A.

CASES
1. Corfu Channel Case [United Kingdom Vs Albania; 1946]
DOCTRINE (Corfu Channel Principle):

Principle of Limited Territorial Sovereignty It is every States obligation not to allow knowingly its territory to be used for acts contrary to
the rights of other States.
Facts:
On May 15th. 1946 the British warships passed through the Channel without the approval of the Albanian government and were shot at. Later, on
October 22nd, 1946, a squadron of British warships (two cruisers and two destroyers), left the port of Corfu and proceeded northward through a channel
previously swept for mines in the North Corfu Strait.
Both destroyers were struck by mine and were heavily damaged. This incident resulted also in many deaths. The two ships were mined in Albanian
territorial waters in a previously swept and check-swept channel.
After the explosions of October 22nd, the United Kingdom Government sent a note to the Albanian Government, in which it announced its intention to
sweep the Corfu Channel shortly. The Albanian reply, which was received in London on October 31st, stated that the Albanian Government would not
give its consent to this unless the operation in question took place outside Albanian territorial waters. Meanwhile, at the United Kingdom Government's
request, the International Central Mine Clearance Board decided, in a resolution of November 1st, 1946, that there should be a further sweep of the
Channel, subject to Albania's consent. The United Kingdom Government having informed the Albanian Government, in a communication of November
10th, that the proposed sweep would take place on November 12th, the Albanian Government replied on the 11th, protesting against this 'unilateral
decision of His Majesty's Government'. It said it did not consider it inconvenient that the British fleet should undertake the sweeping of the channel of
navigation, but added that, before sweeping was carried out, it considered it indispensable to decide what area of the sea should be deemed to
constitute this channel, and proposed the establishment of a Mixed Commission for the purpose.
It ended by saying that any sweeping undertaken without the consent of the Albanian Government outside the channel thus constituted, i.e., inside
Albanian territorial waters where foreign warships have no reason to sail, could only be considered as a deliberate violation of Albanian territory and
sovereignty. After this exchange of notes, 'Operation Retail' took place on November 12th and 13th.
One fact of particular importance is that the North Corfu Channel constitutes a frontier between Albania and Greece, that a part of it is wholly within the
territorial waters of these States, and that the Strait is of special importance to Greece by reason of the traffic to and from the port of Corfu.
The British government claimed the minefield, which caused the explosions, was laid between May 15th, 1946, and October 22nd, 1946, by or with the
approval or knowledge of the Albanian Government. Thus Albania was responsible for the explosions and loss of life and had to compensate the UK
government. In addition to the passage of the United Kingdom warships on October 22nd, 1946, the second question in the Special Agreement relates
to the acts of the Royal Navy in Albanian waters on November 12th and 13th, 1946 when the British government carried out a minesweeping operation
called 'Operation Retail' without the consent of Albania.
UK held the opinion the passage on October 22nd, 1946 was innocent and that according to rules of international law it had the right to innocent
passage. The Albanian Government does not dispute that the North Corfu Channel is a strait in the geographical sense; but it denies that this Channel
belongs to the class of international highways on the grounds that it is only of secondary importance and not even a necessary route between two parts
of the high seas, and that it is used almost exclusively for local traffic to and from the ports of Corfu.
Issues:
1) Should the North Corfu Channel as it is considered part of international highways?
2) Is Albania responsible under international law for the explosions which occurred on the 22nd October 1946 in Albanian waters and for the damage
and loss of human life which resulted from them and is there any duty to pay compensation?'
Held/Ratio:
The Court concludes that the North Corfu Channel should be considered as belonging to the class of international highways through which an innocent
passage does not need special approval and cannot be prohibited by a coastal State in time of peace.
The UK government claims that on October 22nd, 1946, Albania neither notified the existence of the minefield, nor warned the British warships of the
danger they were approaching. According to the principle of state responsibility, they should have done all necessary steps immediately to warn ships
near the danger zone, more especially those that were approaching that zone. In fact, nothing was attempted by the Albanian authorities to prevent the
disaster. These grave omissions involve the international responsibility of Albania.
But Albania's obligation to notify shipping of the existence of mines in her waters depends on her having obtained knowledge of that fact in sufficient time
before October 22nd; and the duty of the Albanian coastal authorities to warn the British ships depends on the time that elapsed between the moment
that these ships were reported and the moment of the first explosion.
(1) The Court therefore reaches the conclusion that Albania is responsible under international law for the explosions, which occurred on October 22nd,
1946, in Albanian waters, and for the damage and loss of human life which resulted from them, and that there is a duty upon Albania to pay
compensation to the United Kingdom.
(2) Has the United Kingdom under international law violated the sovereignty of the Albanian People's Republic by reason of the acts of the Royal Navy in
Albanian waters on the 22nd October and on the 12th and 13th November 1946 and is there any duty to give satisfaction?
Albania was in fact in war with Greece which means that the coastal state was not in time of peace. UK had not an innocent passage due to the way it
was carried out. The court assessed the manner of UK warships after they had been shot at May 15 th. Having thus examined the various contentions of
the Albanian Government in so far as they appear to be relevant, the Court has arrived at the conclusion that the United Kingdom did not violate the
sovereignty of Albania by reason of the acts of the British Navy in Albanian waters on October 22nd, 1946.
The United Kingdom Government does not dispute that 'Operation Retail' was carried out against the clearly expressed wish of the Albanian
Government. It recognizes that the operation had not the consent of the international mine clearance organizations, that it could not be justified as the
exercise of a right of innocent passage, and lastly that, in principle, international law does not allow a State to assemble a large number of warships in
the territorial waters of another State and to carry out minesweeping in those waters. The United Kingdom Government states that the operation was
one of extreme urgency, and that it considered itself entitled to carry it out without anybody's consent.
The Court can only regard the alleged right of intervention as the manifestation of a policy of force, such as has, in the past, given rise to most serious
abuses and such as cannot, whatever be the present defects in international organization, The United Kingdom Agent, in his speech in reply, has further
classified 'Operation Retail' among methods of self-protection or self-help. The Court cannot accept this defense either find a place in international law.

2. Trail Smelter Case

DOCTRINES (Trail smelter Principles):

Principle of State Responsibility A state has responsibility for environmental damage extending beyond its territorial limits.

Principle of Good Neighborliness No State has the right to use or permit the use of its territory in such a manner as to cause injury by
fumes in or to the territory of another or the properties or persons therein, when the cause is of serious consequence and the injury is
established by clear and convincing evidence.
Facts:
In 1896, a smelter located in Trail, British Columbia, began operating under American ownership. However, in 1906, the Consolidated Mining and
Smelting Company of Canada, Ltd. bought the smelter plant in Trail. This company expanded the plant in size and in turn in its capacity to smelt zinc
and lead ores. However, in 1925 and in 1927, two large, 400-foot smoke stacks were built. There was a resulting increase in the amount of sulfur emitted
into the air. Within that same time period the amount of sulfur released from the plant on a monthly basis almost doubled from what it had been in 1924.
The amount of sulfur released in 1924 was about 4,700 tons per month. But in 1927, the amount had risen to 9,000 tons per month. These increases
continued because this smelting operation of zinc and lead had become one of the largest in North America. Finally, the effect of these harmful amounts
of sulfur being released was noticed in the State of Washington. The effects were noticeable because for every ton of sulfur released into the air there
are two tons of sulfur dioxides created. It was this increase in sulfur dioxide that was detected through the rains.
In the period between 1928 and 1935, the Government of the United States filed complaints with the Government of Canada that sulfur dioxide
emissions from the Trail smelter had damaged the Columbia River Valley. On August 7, 1928, the United States and Canada (IJC-UC) referred the issue
to the International Joint Commission for settlement. The IJC-UC decided on February 28, 1931 that the Trail smelter should limit its sulfur dioxide
emissions and that Canada should pay the United States US$350,000 as compensation for damages.
Despite the IJC-UC decision, the conditions at the Trail smelter did not improve. Consequently, by February 1933 the U.S. Government was refilled
complaints to the Canadian Government about the situation at the smelter. These set of complaints led to an emissions convention, which was signed
by the two parties on April 15, 1935.
Issues:
The Consolidated Mining and Smelting Company Limited of Canada operated a zinc and lead smelter along the Columbia river at Trail, British Columbia
about 10 miles north of the international boundary with the State of Washington. In the period between 1925 and 1935, the U.S. Government objected
to the Canadian Government that sulfur dioxide emissions from the operation were causing damage to the Columbia River valley in a 30 miles stretch
from the international boundary to Kettle Falls, Washington. The two governments resorted twice to legal arbitration, once from 1928 to 1931 and again
from 1935 to 1941, in an attempt to resolve the dispute. The outcome of each decision involved some payment by the Canadian Government for
damages caused to the State of Washington. The latter decision also prescribed a set of operational guidelines under which the smelter at Trail should
conclude its operations for at least a year-and-a-half. The main concern of the United States was that the smelter's sulfur dioxide emissions were
harming the land and the trees of the Columbia River Valley which were used for logging, farming, and cattle grazing; the three industries crucial to the
area. The main species affected were yellow pines, Douglas firs, larch, and cedar. Affected harvests included alfalfa, wheat, and oats.
The Convention called for the creation of a Tribunal to determine the answers to four questions:
1. Had damage been done to Washington State by the smelter since January 1, 1932?
2. If the smelter was found to have done damage, should it be made to refrain from doing so in the future?
3. Should the smelter operate under any restrictions?
4. Should any compensation be paid in light of the answers to questions 2 and 3?
Held/Ratio:
1. It was determined that the Government of Canada should pay the United States US$78,000 for damage that the Trail Smelter had done to the State of
Washington from 1932 to October 1, 1937. This compensation was primarily for damage done to land along the Columbia River valley in the United
States. The Tribunal decided that the United States had not displayed enough evidence for damage to livestock or businesses in Washington State from
the operation of the Trail smelter.
2-4. It had decided that the Trail Smelter should refrain from causing any future damage to the State of Washington from its sulfur dioxide emissions. To
ensure this, it mandated that the smelter maintain equipment to measure the wind velocity and direction, turbulence, atmospheric pressure, barometric
pressure, and sulfur dioxide concentrations at Trail. Readings from these instruments were to be used by the smelter to keep its sulfur dioxide
emissions at or below levels determined by the Tribunal. Moreover, copies of the readings were to be supplied to both governments monthly so that they
could see the smelter's compliance. If the smelter could not keep to the prescribed sulfur dioxide levels, then the Tribunal and the Canadian
Government could award compensation to the United States as determined.
Despite the U.S. Government's contention that the emissions from Trail damaged the land, livestock, and businesses in almost 140,000 acres along the
Columbia River valley in northern Washington State, the Tribunal only found that real damage had been done to the un-cleared forestland and cleared
farmland along the Columbia River. In November of 1949, the U.S. Secretary of State wrote a note to the Canadian Ambassador to the United States to
offer to refund to the Canadian Government US$8,828.19 of the money that the Canadian Government had paid to the United States as compensation
for damages caused by operation of the Trail smelter. This money was what was left over from the US$428,179.51 that the Canadian Government had
paid as damages after the U.S. Government had paid off all of the claims of individual property owners in Washington State against the Trail smelter.
The Canadian Government accepted this refund in January of 1950.
3. Joya v. PCGG
Facts:

The sale of Old Italian Masters Paintings and antique silverwares alleged to be part of Marcos ill-gotten wealth.
Chairman Caparas was authorized to auction these on behalf of the Government of the Philippines.

Issues:
W/N the items are listed and embraced in the phrase cultural treasure of the nation.
W/N their disposal shall be invalid.
Held/Ratio:

No. Cultural treasures are unique objects found locally. These are Italian objects.

It is not invalid as evidenced by the certification issued by the Director of the National Museum.

4. Cruz v. DENR
The validity of the IPRA on ancestral domain due to the ground that the law amounts to an unlawful deprivation over States ownership over
lands of the public domain, as well as minerals and other natural resources therein.
TIE VOTE petition was dismissed.

B. CONVENTIONS
1. Convention on Biodiversity
The Convention on Biological Diversity (CBD) was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on
29 December 1993.
The Convention on Biological Diversity (CBD) is an international legally-binding treaty with three main goals: conservation of biodiversity; sustainable
use of biodiversity; fair and equitable sharing of the benefits arising from the use of genetic resources. Its overall objective is to encourage actions which
will lead to a sustainable future.
The Convention also recognizes that the conservation of biological diversity is "a common concern of humankind" and an integral part of the
development process. In other words, the Convention recognizes that all humanity has an interest ensuring the conservation of biological diversity,
including poor nations, women and indigenous people, and that it needs to be addressed by concerted international action.
The Ecosystem Approach, an integrated strategy for the management of resources, is the framework for action under the Convention.
The Precautionary Principle states that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty
should not be used as a reason for postponing measures to avoid or minimize such a threat.
The objectives of the Convention on Biological Diversity are expressed in its article 1:

the conservation of biological diversity;

the sustainable use of its components; and

the fair and equitable sharing of the benefits arising out of the utilization of genetic resources ( ACCESS and BENEFIT SHARING) , by
appropriate
o
access to genetic resources,
o
transfer of relevant technologies,
o
funding.
Biological Diversity - the variability among living organisms from all sources; this includes diversity within species, between species and of ecosystems.
Sustainable Use - the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity,
thereby maintaining its potential to meet the needs and aspirations of present and future generations
Biopiracy indigenous knowledge of nature coming from indigenous peoples are used by others for profit
Bioprospecting process of discovery and commercialization of products from bioresources
* States have the sovereign right to exploit their own resources pursuant to their own environmental 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.
(Art.3)
2. Ramsar Convention on Wetlands
The Conventions mission is the conservation and wise use of all wetlands through local and national actions and international cooperation, as a
contribution towards achieving sustainable development throughout the world. (conservation and wise use of all wetlands)
The Convention uses a broad definition of wetlands. It includes all lakes and rivers, underground aquifers, swamps and marshes, wet grasslands,
peatlands, oases, estuaries, deltas and tidal flats, mangroves and other coastal areas, coral reefs, and all human-made sites such as fish ponds, rice
paddies, reservoirs and salt pans.
Under the three pillars of the Convention, the Contracting Parties commit to:

work towards the wise use of all their wetlands;

designate suitable wetlands for the list of Wetlands of International Importance (the Ramsar List) and ensure their effective management;

cooperate internationally on transboundary wetlands, shared wetland systems and shared species.
Wetlands are indispensable for the countless benefits or ecosystem services that they provide humanity, ranging from freshwater supply, food and
building materials, and biodiversity, to flood control, groundwater recharge, and climate change mitigation.
At the time of joining the Convention, each Contracting Party undertakes to designate at least one wetland site for inclusion in the List of Wetlands of
International Importance. Wetlands included in the List acquire a new national and international status: they are recognized as being of significant value
not only for the country or the countries in which they are located, but for humanity as a whole.

The Ramsar Convention provides the single most global framework for intergovernmental cooperation on wetland issues. By setting international
standards for wetland conservation and providing a forum for discussing global wetland issues, the Convention enables Contracting Parties to share
information on wetlands and address issues together.
At the centre of the Ramsar philosophy is the wise use of wetlands. The Convention defines it as the maintenance of their ecological character,
achieved through the implementation of ecosystem approaches, within the context of sustainable development.
Wise use can thus be seen as the conservation and sustainable use of wetlands and all the services they provide, for the benefit of people and nature.
3. Convention on Migratory Species
As an environmental treaty, CMS, serving as a framework Convention, provides a global platform for the conservation and sustainable use of migratory
animals and their habitats. CMS brings together the States through which migratory animals pass, the Range States, and lays the legal foundation for
internationally coordinated conservation measures throughout a migratory range.
Migratory species threatened with extinction are listed on Appendix I of the Convention. CMS Parties strive towards strictly protecting these animals,
conserving or restoring the places where they live, mitigating obstacles to migration and controlling other factors that might endanger them. Besides
establishing obligations for each State joining the Convention, CMS promotes concerted action among the Range States of many of these species.
Migratory species that need or would significantly benefit from international co-operation are listed in Appendix II of the Convention. For this
reason, the Convention encourages the Range States to conclude global or regional agreements.
As of May 2014, the CMS has over 120 Parties.
4. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
CITES is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not
threaten their survival.
Because the trade in wild animals and plants crosses borders between countries, the effort to regulate it requires international cooperation to safeguard
certain species from over-exploitation.
CITES works by subjecting international trade in specimens of selected species to certain controls. All import, export, re-export and introduction from the
sea of species covered by the Convention has to be authorized through a LICENSING SYSTEM.
Each country that implements CITES must designate a Management Authority and Scientific Authority to carry out the treaty. The Management
Authority ensures that CITES-listed species are traded legally through the issuance of permits. The Scientific Authority determines whether trade in a
particular animal or plant species could be detrimental to its survival in the wild.
The species covered by CITES are listed in three Appendices, according to the degree of protection they need.

Appendix I: includes all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must
be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional
circumstances.
(e.g. gorillas, sea turtles, most lady slipper orchids, and giant pandas)

Appendix II: Includes

(a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such
species is subject to strict regulation in order to avoid utilization incompatible with their survival; and
(b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph
(a) of this paragraph may be brought under effective control.
(e.g. American ginseng, paddlefish, lions, American alligators, mahogany and many corals)

Appendix III: includes all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing
or restricting exploitation, and as needing the co-operation of other Parties in the control of trade.
(e.g. map turtles, walruses and Cape stag beetles, freshwater turtles)

5. Basel Convention on Transboundary Movements of Hazardous Waste and their Disposal

It was adopted on 22 March 1989 by the Conference of Plenipotentiaries in Basel, Switzerland.
The overarching objective of the Basel Convention is to protect human health and the environment against the adverse effects of hazardous wastes. Its
scope of application covers a wide range of wastes defined as hazardous wastes based on their origin and/or composition and their characteristics, as
well as two types of wastes defined as other wastes - household waste and incinerator ash.
The provisions of the Convention center around the following principal aims:

the reduction of hazardous waste generation and the promotion of environmentally sound management of hazardous wastes, wherever the
place of disposal;
o
addressed through a number of general provisions requiring States to observe the fundamental principles of environmentally sound
waste management (article 4). A number of prohibitions are designed to attain the second aim: hazardous wastes may not be
exported to Antarctica, to a State not party to the Basel Convention, or to a party having banned the import of hazardous wastes
(article 4). Parties may, however, enter into bilateral or multilateral agreements on hazardous waste management with other parties

or with non-parties, provided that such agreements are no less environmentally sound than the Basel Convention (article 11). In all
cases where transboundary movement is not, in principle, prohibited, it may take place only if it represents an environmentally
sound solution, if the principles of environmentally sound management and non-discrimination are observed and if it is carried out in
accordance with the Conventions regulatory system.
the restriction of transboundary movements of hazardous wastes except where it is perceived to be in accordance with the principles of
environmentally sound management; and
a regulatory system applying to cases where transboundary movements are permissible.
o
The regulatory system is the cornerstone of the Basel Convention as originally adopted. Based on the concept of prior informed
consent, it requires that, before an export may take place, the authorities of the State of export notify the authorities of the
prospective States of import and transit, providing them with detailed information on the intended movement. The movement may
only proceed if and when all States concerned have given their written consent (articles 6 and 7).
o
The Basel Convention also provides for cooperation between parties, ranging from exchange of information on issues relevant to
the implementation of the Convention to technical assistance, particularly to developing countries (articles 10 and 13).
o
Liability of the States involved in illegal transboundary movement resulting in an reimportation into the State of generation or
otherwise stated.

General Obligations Of Signatories

Prohibition on the exportation of wastes to countries who have given notification against its importation (illegal trafficking of hazardous wastes)

Take into account the social, technological, economic aspects, availability of disposals, prevention of pollution due to improper management,
reduction of transboundary movement. All these to improve the environmentally sound management of hazardous wastes.

Prohibit any who are not authorized or allowed to perform such types of operations regarding transboundary movement.
6. Rotterdam Convention on the International Trade in Hazardous Chemicals
The Rotterdam Convention was signed by the European Community on 11 September 1998. The aim of the Convention is to improve the international
regulation of trade in certain hazardous chemicals and pesticides in order to protect human health and the environment and to promote the
environmentally sound use of such substances. Regulated by the European Union.
The Convention regulates the import and the export of certain hazardous chemicals and pesticides. It is based on the fundamental principle of Prior
Informed Consent (PIC), meaning that under the Convention, a chemical listed in the Convention may only be exported with the importer's prior
consent. The Convention establishes a procedure to disseminate the decisions taken by the importing countries, thus implementing the PIC principle in
the international trade in chemicals.
The Convention applies to banned or severely restricted chemicals and to extremely hazardous pesticide formulations. EXCEPT:

narcotic drugs and psychotropic substances;

radioactive materials;

waste;

pharmaceuticals;

chemical weapons;

chemicals used as food additives;

food;

chemicals imported in quantities not likely to involve a risk provided they are imported for the purpose of research or analysis or by an
individual for his or her own personal use.
Implementation: Each Party must designate a national authority to ensure implementation at national and regional level.
IMPORTS: Each Party must specify whether or not it consents to the import into its territory of the hazardous chemicals or pesticides listed in the
Convention. Parties may also decide to consent to import only subject to specified conditions. Interim decisions are also accepted.
EXPORTS: Each exporting Party must, of course, comply with the decisions of the other Parties relating to import authorisations. A chemical may not be
exported to any Party that has failed to transmit a response or has transmitted an interim response.
Under the Regulation, any chemical or pesticide that is banned or severely restricted within the Community, and any articles containing these chemicals,
must be accompanied by a notification. In addition, explicit consent for export is required for any dangerous chemical or pesticide which is banned or
severely restricted within the Community, where it qualifies for PIC notification, even if that chemical or pesticide is not subject to the provisions of the
Convention and is not included in the list of products already subject to the PIC procedure. The Regulation also imposes minimum.
7. Stockholm Convention on Persistent Organic Polluntants
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.
The objective is to protect human health and the environment from persistent organic pollutants.
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)

Annex A (Elimination)
Parties must take measures to eliminate the production and use of the chemicals listed under Annex A. Specific exemptions for use or production are
listed in the Annex and apply only to Parties that register for them.
Annex B (Restriction)
Parties must take measures to restrict the production and use of the chemicals listed under Annex B in light of any applicable acceptable purposes
and/or specific exemptions listed in the Annex.
Annex C (Unintentional production)
Parties must take measures to reduce the unintentional releases of chemicals listed under Annex C with the goal of continuing minimization and, where
feasible, ultimate elimination.
3 categories of POPs:

Pesticides

Industrial chemicals

By-products
Other provisions of the Convention relate to the development of implementation plans (Article 7), information exchange (Article 9), public information,
awareness and education (Article 10), research, development and monitoring (Article 11), technical assistance (Article 12), financial resources and
mechanisms (Article 13), reporting (Article 15), effectiveness evaluation (Article 16) and non-compliance (Article 17).
Persistent Organic Pollutants (POPs) are organic and carbon-based chemical substances that are toxic to both humans and wildlife, which can lead to
cancers, birth defects, dysfunctional immune and reproductive systems, and susceptibility to diseases and damages to the nervous system.
8. World Heritage Convention
1. Includes the concepts of the conservation of nature and the preservation of cultural properties
2. This convention provides for a list (World Heritage List) which defines the kinds of natural and cultural sites
3. Cultural sites:

Banaue Rice Terraces

Town of Vigan
Natural sites:

Puerta Princesa Subterranean River and National Park

Tubbataha Reefs

Baroque Churches
4. Cultural Heritage monuments, sites made by man or nature, buildings
5. National Heritage physical and biological formations, geological and physiographical formations
6. Handled by UNESCO (United Nations Educational, Scientific and Cultural Organization)
7. Procedure

Nomination of one or more sites

Evaluated by advisory bodies

Final decision by WHC and the prescribed criteria

9. Aarhus Convention: On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters
The United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and
Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus (rhus) at the Fourth Ministerial Conference as
part of the "Environment for Europe" process. It entered into force on 30 October 2001.
OBJECTIVE: In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to
his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to
justice in environmental matters in accordance with the provisions of this Convention.
The Aarhus Convention establishes a number of rights of the public (individuals and their associations) with regard to the environment. The Parties to
the Convention are required to make the necessary provisions so that public authorities (at national, regional or local level) will contribute to these rights
to become effective.
The Convention provides for:

the right of everyone to receive environmental information that is held by public authorities ("access to environmental information"). This
can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety
where this can be affected by the state of the environment. Applicants are entitled to obtain this information within one month of the request
and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate
environmental information in their possession;

the right to participate in environmental decision-making. Arrangements are to be made by public authorities to enable the public affected and
environmental non-governmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and
programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on
the final decisions and the reasons for it ("public participation in environmental decision-making");

the right to review procedures to challenge public decisions that have been made without respecting the two aforementioned rights or
environmental law in general ("access to justice").
o
Writ of Kalikasan

Incorporation Theory Clause adopts customs (Bill of Rights)

10. UNCLOS (Hard law; as compared to Manila Climate Change on greenhouse gas emissions)
PART XII: PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
Obligations of State Parties

1. To protect and preserve the marine environment (192).

2. Sovereign right to exploit their natural resources (193).
3. All measures consistent with this Convention that is necessary to prevent, reduce and control pollution
i. The best practicable means
ii. To ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution
iii. All sources of pollution of the marine environment designed to minimize to the fullest possible extent:
(a) The release of toxic, harmful or noxious substances, especially those that are persistent, from land-based sources, from or through
the atmosphere or by dumping;
(b) In particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing
intentional and unintentional discharges, and regulating the design, construction, equipment, operation and manning of vessels: pollution
from vessels, from installations and devices used in exploration or exploitation of the natural resources of the seabed and subsoil, or from
other installations and devices operating in the marine environment
iv. Refrain from unjustifiable interference
v. Shall include those necessary to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or
endangered (194).
4. Not to transfer, directly or indirectly, damage or hazards, or transform one type of pollution into another (195).
5. To prevent, reduce and control pollution of the marine environment resulting from the use of technologies under their jurisdiction or control, or the
intentional or accidental introduction of species, alien or new, to a particular part of the marine environment, which may cause significant and harmful
changes thereto (196).
Global And Regional Cooperation
1. Cooperation on a global or regional basis in formulating and elaborating international rules, standards and recommended practices and procedures
consistent with this Convention taking into account characteristic regional features (197).
2. Notification of imminent or actual damage immediately to other States it deems likely to be affected by such damage, as well as the competent
international organizations (198).
3. States shall jointly develop and promote contingency plans for responding to pollution incidents in the marine environment (199).
4. Studies, research programmes and exchange of information and data to participate actively in regional and global programmes to acquire knowledge
(200), including scientific criteria for regulations (201).
Obligation of Developed States and Competent International Organizations
1. Promote programmes of scientific, educational, technical and other assistance to developing States. Such assistance shall include, inter alia:
(i) training of their scientific and technical personnel;
(ii) facilitating their participation in relevant international programmes;
(iii) supplying them with necessary equipment and facilities;
(iv) enhancing their capacity to manufacture such equipment;
(v) advice on and developing facilities for research, monitoring, educational and other programmes;
2. Provide appropriate assistance, especially to developing States, for the minimization of the effects of major incidents which may cause serious
pollution of the marine environment; and those concerning the preparation of environmental assessments (202).
3. Preferential treatment for developing States in the allocation of appropriate funds and technical assistance; and the utilization of their specialized
services (203).

Monitoring And Environmental Assessment

1. Monitoring of the risks or effects of pollution to observe, measure, evaluate and analyse, by recognized scientific methods. States shall keep under
surveillance the effects of any activities which they permit or in which they engage in order to determine whether these activities are likely to pollute the
marine environment (204).
i. Publication of reports of these results or provide such reports at appropriate intervals to the competent international organizations, which
should make them available to all States (205).
ii. Assessment of potential effects of activities (206).
Pollution from land-based sources:
1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources including:
a. Rivers
b. Estuaries
c. Pipelines
d. Outfall structures
2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.
3. It shall include those designed to minimize, to the fullest extent possible, the release of toxic, harmful or noxious substances, especially those
which are persistent, into the marine environment.
Enforcement:
States shall enforce their laws and regulations adopted and shall adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent international organizations or diplomatic conference to prevent, reduce
and control pollution of the marine environment from land-based sources.
Pollution from seabed activities subject to national jurisdiction:
1. Coastal States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment arising from or in
connection with seabed activities.
2. States shall take other measures as may be necessary to prevent, reduce and control such pollution which shall be no less effective than
international rules, standards and recommended practices and procedures.
3. States, acting especially through competent international organizations or diplomatic conference, shall establish global and regional rules,
standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment which shall be
examined from time to time.
Enforcement:
States shall enforce their laws and regulations adopted and shall adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent international organizations or diplomatic conference to prevent,
reduce and control pollution of the marine environment arising from or in connection with seabed activities subject to their jurisdiction,
Pollution from activities in the area:
1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from activities in the Area
undertaken by vessels, installations, structures and other devices which shall be no less effective than international rules, standards and
recommended practices and procedures.
Enforcement:
Enforcement of international rules, regulations and procedures established to prevent, reduce and control pollution of the marine environment
from activities in the Area
Pollution by dumping
1. States shall adopt laws and regulations and take other measures as may be necessary to prevent, reduce and control pollution of the marine
environment by dumping.
2. Such laws, regulations and measures shall ensure that dumping is not carried out without the permission of the competent authorities of
States.
3. States, acting especially through competent international organizations or diplomatic conference, shall endeavor to establish global and
regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution. Such rules, standards
and recommended practices and procedures shall be re-examined from time to time as necessary.
4. Dumping within the territorial sea and the exclusive economic zone or onto the continental shelf shall not be carried out without the express
prior approval of the coastal State, which has the right to permit, regulate and control such dumping after due consideration of the matter with
other States which by reason of their geographical situation may be adversely affected thereby.
5. National laws, regulations and measures shall be no less effective in preventing, reducing and controlling such pollution than the global rules
and standards.
Enforcement:
Laws and regulations adopted in accordance with this Convention and applicable international rules and standards established through
competent international organizations or diplomatic conference for the prevention, reduction and control of pollution of the marine environment
by dumping shall be enforced:
(a)

by the coastal State with regard to dumping within its territorial sea or its exclusive economic zone or onto its continental shelf;

(b)

by the flag State with regard to vessels flying its flag or vessels or aircraft of its registry;

(c)

by any State with regard to acts of loading of wastes or other matter occurring within its territory or at its off-shore terminals.

No State shall be obliged by virtue of this article to institute proceedings when another State has already instituted proceedings in accordance
with this article
Pollution from vessels
1. States, acting through the competent international organization or general diplomatic conference, shall establish international rules and
standards to prevent, reduce and control pollution of the marine environment from vessels and promote the adoption, in the same manner,
wherever appropriate, of routing systems designed to minimize the threat of accidents which might cause pollution of the marine environment.
2. States which establish particular requirements for the prevention, reduction and control of pollution of the marine environment as a condition
for the entry of foreign vessels. Every State shall require the master of a vessel flying its flag or of its registry, when navigating within the
territorial sea of a State participating in such cooperative arrangements, to furnish, upon the request of that State, information as to whether it
is proceeding to a State of the same region participating in such cooperative arrangements and, if so, to indicate whether it complies with the
port entry requirements of that State. This article is without prejudice to the continued exercise by a vessel of its right of innocent passage.
3. Coastal States may, in the exercise of their sovereignty within their territorial sea, adopt laws and regulations for the prevention, reduction and
control of marine pollution from foreign vessels, including vessels exercising the right of innocent passage.
4. The coastal States, after appropriate consultations through the competent international organization with any other States concerned, may, for
that area, direct a communication to that organization, submitting scientific and technical evidence in support and information on necessary
reception facilities. Within 12 months after receiving such a communication, the organization shall determine whether the conditions in that
area correspond to the requirements set out above. If the organization so determines, the coastal States may, for that area, adopt laws and
regulations for the prevention, reduction and control of pollution from vessels implementing such international rules and standards or
navigational practices as are made applicable, through the organization, for special areas. These laws and regulations shall not become
applicable to foreign vessels until 15 months after the submission of the communication to the organization.
The coastal States shall publish the limits of any such particular, clearly defined area. If the coastal States intend to adopt additional laws and
regulations for the same area for the prevention, reduction and control of pollution from vessels, they shall, when submitting the aforesaid
communication, at the same time notify the organization thereof. Such additional laws and regulations may relate to discharges or navigational
practices but shall not require foreign vessels to observe design, construction, manning or equipment standards other than generally accepted
international rules and standards; they shall become applicable to foreign vessels 15 months after the submission of the communication to the
organization, provided that the organization agrees within 12 months after the submission of the communication.
5. These rules and standards shall include prompt notification to coastal States, whose coastline or related interests may be affected by
incidents, including maritime casualties, which involve discharges or probability of discharges.
Enforcement by flag States:
1.

States shall ensure compliance by vessels flying their flag or of their registry with applicable international rules and standards and
with their laws and regulations adopted in accordance with this Convention for the prevention, reduction and control of pollution of
the marine environment from vessels.
2.
States shall, in particular, take appropriate measures in order to ensure that vessels flying their flag or of their registry are prohibited
from sailing, until they can proceed to sea in compliance with the requirements of the international rules and standards.
3.
States shall ensure that vessels flying their flag or of their registry carry on board certificates required by and issued pursuant to
international rules and standards These certificates shall be accepted by other States as evidence of the condition of the vessels and shall be
regarded as having the same force as certificates issued by them, unless there are clear grounds for believing that the condition of the vessel
does not correspond substantially with the particulars of the certificates.
4.
If a vessel commits a violation of rules and standards established through the competent international organization or general
diplomatic conference, the flag State, shall provide for immediate investigation and where appropriate institute proceedings in respect of the
alleged violation irrespective of where the violation occurred or where the pollution caused by such violation has occurred or has been spotted.
5.
Flag States conducting an investigation of the violation may request the assistance of any other State whose cooperation could be
useful in clarifying the circumstances of the case.
6.
States shall, at the written request of any State, investigate any violation alleged to have been committed by vessels flying their flag.
If satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, flag States shall without
delay institute such proceedings in accordance with their laws.
7.
Flag States shall promptly inform the requesting State and the competent international organization of the action taken and its
outcome. Such information shall be available to all States.
Enforcement by port states:
When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State may undertake investigations and, where the
evidence so warrants, institute proceedings in respect of any discharge from that vessel outside the internal waters, territorial sea or exclusive
economic zone of that State in violation of applicable international rules and standards established through the competent international
organization or general diplomatic conference.
When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State shall, as far as practicable, comply with requests
from any State for investigation of a discharge violation believed to have occurred in, caused, or threatened damage to the internal waters,
territorial sea or exclusive economic zone of the requesting State. It shall likewise, as far as practicable, comply with requests from the flag
State for investigation of such a violation, irrespective of where the violation occurred.
The records of the investigation carried out by a port State pursuant to this article shall be transmitted upon request to the flag State or to the
coastal State. Any proceedings instituted by the port State on the basis of such an investigation may, subject to section 7, be suspended at the
request of the coastal State when the violation has occurred within its internal waters, territorial sea or exclusive economic zone.
Enforcement by coastal state:
When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State may institute proceedings in respect of any violation
of its laws and regulations adopted in accordance with this Convention or applicable international rules and standards for the prevention,
reduction and control of pollution from vessels when the violation has occurred within the territorial sea or the exclusive economic zone of that
State.
Where there are clear grounds for believing that a vessel navigating in the territorial sea of a State has, during its passage, violated laws and
regulations of that State for the prevention, reduction and control of pollution from vessels, that State, may undertake physical inspection of the
vessel relating to the violation and may, where the evidence so warrants, institute proceedings, including detention of the vessel.

Where there are clear grounds for believing that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation resulting in a substantial discharge causing or threatening significant pollution of the marine
environment, that State may undertake physical inspection of the vessel for matters relating to the violation.
Notwithstanding, whenever appropriate procedures have been established, either through the competent international organization or as
otherwise agreed, whereby compliance with requirements for bonding or other appropriate financial security has been assured, the coastal
State if bound by such procedures shall allow the vessel to proceed.
Pollution from or through atmosphere:
1.
States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from or through the
atmosphere
2.
States, acting especially through competent international organizations or diplomatic conference, shall endeavor to establish global
and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution.
Enforcement:
States shall enforce, within the air space under their sovereignty or with regard to vessels flying their flag or vessels or aircraft of their registry
shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards reduce and
control pollution of the marine environment from or through the atmosphere, in conformity with all relevant international rules and standards
concerning the safety of air navigation.
"Maritime Casualty" means a collision of vessels, stranding or other incident of navigation, or other occurrence on board a vessel or external to it
resulting in material damage or imminent threat of material damage to a vessel or cargo.
Nothing in this Part shall prejudice the right of States, pursuant to international law, both customary and conventional, to take and enforce measures
beyond the territorial sea proportionate to the actual or threatened damage to protect their coastline or related interests, including fishing, from pollution
or threat of pollution following upon a maritime casualty or acts relating to such a casualty, which may reasonably be expected to result in major harmful
consequence.
Safeguards
1. States shall take measures to:
i. Facilitate the hearing of witnesses
ii. Admission of evidence submitted by authorities of another State, or by the competent international organization
iii. Facilitate the attendance at such proceedings of official representatives of the competent international organization, the flag State and any
State affected by pollution arising out of any violation.
Official representatives attending such proceedings shall have such rights and duties as may be provided under national laws and regulations or
international law (223).
2. Can only be exercised by officials or by warships, military aircraft, or other ships or aircraft (224).
3. States shall not endanger the safety of navigation or otherwise create any hazard to a vessel, or bring it to an unsafe port or anchorage, or expose the
marine environment to an unreasonable risk (225).
4. With respect to straits used for international navigation
a. any warship, naval auxiliary, other vessels or aircraft owned or operated by a State and used, for the time being, only on government noncommercial service
(i) Safety of navigation and the regulation of maritime traffic and
(ii) Discharge of oil, oily wastes and other noxious substances in the strait, causing or threatening major damage to the marine
environment of the straits (233).
On foreign vessels
1.
2.
3.

4.
5.
6.

Not delay a foreign vessel

Limited to an examination of such certificates, records or other documents
Further physical examination allowed only when:
a. Does not correspond with the particulars of those documents
b. Not sufficient to confirm or verify a suspected violation
c. Not carrying valid certificates and records
If there is a violation, release shall be subject to procedures such as bonding or other appropriate financial security
Unreasonable threat or damage to the marine environment (226).
Non-discrimination in form or in fact against vessels of any other State (227).

On procedural matters
1. Suspension and restrictions on institution of proceedings
a. Penalties on foreign vessels shall not be instituted after the expiry of three years from the date on which the violation was committed
(228).
2. Institution of civil proceedings
a. Nothing in this Convention affects the institution of civil proceedings (229).
3. Monetary penalties and the observance of recognized rights of the accused
a. only may be imposed with respect to violations committed by foreign vessels beyond the territorial sea
b. violations except in the case of a wilful and serious act of pollution in the territorial sea
c. recognized rights of the accused shall be observed (229).
Flag
1.
2.
3.
4.

promptly notify the flag State and any other State concerned of any measures taken
submit to the flag State all official reports concerning such measures
violations committed in the territorial sea, apply only to such measures as are taken in proceedings
diplomatic agents or consular officers shall be immediately informed of any such measures (231).

Ice-covered areas
Prevention, reduction and control of marine pollution from vessels in ice-covered areas within the limits of the exclusive economic zone
1. severe climatic conditions and the presence of ice; most of the year create obstructions
2. exceptional hazards to navigation
3. pollution of the marine environment (234).
Liabilities and Responsibilities
1.
2.
3.
4.

For damage or loss attributable to them arising from measures taken when such measures are:
a. Unlawful
b. Exceed those reasonably required (232).
Responsible for the FULFILLMENT of their international obligations
ENSURE that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief in respect of
damage
COOPERATE in the implementation of existing international law and the further development of international law relating to responsibility and
liability for the assessment of and compensation for damage and the settlement of related disputes (235).

Sovereign Immunity
Do not apply to any warship, naval auxiliary, other vessels or aircraft owned or operated by a State and used, for the time being, only on government
non-commercial service (236).
Other conventions and agreements
Concluded previously which relate to the protection and preservation of the marine environment and to agreements which may be concluded in
furtherance of the general principles set forth in this Convention, and should be carried out in a manner consistent with the general principles and
objectives of this Convention (237).
ANNEX VII: ARBITRATION
Institution of proceedings
Any party to a dispute may submit the dispute to the arbitral procedure provided for in this Annex by written notification addressed to the other party or
parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based (A1).
Arbitral Tribunal
1. Nominees A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be
entitled to nominate four arbitrators, each of whom shall be a person experienced in maritime affairs and enjoying the highest reputation for
fairness, competence and integrity
a. If fewer than four, that State Party shall be entitled to make further nominations as necessary
b. Names listed may be withdrawn by the State Party that made the nomination, provided that such arbitrator shall continue to serve
on any arbitral tribunal to which that arbitrator has been appointed until the completion of the proceedings before that arbitral tribunal
(A2).
2. Constitution Arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:
a. The arbitral tribunal shall consist of five members.
i. The party instituting the proceedings shall appoint one member to be chosen preferably from the list referred to in
article 2 of this Annex, who may be its national.
1. The appointment shall be included in the notification referred to in article l of this Annex.
ii. The other party to the dispute shall, within 30 days of receipt of the notification referred to in article l of this Annex, appoint
one member to be chosen preferably from the list, who may be its national.
1. If the appointment is not made within that period, the party instituting the proceedings may, within two weeks of
the expiration of that period, request that the appointment be made.
iii. If both parties were not able to appoint, the President of the International Tribunal for the Law of the Sea shall make the
necessary appointments. If not, by the next senior member of the International Tribunal for the Law of the Sea who is
available and is not a national of one of the parties.
1. Shall be made from the list referred to in article 2 of this Annex within a period of 30 days of the receipt of the
request and in consultation with the parties. The members so appointed shall be of different nationalities and
may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the
dispute.
iv. The other three members shall be appointed by agreement between the parties. They shall be chosen preferably from
the list and shall be nationals of third States unless the parties otherwise agree.
1. The parties to the dispute shall appoint:
a. The President of the arbitral tribunal from among those three members within 60 days of receipt of
the notification
i. If unable to reach agreement on the appointment of one or more of the members of the
tribunal to be appointed by agreement, or on the appointment of the President, the
remaining appointments shall be made in accordance with (iii), or at the request of a party
to the dispute.
1. Such request shall be made within two weeks of the expiration of the
aforementioned 60-day period.
b. Parties in the same interest shall appoint one member of the tribunal jointly by agreement. In disputes involving more than two
parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible. (A3).
3. Independent authority Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure, assuring to
each party a full opportunity to be heard and to present its case (A5).
4. Cooperative facilitation Parties in dispute shall:
a. (a) provide it with all relevant documents, facilities and information; and (b) enable it when necessary to call witnesses or experts
and receive their evidence and to visit the localities to which the case relates (A6).
b. Expenses be borne including the remuneration of its members, unless the tribunal decides otherwise (A7).

5.

c. In default of appearance, the other party may request the tribunal to continue the proceedings and to make its award (A9).
Functions:
a. Required majority of votes of its members absence or abstention of less than half of the members shall not constitute a bar to
the tribunal reaching a decision.
i. In the event of an equality of votes, the President shall have a casting vote (A8).
b. Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute but also that the claim
is well founded in fact and law (A9).
i. Award:
1. confined to the subject-matter of the dispute and state the reasons on which it is based
2. contain the names of the members who have participated
3. date of the award
4. separate or dissenting opinion to the award, if any (A10).
5. final and without appeal, unless the parties to the dispute have agreed in advance to an appellate procedure
(A11).
6. Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of
implementation of the award may be submitted by either party for decision to the arbitral tribunal which made
the award.
a. For this purpose, any vacancy in the tribunal shall be filled in the manner provided for in the original
appointments of the members of the tribunal. Any such controversy may be submitted to another
court or tribunal under article 287 by agreement of all the parties to the dispute (A12).

Application to entities other than States Parties

Mutatis mutandis to any dispute involving entities other than States Parties (A13).
ANNEX VIII. SPECIAL ARBITRATION
Article 1 Institution of proceedings
Subject to Part XV, any party to a dispute concerning the interpretation or application of the articles of this Convention relating to (1) fisheries, (2)
protection and preservation of the marine environment, (3) marine scientific research, or (4) navigation, including pollution from vessels and by dumping,
may submit the dispute to the special arbitral procedure provided for in this Annex by written notification addressed to the other party or parties to the
dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based.
Article 2 Lists of experts
1. A list of experts shall be established and maintained in respect of each of the fields of (1) fisheries, (2) protection and preservation of the marine
environment, (3) marine scientific research, and (4) navigation, including pollution from vessels and by dumping.
2. The lists of experts shall be drawn up and maintained, in the field of fisheries by the Food and Agriculture Organization of the United Nations, in the
field of protection and preservation of the marine environment by the United Nations Environment Programme, in the field of marine scientific research
by the Intergovernmental Oceanographic Commission, in the field of navigation, including pollution from vessels and by dumping, by the International
Maritime Organization, or in each case by the appropriate subsidiary body concerned to which such organization, programme or commission has
delegated this function.
3. Every State Party shall be entitled to nominate two experts in each field whose competence in the legal, scientific or technical aspects of such field is
established and generally recognized and who enjoy the highest reputation for fairness and integrity. The names of the persons so nominated in each
field shall constitute the appropriate list.
4. If at any time the experts nominated by a State Party in the list so constituted shall be fewer than two, that State Party shall be entitled to make further
nominations as necessary.
5. The name of an expert shall remain on the list until withdrawn by the State Party which made the nomination, provided that such expert shall continue
to serve on any special arbitral tribunal to which that expert has been appointed until the completion of the proceedings before that special arbitral
tribunal.
Article 3 Constitution of special arbitral tribunal
For the purpose of proceedings under this Annex, the special arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:
(a) Subject to subparagraph (g), the special arbitral tribunal shall consist of five members.
(b) The party instituting the proceedings shall appoint two members to be chosen preferably from the appropriate list or lists referred to in article 2 of this
Annex relating to the matters in dispute, one of whom may be its national. The appointments shall be included in the notification referred to in article 1 of
this Annex.
(c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in article 1 of this Annex, appoint two members to be
chosen preferably from the appropriate list or lists relating to the matters in dispute, one of whom may be its national. If the appointments are not made
within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointments be made in
accordance with subparagraph (e).
(d) The parties to the dispute shall by agreement appoint the President of the special arbitral tribunal, chosen preferably from the appropriate list, who
shall be a national of a third State, unless the parties otherwise agree. If, within 30 days of receipt of the notification referred to in article l of this Annex,
the parties are unable to reach agreement on the appointment of the President, the appointment shall be made in accordance with subparagraph (e), at
the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 30-day period.
(e) Unless the parties agree that the appointment be made by a person or a third State chosen by the parties, the Secretary-General of the United
Nations shall make the necessary appointments within 30 days of receipt of a request under subparagraphs (c) and (d). The appointments referred to in
this subparagraph shall be made from the appropriate list or lists of experts referred to in article 2 of this Annex and in consultation with the parties to the
dispute and the appropriate international organization. The members so appointed shall be of different nationalities and may not be in the service of,
ordinarily resident in the territory of, or nationals of, any of the parties to the dispute.
(f) Any vacancy shall be filled in the manner prescribed for the initial appointment.
(g) Parties in the same interest shall appoint two members of the tribunal jointly by agreement. Where there are several parties having separate interests
or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal.
(h) In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible.
Article 4 General provisions
Annex VII, articles 4 to 13, apply mutatis mutandis to the special arbitration proceedings in accordance with this Annex.

Article 5 Fact finding

1. The parties to a dispute concerning the interpretation or application of the provisions of this Convention relating to (l) fisheries, (2) protection and
preservation of the marine environment, (3) marine scientific research, or (4) navigation, including pollution from vessels and by dumping, may at any
time agree to request a special arbitral tribunal constituted in accordance with article 3 of this Annex to carry out an inquiry and establish the facts giving
rise to the dispute.
2. Unless the parties otherwise agree, the findings of fact of the special arbitral tribunal acting in accordance with paragraph 1, shall be considered as
conclusive as between the parties.
3. If all the parties to the dispute so request, the special arbitral tribunal may formulate recommendations which, without having the force of a decision,
shall only constitute the basis for a review by the parties of the questions giving rise to the dispute.
4. Subject to paragraph 2, the special arbitral tribunal shall act in accordance with the provisions of this Annex, unless the parties otherwise agree.

C. ARTICLES
1. World Tribunal to Protect Environment
2. ASEAN (Better, faster)
3. Armed Conflict and the Environment: Legal Perspectives
PRINCIPLES OF LAW OF WAR
1. Principle of necessity in order to achieve a legitimate military advantage
2. Principle of proportionality if the expected military advantage outweighs the anticipated collateral damage
3. Principle of discrimination if it sufficiently discriminates between military and civilian objects (combatants and non combatants)
4. Principle of humanity minimal force necessary to achieve enemys submission
HAZARDOUS EFFECTS
1. Long lasting chemical pollution on land, maritime and atmospheric areas
2. Despoliation of land by mines and other dangerous objects
3. Threats to water supplies and other necessities of life, as well as cultures (WHC, Ramsar, etc.)
4. Scorched Earth policy
5. Inherently destructive of sustainable development
CONDUCT OF MILITARY
In 1968 Declaration of St. Petersburg limiting operations to the objective of weakening military force of the enemy
Principle of due diligence
o
sovereign right
o
international responsibility
Precautionary Principle
o
precautionary approach against threats and irreversible or serious damages
o
lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental
degradation
o
prevent the invention of new destructive weapons
VIETNAM WAR (AGENT ORANGE)

large scale defoliation campaign by the use of bulldozers to remove topsoil from thousands of hectares of land and seeded clouds
GULF WAR

setting oil wells ablaze is not an environmental modification technique under ENMOD

smart bombs reduces unnecessary collateral damage

KOSOVO CONFLICT

bombing of a fertilizer, oil refinery and petrochemical plant complex

pollution of the Danube River and bombing of industrial facilities and pollution on protected natural areas and the use of depleted uranium
shells, land mines and cluster bombs
IRAQ & AFGHANISTAN + ISRAEL & LEBANON

damage to the environment incidental to military activities

IDENTIFYING PROTECTED AREAS

RAMSAR & WHC

MARTENS CLAUSE rules and principles of the laws of the nations