention shall not affect the existing agreement of contacting states with other conventions except
when it causes serious damage to biological diversity.
PROCEDURAL ASPECTS:
Conference of the parties shall be once a year by the Executive Director of the United Nations
Environmental Program.;
SETTLEMENT OF DISPUTES:
Negotiation;
Request mediation by third party
Arbitration by the depositary (secretary general)
Submission to the International Court of Justice.
Conciliation (commission composed of 5 members voting a resolution of the case)
3. CONVENTION ON THE INTERNATIONAL TRADE OF ENDANGERED SPECIES
OBJECTIVE/S:
regulate worldwide commercial trade in wild animal and plant species
ensure that international trade in specimens of wild animals and plants does not threaten their survival
DEFINITIONS: (Art I)
Species - any species, subspecies, or geographically separate population thereof
Specimen - any animal or plant, whether alive or dead
Trade - export, re-export, import and introduction from the sea
Re-export - export of any specimen that has previously been imported
Introduction from the sea - transportation into a State of specimens of any species which were taken in the
marine environment not under the jurisdiction of any State
Scientific Authority - a national scientific authority (designated in accordance with Article IX)
Management Authority - a national management authority (designated in accordance with Article IX)
Party - a State for which the present Convention has entered into force
FUNDAMENTAL PRINCIPLES: (Art II)
trade in specimens of species included in the appendices must be in accordance with the provisions of the
convention
REGULATION OF TRADE IN SPECIMENS OF SPECIES: (Art III-V)
export of species in require an export permit
o requisites for export permit: (Appendix I)
1. Scientific Authority of the State of export has advised that such will not be detrimental to the survival
of that species
2. Management Authority of the State of export is satisfied that the specimen was not obtained in
contravention of the laws of that State
3. Management Authority of the State of export is satisfied that any living specimen will be so prepared
and shipped as to minimize the risk of injury, damage to health or cruel treatment
4. Management Authority of the State of export is satisfied that an import permit has been granted for
the specimen
o requisites for export permit: (Appendix II)
same as requisites 1-3 of Appendix I

requisites for export permit: (Appendix III)

same as requisites 2-3 of Appendix I
import of species in Appendix I require an import permit and either an export permit or a re-export
certificate (Appendix I-II)
import species require a certificate of origin and, where the import is from a State which has included that
species in Appendix III, an export permit (Appendix III)
o requisites for import permit:
1. Scientific Authority of the State of import has advised that the import will be for purposes which are
not detrimental to the survival of the species involved
2. Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is
suitably equipped to house and care for it
3. Management Authority of the State of import is satisfied that the specimen is not to be used for
primarily commercial purposes
re-export of species require a re-export certificate
o requisites for re-export certificate: (Appendix I)
1. Management Authority of the State of re-export is satisfied that the specimen was imported into that
State in accordance with the provisions of the present Convention
2. Management Authority of the State of re-export is satisfied that any living specimen will be so
prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment
3. Management Authority of the State of re-export is satisfied that an import permit has been granted for
any living specimen
o requisites for re-export certificate: (Appendix II)
Same as requisites 1-2 of Appendix I
o requisites for re-export certificate: (Appendix III)
certificate granted by the Management Authority of the State of re-export that the specimen was
processed in that State or is being re-exported shall be accepted by the State of import as evidence
that the provisions of the present Convention have been complied with in respect of the specimen
concerned
introduction from the sea of species require a certificate from a Management Authority of the State of
introduction.
o requisites for certificate: (Appendix I)
1. Scientific Authority of the State of introduction advises that the introduction will not be detrimental to
the survival of the species involved
2. Management Authority of the State of introduction is satisfied that the proposed recipient of a living
specimen is suitably equipped to house and care for it
3. Management Authority of the State of introduction is satisfied that the specimen is not to be used for
primarily commercial purposes
o requisites for certificate: (Appendix II)
1. same as requisite 1 of Appendix I
2. Management Authority of the State of introduction is satisfied that any living specimen will be so
handled as to minimize the risk of injury, damage to health or cruel treatment
o

PERMITS AND CERTIFICATES: (Art VI)

export permit may only be used within a period of 6 months from the date on which it was granted
there must be separate permit or certificate for each consignment of specimens
MEASURES TO BE TAKEN BY PARTIES IN ENFORCING THE PROVISIONS OR PROHIBIT TRADE IN
VIOLATION THEREOF (Art VIII)
to penalize trade in, or possession of, such specimens, or both
to provide for the confiscation or return to the State of export of such specimens
when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a
result of the confiscation
as far as possible, ensure that specimens shall pass through any formalities required for trade with a
minimum of delay.
in case of confiscation:
o specimen be entrusted to a Management Authority of the State of confiscation
o Management Authority return the specimen to that State at the expense of that State, or to a rescue
centre or such other place as the Management Authority deems appropriate and consistent with the
purposes of the present Convention
4. CONVENTION ON MIGRATORY SPECIES OF WILD ANIMALS (BONN CONVENTION)
OVERVIEW:
Done at Bonn on 23 June 1979

OBJECTIVE:
conservation and effective management of migratory species of wild animals
DEFINITIONS:
a. Migratory species - entire population or any geographically separate part of the population of any
species or lower taxon of wild animals, a significant proportion of whose members cyclically and
predictably cross one or more national jurisdictional boundaries;
b. Conservation status of a migratory species - sum of the influences acting on the migratory species that
may affect its long-term distribution and abundance;
c. Conservation status - taken as "favorable" when:
(1) population dynamics data indicate that the migratory species is maintaining itself on a long-term
basis as a viable component of its ecosystems;
(2) the range of the migratory species is neither currently being reduced, nor is likely to be reduced,
on a long-term basis;
(3) there is, and will be in the foreseeable future sufficient habitat to maintain the population of the
migratory species on a long-term basis; and
(4) the distribution and abundance of the migratory species approach historic coverage and levels to
the extent that potentially suitable ecosystems exist and to the extent consistent with wise wildlife
management;
d. Conservation status - taken as "unfavorable" if any of the conditions set out in sub-paragraph (c) of this
paragraph is not met;
e. Endangered - in relation to a particular migratory species means that the migratory species is in danger
of extinction throughout all or a significant portion of its range;
f. Range - all the areas of land or water that a migratory species inhabits, stays in temporarily, crosses or
overflies at any time on its normal migration route;
g. Habitat - any area in the range of a migratory species which contains suitable living conditions for that
species;
h. Range State - in relation to a particular migratory species means any State (and where appropriate any
other Party referred to under subparagraph (k) of this paragraph) that exercises jurisdiction over any
part of the range of that migratory species, or a State, flag vessels of which are engaged outside
national jurisdictional limits in taking that migratory species;
i. Taking - taking, hunting, fishing capturing, harassing, deliberate killing, or attempting to engage in any
such conduct;
j. AGREEMENT - international agreement relating to the conservation of one or more migratory species
as provided for in Articles IV and V of this Convention; and
k. Party - State or any regional economic integration organization constituted by sovereign States which
has competence in respect of the negotiation, conclusion and application of international Agreements in
matters covered by this Convention for which this Convention is in force.
FUNDAMENTAL PRINCIPLES:
The Parties acknowledge the importance of migratory species being conserved
The Parties acknowledge the need to take action to avoid any migratory species becoming endangered
In particular, the Parties:
o should promote, co-operate in and support research relating to migratory species;
o shall endeavor to provide immediate protection for migratory species included in Appendix I
o shall endeavor to conclude Agreements covering the conservation and management of migratory
species included in Appendix II
SETTLEMENT OF DISPUTES:
dispute between two or more Parties with respect to the interpretation or application of the provisions of
this Convention shall be subject to negotiation between the Parties involved in the dispute
If the dispute cannot be resolved through negotiation, the Parties may, by mutual consent, submit the
dispute to arbitration, in particular that of the Permanent Court of Arbitration, and the Parties submitting
the dispute shall be bound by the arbitral decision.

5. ASEAN AGREEMENT ON THE CONSERVATION OF NATURE AND NATURAL RESOURCES (1985)

OVERVIEW:
09-Jul-1985, Kuala Lumpur, Malaysia
OBJECTIVES:
to promote joint and individual State action for the conservation and management of the natural
resources of the ASEAN Region

preserve genetic diversity by ensuring the conservation and preservation of all species in their
jurisdiction especially by protecting endangered species and conserving endemic species

CONSERVATION OF SPECIES AND ECOSYSTEMS

SPECIES - GENETIC DIVERSITY
maintain maximum genetic diversity by taking action aimed at ensuring the survival and promoting the
conservation of all species under their jurisdiction and control
adopt appropriate measures to conserve animal and plant species whether terrestrial, marine and
freshwater, and more specifically:
o (a) conserve natural, terrestrial, freshwater and coastal or marine habitats;
o (b) ensure sustainable use of harvested species;
o (c) protect endangered species;
o (d) conserve endemic species; and
o (e) take all measures in their power to prevent the extinction of any species or sub-species
in order to fulfill the aims of the preceding paragraphs of this Article the Contracting Parties shall in
particular endeavor to
o (a) create and maintain protected areas;
o (b) regulate the taking of species and prohibit unselective taking methods;
o (c) regulate and, where necessary, prohibit the introduction of exotic species;
o (d) promote and establish gene banks and other documented collections of animal and plant
genetic resources
SPECIES - SUSTAINABLE USE
pay special attention to harvested species, and, to that effect, shall endeavor to develop, adopt and
implement management plans for those species, based on scientific studies and aiming at
preventing decrease in the size of any harvested population to levels below those which ensure its
stable recruitment and the stable recruitment of those species which are dependent upon, or related to
them;
maintaining the ecological relationship between harvested, dependent and related populations of living
resources of the ecosystem considered
restoring depleted populations to at least the levels referred to in sub-paragraph (a) of this paragraph;
preventing changes or minimizing risk of changes in the ecosystem considered which are not reversible
over a reasonable period of time.
SPECIES - ENDANGERED AND ENDEMIC
apply the measures to species endangered at national level:
prohibit the taking of these species, except for exceptional circumstances by special allowance from the
designated authorities f the Contracting Parties;
regulate the trade in and possession of specimens and products of those species accordingly;
especially protect habitat of those species by ensuring that sufficient portions are included in protected
areas;
take all other necessary measures to improve their, conservation status, and restore their populations
to the highest possible level.
VEGETATION COVER AND FOREST RESOURCES
take all necessary measures to ensure the conservation of the vegetation cover and in particular of the
forest cover on lands under their jurisdiction.
- control clearance of vegetation; - prevent bush and forest fires; - prevent overgrazing by, inter alia,
limiting grazing activities to periods and intensities that will not prevent regeneration of the vegetation;
regulate mining and mineral exploration operations with a view to minimizing disturbance of vegetation
and to requiring the rehabilitation of vegetation after such operations;
set aside areas as forest reserves, inter alia, with a view to conserve the natural forest genetic
resources;
in reforestation and afforestation planning avoid as far as possible monoculture causing ecological
imbalance;
designate areas whose primary function shall be the maintenance of soil quality in the catchment
considered and the regulation of the quantity and quality of the water delivered from it;
ensure to the maximum extent possible the conservation of their natural forests, particularly mangroves
with a view, inter alia, to maintaining maximum forest species diversity;
develop their forestry management plans on the basis of ecological principles with a view to,
maintaining potential for optimum sustained yield and avoiding depletion of the resource capital.
SOIL

take measures, wherever possible towards soil conservation, improvement and rehabilitation; in
particular, endeavor to take steps to prevent soil erosion and other forms of degradation, and promote
measures which safeguard the processes of organic decomposition. and thereby its continuing fertility

WATER
take all appropriate measures towards the conservation of their underground and surface water
resources
undertake and promote the necessary hydrological research especially with a view to ascertaining the
characteristics of each watershed;
regulate and control water utilization with a view to achieving sufficient and continuous supply of water
for, inter alia, the maintenance of natural life supporting systems and aquatic fauna and flora:
when planning and carrying out water resource development projects take fully into account possible
effects of the projects on natural processes or on other renewable natural resources and prevent or
minimize such effects
AIR

endeavor to take all appropriate measures towards air quality management compatible with sustainable
development

SETTLEMENT OF DISPUTES
Any dispute between the Contracting Parties arising out of the interpretation of implementation of this
Agreement shall be settled amicably by consultation or negotiation.
6. CONVENTION FOR PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE (1972)
OVERVIEW:
successful global instrument for the protection of cultural and natural heritage
adopted by UNESCO General Conference at its 17th session in Paris on 16 November 1972
came into force in 1975
OBJECTIVES:
aims to promote cooperation among nations to protect heritage around the world that is of such
outstanding universal value that its conservation is important for current and future generations
ROLE AND RESPONSIBILITY OF PARTICIPATING NATIONS
agree to identify, protect, conserve, and present World Heritage properties
recognize that the identification and safeguarding of heritage located in their territory is primarily their
responsibility
agree to do all they can with their own resources to protect their World Heritage properties.
agree, amongst other things, as far as possible to:
o 'adopt a general policy that aims to give the cultural and natural heritage a function in the life of the
community and to integrate the protection of that heritage into comprehensive planning programs'
o undertake 'appropriate legal, scientific, technical, administrative and financial measures necessary
for the identification, protection, conservation, presentation and rehabilitation of this heritage'
o refrain from 'any deliberate measures which might damage, directly or indirectly, the cultural and
natural heritage' of other Parties to the Convention, and to help other Parties in the identification
and protection of their properties
THE WORLD HERITAGE LIST
These properties are part of the cultural and natural heritage of States that are Parties to the
Convention.
o only site ever removed from the list was the Arabian Oryx Sanctuary (Oman) which was delisted
in July 2007
The World Heritage Committee prepares and publishes a List of World Heritage in Danger that includes
World Heritage sites threatened by serious and specific dangers, such as:
o development projects
o the outbreak or threat of armed conflict
o natural disasters
The Convention seeks state parties consent prior to any 'in danger' listing; however in cases where a
site is threatened and there is no effective government in place, the Committee may reach a decision
on its own. Each time that the Committee makes a new entry on the List of World Heritage in Danger, it
is required to publicize the entry immediately.
WORLD HERITAGE FUND:

A trust fund is established under the Convention

o financed by contributions from state parties and contributions from private organizations and
individuals
o used when state parties request assistance to protect their World Heritage-listed sites, and to
meet the urgent conservation needs of properties on the List of World Heritage in Danger
State parties can request international assistance from the World Heritage Fund for studies, provision
of experts and technicians, training of staff and specialists, and the supply of equipment. They can also
apply for long-term loans and, in special cases, non-repayable grants.

7. 1992 UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (UNCED)

OVERVIEW:
June 3-14, 1992 - Rio de Janeiro hosted the first United Nations Conference on Environment and
Development (UNCED)
FOCUS: state of the global environment and the relationship between economics, science and the
environment in a political context.
UNCED addressed environmental issues, such as:
a. the PROTECTION of air, land and water;
new reliance on public transportation systems in order to reduce vehicle emissions, congestion in
cities and the health problems caused by polluted air and smoke
systematic scrutiny of patterns of production particularly the production of toxic components,
such as lead in gasoline, or poisonous waste including radioactive chemicals
the growing usage and limited supply of water
b. CONSERVATION of biological diversity, forests, and natural resources;
alternative sources of energy to replace the use of fossil fuels which delegates linked to
global climate change
c. And SOUND MANAGEMENT of wastes and technology.

Also included were the CONCERNS that have led to serious differences between countries of the
North and South: patterns of development that cause stress to the environment, poverty in
developing countries, economic growth, unsustainable patterns of consumption, and demographic
pressures and their impact on the international economy.
UNCED was a unique opportunity for world leaders to CURTAIL THE HUMAN ACTIVITIES that are:
a. threatening our planet and bringing about pollution of land, ocean and atmosphere,
b. drought
c. desertification through land degradation
d. thinning of the ozone layer
e. global warmingand the threat of rising sea levels
f. and the extinction of plant and animal species
An IMPORTANT ACHIEVEMENT of the summit was an agreement on the Climate Change
Convention which in turn led to the Kyoto Protocol and the Paris Agreement. Another agreement
was to "not to carry out any activities on the lands of indigenous peoples that would
cause environmental degradation or that would be culturally inappropriate".
The Convention on Biological Diversity was opened for signature at the Earth Summit, and made a
start towards redefinition of measures that did not inherently encourage destruction of natural ecoregions and so-called uneconomic growth.
The Earth Summit RESULTED in the following documents:
a. Rio Declaration on Environment and Development
b. Agenda 21
c. Forest Principles
Moreover, IMPORTANT LEGALLY BINDING AGREEMENTS (Rio Convention) were opened for
signature:
a. Convention on Biological Diversity
b. Framework Convention on Climate Change (UNFCCC)
c. United Nations Convention to Combat Desertification

8. RIO DECLARATION ON THE ENVIRONMENT AND DEVELOPMENT

OVERVIEW:
replaced the earth charter, which affirmed the rights of all citizens to a clean environment and the rights
of developing nations to pursue sustainable development
produced at the 1992 United Nations Conference on environment and development (UNCED)

informally known as the Earth Summit

defines the rights of the people to be involved in the development of their economies
defines the responsibilities of human beings to safeguard the common environment
the declaration builds upon the basic ideas concerning the attitudes o individual and nations towards
the environment and development

OBJECTIVES:
Protection of the environment
PRINCIPLES: (Principles 1-27)
Human beings are at the centre of concerns for sustainable development.
State has sovereignty to exploit their own resources and ensure that activities do not cause damage
other states or areas beyond the limits of its jurisdiction.
Right to development must be fulfilled.
Environmental protection is an integral part in the development process.
All states and all people shall co-operate in the eradication of poverty.
Special situation and needs of developing countries shall be given special priority.
States shall cooperation to protect ecosystem.
There must be Reduction of unsustainable patterns of production and consumption.
States should co-operate to strengthen capacity-building for sustainable development.
States shall facilitate and encourage public awareness and participation proceedings.
States shall enact effective environmental legislation.
States should co-operate to promote a Supportive and open international economic system.
State shall develop national law regarding compensation for victims of pollution and other
environmental damage.
There must be state cooperation to prevent environmental dumping.
The precautionary approach shall be widely applied by states according to their capabilities.
National authorities should endeavour to promote the internalization of environmental costs and the use
of economic instruments.
Environmental impact assessment shall be undertaken for proposed activities that are likely to have a
significant impact on the environment.
States shall immediately notify other states of any natural disasters or other emergencies that are likely
to produce sudden harmful effects on the environment of those states.
States shall provide prior and timely notification to potentially affected states on activities that may have
a significant environment effect.
Women have a vital role in environment management and development.
There must be youth mobilization to forge a global partnership.
Indigenous people have a vital role in environmental management and development because of their
knowledge and traditional practices.
The environment and natural resources of people under oppression, domination and occupation shall
be protected.
States shall respect international law providing protection for the environment in times of armed conflict
and co-operate as necessary.
Peace, development and environmental protection are interdependent and indivisible.
States shall resolve all their environmental disputes peacefully.
States and people shall co-operate in good faith and in spirit of partnership in the fulfilment of the
principles.
9. KYOTO PROTOCOL
OVERVIEW:
extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC)
adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005
Philippines ratified the United Nations Framework Convention on Climate Change on August 2, 1994
and the Kyoto Protocol, which was ratified on November 20, 2003
OBJECTIVES:
control emissions of the main anthropogenic (i.e., human-emitted) greenhouse gases (GHGs) in ways
that reflect underlying national differences in GHG emissions, wealth, and capacity to make the
reductions
- requires a nominal 5% reduction in emissions by developed countries world-wide relative to 1990
levels, by 2008-2012.

Countries that ratify the Kyoto Protocol agree to reduce emissions of six greenhouse gases that
contribute to global warming: carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, HFCs
and PFCs

IMPLEMENTATION
In order to meet the objectives of the Protocol, Parties are required to prepare policies and measures for
the reduction of greenhouse gases in their respective countries. In addition, they are required to increase
the absorption of these gases and utilize all mechanisms available, such as:
1 International Emissions Trading
2 Clean development mechanism
KYOTO MECHANISMS
3 Joint implementation

International Emissions Trading - (Article 17) allows countries that have emission units to spare emissions permitted them but not "used" - to sell this excess capacity to countries that are over their
targets.
Clean Development Mechanism - (Article 12) allows a country with an emission-reduction or
emission-limitation commitment under the Kyoto Protocol to implement an emission-reduction project in
developing countries.
Joint Implementation - (Article 6) allows a country with an emission reduction or limitation
commitment under the Kyoto Protocol to earn emission reduction units (ERUs) from an emissionreduction or emission removal project in another Party, each equivalent to one tone of CO2, which can
be counted towards meeting its Kyoto target.

MONITORING

Under the Protocol, countries' actual emissions have to be monitored and precise records have to
be kept of the trades carried out.

Registry systems track and record transactions by Parties under the mechanisms. The UN Climate
Change Secretariat, based in Bonn, Germany, keeps an international transaction log to verify that
transactions are consistent with the rules of the Protocol.

Reporting is done by Parties by submitting annual emission inventories and national reports under the
Protocol at regular intervals.

A compliance system ensures that Parties are meeting their commitments and helps them to meet
their commitments if they have problems doing so.

10. CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING WASTES AND OTHER
MATTER
OVERVIEW:
London Convention 1972
DUTIES AND OBLIGATIONS OF CONTRACTING PARTIES:
1 individually and collectively promote the effective control of all sources of pollution of the marine
environment, and pledge themselves especially to take all practicable steps to prevent the pollution of the
sea by the dumping of waste and other matter that is liable to create hazards to human health, to harm
living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.
(Art. I)
2 take effective measures individually, according to their scientific, technical and economic capabilities, and
collectively, to prevent marine pollution caused by dumping and shall harmonize their policies (Art. II)
DEFINITION OF TERMS: (Art. III)
Dumping
- any deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other
man-made structures at sea;
- any deliberate disposal at sea of vessels, aircraft, platforms or other man-made structures at sea
XPN:
- the disposal at sea of wastes or other matter incidental to, or derived from the normal operations
of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other
than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made

structures at sea, operating for the purpose of disposal of such matter or derived from the
treatment of such wastes or other matter on such vessels, aircraft, platforms or structures;
placement of matter for a purpose other than the mere disposal thereof, provided that such
placement is not contrary to the aims of this Convention

NOTA BENE: disposal of wastes or other matter directly arising from, or related to the exploration,
exploitation and associated off-shore processing of sea-bed mineral resources will not be covered
Vessels and aircraft - waterborne or airborne craft of any type whatsoever
Wastes or other matter - material and substance of any kind, form or description
Special permit - permission granted specifically on application in advance and in accordance with
Annex II and Annex III
General permit - permission granted in advance and in accordance with Annex III.
PROHIBITIONS: (Art. IV)
dumping of any wastes or other matter in whatever form or condition except as otherwise specified
below:
o dumping of wastes or other matter listed in Annex I is prohibited;
o dumping of wastes or other matter listed in Annex II requires a prior special permit;
o dumping of all other wastes or matter requires a prior general permit.
Any permit shall be issued only after careful consideration of all the factors set forth in Annex III,
including prior studies of the characteristics of the dumping site, as set forth in sections B and C of that
Annex.
No provision of this Convention is to be interpreted as preventing a Contracting Party from prohibiting,
insofar as that Party is concerned, the dumping of wastes or other matter not mentioned in Annex I.
That Party shall notify such measures to the Organization.
EXCEPTIONS TO PROHIBITIONS: (Art.V)
when it is necessary to secure the safety of human life or of vessels, aircraft, platforms or other manmade structures at sea in cases of force majeure caused by stress of weather, or in any case which
constitutes a danger to human life or a real threat to vessels, aircraft, platforms or other man-made
structures at sea, if dumping appears to be the only way of averting the threat and if there is every
probability that the damage consequent upon such dumping will be less than would otherwise occur.
A Contracting Party may issue a special permit as an exception to article IV(1)(a), in emergencies,
posing unacceptable risk relating to human health and admitting no other feasible solution.
ISSUANCE OF PERMITS: (Art. VI)
designate an appropriate authority or authorities to:
o issue special permits which shall be required prior to, and for, the dumping of matter listed in
Annex II and in the circumstances provided for in article V(2);
o issue general permits which shall be required prior to, and for, the dumping of all other matter;
o keep records of the nature and quantities of all matter permitted to be dumped and the location,
time and method of dumping;
o monitor individually, or in collaboration with other Parties and competent
o international organizations, the condition of the seas for the purposes of this Convention
appropriate authority or authorities of a contracting Party shall issue prior special or general permits in
accordance with paragraph (1) in respect of matter intended for dumping:
o loaded in its territory;
o loaded by a vessel or aircraft registered in its territory or flying its flag, when the loading occurs
in the territory of a State not party to this Convention
In issuing permits under sub-paragraphs (1)(a) and (b) above, the appropriate authority or authorities
shall comply with Annex III, together with such additional criteria, measures and requirements as they
may consider relevant.
MEASURES TO ACHIEVE OBJECTIVES: (Art.VIII)
endeavor to enter into regional agreements consistent with this Convention for the prevention of
pollution, especially by dumping
endeavor to act consistently with the objectives and provisions of such regional agreements
special attention shall be given to co-operation in the field of monitoring and scientific research
MEASURES/LIABILITIES: (Art. X)
the principles of international law regarding State responsibility shall apply
undertake to develop procedures for the assessment of liability and the settlement of disputes
regarding dumping
PLEDGE OF CONTRACTING PARTIES: (Art. XII)

promote, within the competent specialized agencies and other international bodies, measures to protect
the marine environment against pollution caused by:
o hydrocarbons, including oil and their wastes;
o other noxious or hazardous matter transported by vessels for purposes other than dumping;
o wastes generated in the course of operation of vessels, aircraft, platforms and other man-made
structures at sea;
o radio-active pollutants from all sources, including vessels;
o agents of chemical and biological warfare;
o wastes or other matter directly arising from, or related to the exploration, exploitation and
associated off-shore processing of sea-bed mineral resources
also promote, within the appropriate international organization, the
codification of signals to be used by vessels engaged in dumping

11. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

OVERVIEW:
convened in New York in 1973
ended nine years later with the adoption in 1982 of a constitution for the seas - the United Nations
Convention on the Law of the Sea
UNS OBJECTIVE:
The goal of the Organization is to help States to better understand and implement the Convention in
order to utilize their marine resources in an environment relatively free of conflict and conducive to
development, safeguarding the rule of law in the oceans.
It also gives assistance to the two newly created institutions - the International Seabed Authority and
the International Tribunal for the Law of the Sea.
IMPORTANT TERMS:
Innocent Passage - generally recognized to mean passage "not prejudicial to the peace, good order or
security of the coastal State"
Exclusive Economic Zone - recognizes the right of coastal States to jurisdiction over the resources of
some 38 million square nautical miles of ocean space. To the coastal State falls the right to exploit,
develop, manage and conserve all resources - fish or oil, gas or gravel, nodules or sulphur - to be found
in the waters, on the ocean floor and in the subsoil of an area extending 200 miles from its shore
Continental Shelf - the seabed and subsoil of the submarine areas adjacent to the coast but outside the
area of the territorial sea, to a depth of 200 meters, or, beyond that limit, to where the depth of the
superjacent waters admits of the exploitation of the natural resources of the said areas"
Parallel System - a complex system which makes it possible for both the public and private enterprises
on one hand and the collective mining on the other to exploit the resources of the seabed
KEY PROVISIONS:
The Convention is an unprecedented attempt by the international community to regulate all aspects of
the resources of the sea and uses of the ocean, and thus bring a stable order to mankind's very source
of life.
The Convention also contains a new feature in international law, which is the regime for archipelagic
States (States such as the Philippines and Indonesia, which are made up of a group of closely spaced
islands). For those States, the territorial sea is a 12-mile zone extending from a line drawn joining the
outermost points of the outermost islands of the group that are in close proximity to each other. The
waters between the islands are declared archipelagic waters, where ships of all States enjoy the right of
innocent passage. In those waters, States may establish sea lanes and air routes where all ships and
aircraft enjoy the right of expeditious and unobstructed passage.
The Convention retains for naval and merchant ships the right of "innocent passage" through the
territorial seas of a coastal State. This means, for example, that a Japanese ship, picking up oil from
Gulf States, would not have to make a 3,000-mile detour in order to avoid the territorial sea of
Indonesia, provided passage is not detrimental to Indonesia and does not threaten its security or violate
its laws.
IMPORTANT FEATURES OF THE TREATY:
navigational rights
territorial sea limits

economic jurisdiction
legal status of resources on the seabed beyond the limits of national jurisdiction
passage of ships through narrow straits,
conservation and management of living marine resources
protection of the marine environment
marine research regime
more unique feature & binding procedure for settlement of disputes between States

SETTLEMENT OF DISPUTES:

direct talks between the parties

If direct talks between the parties fail, the Convention gives them a choice among four procedures:
o submission of the dispute to the International Tribunal for the Law of the Sea
o adjudication by the International Court of Justice
o submission to binding international arbitration procedures
o submission to special arbitration tribunals with expertise in specific types of disputes
All of these procedures involve binding third-party settlement, in which an agent other than the parties
directly involved hands down a decision that the parties are committed in advance to respect.

12. UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCC)

OVERVIEW:
complemented by the KYOTO PROTOCOL
industrialized countries and the European Community have committed to reducing their emissions by
an average of 5% by 2012 against 1990 levels
OBJECTIVE:
To stabilize greenhouse gas concentrations in the atmosphere at a level that will prevent dangerous
human interference with the climate system
o It states that such level should be achieved within time frame sufficient to allow ecosystem to
adapt naturally climate change, to ensure that food production is not threatened and to enable
economic development to proceed in a sustainable manner.
DEFINITIONS:
Adverse effects of climate change - changes in the physical environment or biotaresulting from climate
change which have significant deleterious effects on the composition, resilience or productivity of
natural and managed ecosystems or on the operation ofsocio-economic systems or on human health
and welfare
Climate change - change of climate which is attributed directly or indirectly tohuman activity that alters
the composition of the global atmosphere and which is in addition tonatural climate variability observed
over comparable time periods
Climate system - totality of the atmosphere, hydrosphere, biosphere and geosphere and their
interactions
Emissions - release of greenhouse gases and/or their precursors into the atmosphere over a specified
area and period of time
Greenhouse gases - those gaseous constituents of the atmosphere, both natural and anthropogenic,
those absorb and re-emit infrared radiation
Regional economic integration organization - an organization constituted by sovereign States of a given
region which has competence in respect of matters governed by this Convention or its protocols and
has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or
accede to the instruments concerned
Reservoir - component or components of the climate system where a greenhouse gas or a precursor of
a greenhouse gas is stored
Sink - any process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor
of a greenhouse gas from the atmosphere
Source - any process or activity which releases a greenhouse gas, an aerosol or a precursor of a
greenhouse gas into the atmosphere
encourages all parties to take action on two prongs:
1. MITIGATION - taking action to prevent and limit further climate change by developing, gathering and
sharing information on greenhouse gas emissions,national policies and best practices

2. ADAPTATION - taking action to protect and adapt to the impacts of climate change by launching
national strategies including the provision of financial and technological support to developing countries
and cooperating in preparing for adaptation to the impacts of climate change
TWO PERMANENT SUBSIDIARY BODIES:
THE SUNSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE (SBSTA)
SBSTA - created to provide UNFCCSs Conference of the Parties with advice on scientific,
technological and methodological matters. Two key areas are promoting the development and transfer
of environmentally-friendly technologies, and conducting technical work to improve the guidelines for
preparing national communications and emission inventories.

THE SUSIDIARY BODY FOR THE IMPLEMENTATION

SBI - it gives advice to the COP on all matters concerning the implementation of the Convention. Its
important task is to examine the information in the national communications and emissions inventories
submitted by parties in order to assess the convention overall effectiveness. The SBI also advises the
COP on budgetary and administrative matters.

14. 1985 VIENNA CONVENTION ON THE PROTECTION OF THE OZONE LAYER

OVERVIEW:

Multilateral Environmental Agreement

agreed upon at the Vienna Conference of 1985 and entered into force in 1988

updated by the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal September
16, 1987)
designed to regulate the production and consumption of ozone-depleting substances (ODS)
together with the Montreal Protocol make up the Ozone Treaties

OGJECTIVES:

To protect human health and the environment against adverse effects resulting or likely to result from
human activities which modify or are likely to modify the ozone layer
To promote international cooperation in the legal, scientific and technical fields, and encourage the
exchange of information

DEFINITIONS:
Ozone layer - the layer of atmospheric ozone above the planetary boundary layer
Adverse effects - changes in the physical environment or biota, including changes in climate, which
have significant deleterious effects on human health or on the composition, resilience and productivity
of natural and managed ecosystems, or on materials useful to mankind
Alternative technologies or equipment - technologies or equipment the use of which makes it possible
to reduce or effectively eliminate emissions of substances which have or are likely to have adverse
effects on the ozone layer
Alternative substances - substances which reduce, eliminate or avoid adverse effects on the ozone
layer
Parties - unless the text otherwise indicates, Parties to this Convention
Regional economic integration organization - an organization constituted by sovereign States of a given
region which has competence in respect of matters governed by this Convention or its protocols and
has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or
accede to the instruments concerned
Protocols - protocols to this Convention
GENERAL OBLIGATIONS: (Art. II)
Parties shall take appropriate measures in accordance with the provisions of this Convention and of
those protocols in force to which they are party to protect human health and the environment against
adverse effects resulting or likely to result from human activities which modify or are likely to modify the
ozone layer.

To this end the Parties shall, in accordance with the means at their disposal and their capabilities:
- Co-operate by means of systematic observations, research and information exchange in order to
better understand and assess the effects of human activities on the ozone layer and the effects on
human health and the environment from modification of the ozone layer;
- Adopt appropriate legislative or administrative measures and co-operate in harmonizing
appropriate policies to control, limit, reduce or prevent human activities under their jurisdiction or
control should it be found that these activities have or are likely to have adverse effects resulting
from modification or likely modification of the ozone layer;
-

Co-operate in the formulation of agreed measures, procedures and standards for the
implementation of this Convention, with a view to the adoption of protocols and annexes;
- Co-operate with competent international bodies to implement effectively this Convention and
protocols to which they are party.
The provisions of this Convention shall in no way affect the right of Parties to adopt, in accordance with
international law, domestic measures additional to those referred to in paragraphs 1 and 2 above, nor
shall they affect additional domestic measures already taken by a Party, provided that these measures
are not incompatible with their obligations under this Convention.
The application of this article shall be based on relevant scientific and technical considerations.

RESEARCH AND SYSTEMATIC OBSERVATIONS: (Art. III)

The Parties undertake, as appropriate, to initiate and co-operate in, directly or through competent
international bodies, the conduct of research and scientific assessments on:
- The physical and chemical processes that may affect the ozone layer;
- The human health and other biological effects deriving from any modifications of the ozone layer,
particularly those resulting from changes in ultra-violet solar radiation having biological effects
- (UV-B);
- Climatic effects deriving from any modifications of the ozone layer;
- Effects deriving from any modifications of the ozone layer and any consequent change in UV-B
radiation on natural and synthetic materials useful to mankind;
- Substances, practices, processes and activities that may affect the ozone layer, and their
cumulative effects;
- Alternative substances and technologies;
- Related socio-economic matters;
- and as further elaborated in annexes I and II
The Parties undertake to promote or establish, as appropriate, directly or through competent
international bodies and taking fully into account national legislation and relevant ongoing activities at
both the national and international levels, joint or complementary programs for systematic observation
of the state of the ozone layer and other relevant parameters, as elaborated in annex I.
The Parties undertake to co-operate, directly or through competent international bodies, in ensuring the
collection, validation and transmission of research and observational data through appropriate world
data centers in a regular and timely fashion.
15. 1998 ROTTERDAM CONVENTION

OVERVIEW:

adopted and opened for signature at the Conference of Plenipotentiaries held in Rotterdam on 10
September 1998

entered into force on 24 February 2004 and became legally binding for its Parties

OBJECTIVES:

to promote shared responsibility and cooperative efforts among Parties in the international trade of
certain hazardous chemicals in order to protect human health and the environment from potential harm;

to contribute to the environmentally sound use of those hazardous chemicals, by facilitating information
exchange about their characteristics, by providing for a national decision-making process on their
import and export and by disseminating these decisions to Parties.

MAJOR PROVISIONS:

It covers pesticides and industrial chemicals that have been banned or severely restricted for health or
environmental reasons by Parties and which have been notified by Parties for inclusion in the PIC
procedure. One notification from each of two specified regions triggers consideration of addition of a
chemical to Annex III of the Convention. Severely hazardous pesticide formulations that present a risk
under conditions of use in developing countries or countries with economies in transition may also be
proposed for inclusion in Annex III. Once a chemical is included in Annex III, a "decision guidance
document" (DGD) containing information concerning the chemical and the regulatory decisions to ban
or severely restrict the chemical for health or environmental reasons, is circulated to all Parties.

Parties have nine months to prepare a response concerning the future import of the chemical. The
response can consist of either a final decision (to allow import of the chemical, not to allow import, or to
allow import subject to specified conditions) or an interim response. Decisions by an importing country
must be trade neutral (that is, decisions must apply equally to domestic production for domestic use as
well as to imports from any source).

The import decisions are circulated and exporting country Parties are obligated under the Convention to
take appropriate measure to ensure that exporters within its jurisdiction comply with the decisions.

The Convention promotes the exchange of information on a very broad range of chemicals. It does so
through:
1. the requirement for a Party to inform other Parties of each national ban or severe restriction of a
chemical;
2. the possibility for Party which is a developing country or a country in transition to inform other
Parties that it is experiencing problems caused by a severely hazardous pesticide formulation under
conditions of use in its territory;
3. the requirement for a Party that plans to export a chemical that is banned or severely restricted for
use within its territory, to inform the importing Party that such export will take place, before the first
shipment and annually thereafter;
4. the requirement for an exporting Party, when exporting chemicals that are to be used for
occupational purposes, to ensure that an up-to-date safety data sheet is sent to the importer; and
5. the labeling requirements for exports of chemicals included in the PIC procedure, as well as for
other chemicals that are banned or severely restricted in the exporting country

16. 2001 STOCKHOLM CONVENTIONON PERSISTENT ORGANIC POLLUTANTS

OVERVIEW:
adopted by the Conference of Plenipotentiaries on 22 May 2001 in Stockholm, Sweden
entered into force on 17 May 2004
most significant global legally binding instrument for targeting POPs
o POP (Persistent organic pollutants) - organic compounds that are resistant to environmental
degradation through chemical, biological, and photolytic processes
originally signed on the 23 May 2001 in Stockholm, Sweden
a global treaty to protect human health and the environment from chemicals that remain intact in the
environment for long periods, become widely distributed geographically, accumulate in the fatty tissue
of humans and wildlife, and have harmful impacts on human health or on the environment
Global Environmental Facility (GEF) - designated interim financial mechanism for the Stockholm
Convention
OBJECTIVES:
to protect human health and the environment from persistent organic pollutants

The Stockholm Convention is perhaps best understood as having five essential aims:
o Eliminate dangerous POPs, starting with the 12 worst (called dirty dozen and include: Aldrin,
Chlordane, DDT, Dieldrin, Dioxins, Endrin, Furans, Hexachlorobenzene, Heptachlor, Mirex, PCBs
and Toxaphene)
o Support the transition to safer alternatives
o Target additional POPs for action
o Cleanup old stockpiles and equipment containing POPs
o Work together for a POPs-free future

MAIN PROVISIONS:
Among others, the provisions of the Convention require each party to:
Prohibit and/or eliminate the production and use, as well as the import and export, of the intentionally
produced POPs that are listed in Annex A to the Convention (Article 3)
Restrict the production and use, as well as the import and export, of the intentionally produced POPs
that are listed in Annex B to the Convention (Article 3)
Reduce or eliminate releases from unintentionally produced POPs that are listed in Annex C to the
Convention (Article 5)
Ensure that stockpiles and wastes consisting of, containing or contaminated with POPs are managed
safely and in an environmentally sound manner (Article 6)
To target additional POPs (Article 8)
Other provisions of the Convention relate to the:
o development of implementation plans (Article 7),
o information exchange (Article 9),
o public information, awareness and education (Article 10),
o research, development and monitoring (Article 11),
o technical assistance (Article 12),
o financial resources and mechanisms (Article 13),
o reporting (Article 15),
o effectiveness evaluation (Article 16) and
o non-compliance (Article 17)