OVERVIEW OF FUNDAMENTAL

PRINCIPLES ON ENVIRONMENTAL
JUSTICE
Prof. Sedfrey M. Candelaria
Head, Research, Publications and Linkages Office
Chair, Department of Special Areas of Concern
Philippine Judicial Academy
I. INTRODUCTION: SCOPE OF INQUIRY

A. Concept of Environment
Basic Elements of the Earth: air, land and
water
All living elements of the earth as well as
natural resources
Holistic: place of humans in the
environment
I. INTRODUCTION: SCOPE OF INQUIRY
B. Theory of Environmental Justice
Lazarus Environmental Justice focuses on the
distribution of environmental hazards across
society and seeks a fair distribution of those
hazards x x x
Hofrichters x x x equal access to natural
resources and the rights to clean air and water,
adequate health care, affordable shelter, and a
safe workplace x x x.
II. PRELIMINARY CONSIDERATIONS

A. Environmental Protection v. Development

1. Brundtland Commission (1987):
Sustainable Development
integrates environmental and
developmental aspirations at all levels of
decision-making.
development that meets the needs of
the present without compromising the
ability of future generations to meet their
own needs.
II. PRELIMINARY CONSIDERATIONS

B. Legal Characterization of Environmental Protection

Principles
1. Challenging Traditional Legal Systems (not
indigenous law) as impediments
(i) concept of right and duty bearers: only
the living
(ii) only human beings as possessed with
rights
(iii) absolute freedom of contract
(iv) absolute ownership
2. Shifting Notion of State Sovereignty:
From individualist to socially oriented
pollution does not recognize the
doctrine of state sovereignty as it
proceeds beyond state boundaries
 III. DEVELOPMENT OF NORMATIVE STANDARDS
IN ENVIRONMENTAL PROTECTION
A. Stockholm Declaration (1972)
Principle 1 fundamental right to x x x adequate
conditions of life, in an environment of a quality that
permits a life of dignity and well-being, and a solemn
responsibility to protect and improve the environment
for present and future generations x x x.
Principle 21 states have, in accordance with the
Charter of the United Nations and the Principles of
International Law, the sovereign right to exploit their
own resources pursuant to 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.
III. DEVELOPMENT OF NORMATIVE STANDARDS
IN ENVIRONMENTAL PROTECTION
B. Brundtland Report (1987)
e.g. intergenerational and intra-generational
equity equitable access to
environmental resources both within the
present generation as well as for future
generations
e.g. precautionary principle
e.g. maintenance of biological diversity and
biological integrity
III. DEVELOPMENT OF NORMATIVE STANDARDS
IN ENVIRONMENTAL PROTECTION
C. World Charter for Nature (1992)

- Respect for nature; principles of conservation

of the environment; exploitation of non-
renewable resources with restraint; use of
best available technologies.
III. DEVELOPMENT OF NORMATIVE STANDARDS
IN ENVIRONMENTAL PROTECTION
D. Rio Declaration (1992) and AGENDA 21
Principle 1 Human beings x x x center of
concerns for sustainable development x x x
entitled to a healthy and productive life in
harmony with nature.
Principle 3 x x x meet x x x needs of present
and future generations.
Principle 8 x x x environmental protection x x x
an integrated part of developmental process x
x x.
Principle 10
x x x participation of all concerned citizens x x x
x x x access to information concerning the
environment x x x
x x x effective access to judicial and administrative
proceedings x x x
Principle 15
x x x the precautionary approach shall be widely
applied by states according to their capabilities.
Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be
used as reason for postponing cost-effective
measures to prevent environmental degradation.
Principle 16
x x x the polluter should, in principle, bear the cost
of pollution, x x x
Principle 17
x x x EIA x x x as a national instrument x x x
IV. THE CORE ENVIRONMENTAL LAW RIGHTS
AND DUTIES IN RELATION TO PHILIPPINE
CONSTITUTIONAL LAW FRAMEWORK
A. Right to Life and Health
INTERNATIONAL CONSTITUTION

erga omnes (non-derogable) A3, S.1 (life) in relation to A2,

ratio legis (ECOSOC) of S.15 (health) and 16 (ecology),
environmental law A13, S.11-13 (health)
more than absence of illness
W.H.O. the attainment by all
citizens x x x of a level of
health that will permit them to
lead a socially and
economically productive life
Health problems related to x x
x environmental living
conditions; health status is a
first indicator of environmental
degradation x x x
B. Freedom of Association
INTERNATIONAL CONSTITUTION

A 20, UDHR A3, S.8 (association) in relation

to A2, S.18 (labor), A13, S.3
A 21, ICCPR (labor), A13, S.15-16 (peoples
organizations)
C. Right to Access to Information and Participation
INTERNATIONAL CONSTITUTION

A 19, UDHR A3, S.7 (matters of public

concern)
A 19, ICCPR
Principle 10: Rio Declaration
(access to environmental
information)
Principles 18 and 19
(notification in transboundary
environmental disasters)
D. Sectoral Concerns
INTERNATIONAL CONSTITUTION

1. Indigenous Peoples
ILO 169 (Tribal Population)
UNDRIPS, 2007
Principle 22, Rio Declaration +
Chapter 26, Agenda 21
A12, S.5 (ancestral domain) in
relation to A2, S.22 (indigenous
peoples), A10, S.15-21
(autonomous region), A13, S.6
(ancestral lands)

2. Women
A2, S.14 (women), A13, S.14
Principle 20, Rio Declaration (women)
1993 Vienna Declaration

Part 1, par (18) equal

participation of women

3. Children
Article 29, par 9 (e), CRC A2, S.12 (child) and 13 (youth)
D. Sectoral Concerns
INTERNATIONAL CONSTITUTION
4. Migrant Workers
Migrant Workers Convention A13, S.3 (overseas workers)

5. Disabled A13, S.11 (disabled)

Environmental factors often
responsible for disability

6. Refugees, Internally Displaced and

Victims of Armed Conflict
Deterioration of environment as a
main cause of displacement
1977 Protocol 1 Additional to Four R.A. No. 9851 (IHL)
Geneva Conventions of 1949
Article 35, par. 3 prohibited means
of warfare
Article 55 attacks v. environment
Principle 26 of Stockholm Declaration,
pars. 5 and 20 of World Charter
Principle 24 of Rio Declaration
V. CONCLUDING OBSERVATIONS: PARADIGM
SHIFT AND NORMATIVE CREATIVITY
Jurisprudence:

Oposa v. Factoran intergenerational responsibility

Zia v. Wapda citizens suit; precautionary principle

Farooque v. Bangladesh locus standi

Mehta v. Kamal Nath public trust; polluter pays

MMDA v. Concerned Citizens continuing

mandamus (clean-up of Manila Bay)