SPECIAL ISSUES IN INTERNATIONAL LAW: ENVIRONMENTAL LAW

LOSS OF BIODIVERSITY AND

ENDANGERED SPECIES
BASA, PUJALTE, SARMIENTO, TELLANO, YAP

I. ENDANGERED SPECIES
type of organism that is threatened by
extinction. Species become endangered
for two main reasons: loss of habitat and
loss of genetic variation.

INTERNATIONAL
UNION FOR RED HOW ARE THE
SPECIES
LIST CLASSIFIED?
CONSERVATION OF
NATURE (IUCN)
founded in 1965, has evolved to become the world's
most comprehensive inventory of the global
conservation status of biological species.

Extinct (EX), Extinct In The Wild (EW), Critically Endangered (CR), Endangered (EN),

Vulnerable (VU), Near Threatened (NT), Near Threatened (NT), Least Concern (LC)

/IN THE
PHILIPPINES /
PHILIPPINE
BIODIVERSITY
STATUS &
INTERNATIONAL
AGREEMENTS
What are Endangered and Endemic Species?
ENDANGERED:
A SPECIES PRESENT IN SUCH SMALL
NUMBERS THAT IT IS AT RISK OF
EXTINCTION.
ENDEMIC: Super Endemics Examples:
AN ORGANISM EXCLUSIVELY NATIVE Tawilis, (Found only in Taal Lake)
Isarog Shrew Rat, (Found only in Mt, Isarog)
TO A PLACE OR BIOTA. Cebu Black Shama (Found only in Cebu Island)

The Philippines is considered one of the 18 megadiverse countries

Has more than 52,177 described species, half of which are endemic found
nowhere else in the world.
On a per unit area basis, the Philippines probably harbors more diversity of
life than any other country on the planet.
              The country is also considered a biodiversity hotspot. This is
because the Philippines continues to experience an alarming rate of
destruction of these important resources brought about by overexploitation,
deforestation, land degradation, climate change, and pollution (including
biological pollution), among others.
II. BIO-DIVERSITY RELATED MULTILATERAL ENVIRONMENTAL
AGREEMENTS & THEIR SPECIAL MISSIONS

CONVENTION ON THE CONSERVATION CONVENTION ON INTERNATIONAL LUSAKA AGREEMENT ON COOPERATIVE

OF MIGRATORY SPECIES OF WILD TRADE IN ENDANGERED SPECIES OF ENFORCEMENT OPERATIONS DIRECTED AT
ANIMALS WILD FAUNA AND FLORA ILLEGAL TRADE IN WILD FAUNA AND FLORA

signed in 1979 in Bonn, meeting of representatives of 80 adopted in Lusaka, Zambia

Germany; entered into countries in Washington, D.C., the on 8th  September 1994
United States of America, on 3 hence “Lusaka Agreement”.
force in 1983 March 1973, and on 1 July 1975 And came into force on 10th
CITES entered in force December 1996

Focused on Migration of Regulates international Focused on reducing and

species trade on the basis of a
system of permits and
certificate
AIM:
AIM:
Its aim is to ensure that international trade
Aims to conserve terrestrial,
in specimens of wild animals and plants
marine, and avian migratory
does not threaten their survival.
species throughout their
Establishes an international legal
range
framework with common procedural
mechanisms for the prevention of
international commercial trade in
endangered species, and for an effective
regulation of international trade in others
ultimately eliminating
illegal trade in wild fauna
and flora in Africa
AIM:
Its objective is to reduce and ultimately
eliminate illegal trade in wild fauna and
flora. The Agreement builds upon and
supports implementation of the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora (CITES) in Africa.

PARTIES:
Currently 119 Parties to CMS
countries including North Korea have not
PARTIES:
PARTIES:
So far seven (7) countries have acceded to the
Currently 183 Parties only a handful of
Agreement namely the Republics of Congo
(Brazzaville), Kenya, Uganda, Zambia, the
signed Kingdom of Lesotho, United Republic of
Tanzania and Liberia. The Republics of
Ethiopia, South Africa and the Kingdom of
Swaziland are signatories to the Agreement.

Article 12(3) of the Lusaka Final Act, states that

12th Meeting of the
Conference of the Parties to
CMS was concluded in the
Philippines last October 23,
2017. (India in 2020)
CITES is an international agreement to which
States and regional economic integration
organizations adhere voluntarily. States that
have agreed to be bound by the Convention
('joined' CITES) are known as Parties.
Although CITES is legally binding on the
Parties – in other words they have to
implement the Convention – it does not take
the place of national laws. Rather it provides a
framework to be respected by each Party,
which has to adopt its own domestic
legislation to ensure that CITES is
implemented at the national level.
the “Agreement shall remain open for
accession by any African state”. Consequently,
all African countries are eligible for
membership to the Lusaka Agreement for as
long as they accept and comply with their
obligations under it.
Does LATF assist or work with non-Party
States?
Yes, the Task Force occasionally works with
non-Party States through their relevant
wildlife entities and law enforcement
agencies especially on issues affecting
Party States, including capacity building
programmes
 EXAMPLES OF SPECIES LISTED IN from

FOUND IN THE PHILIPPINES

ALL OF THESE SPECIES ARE UNDER 

CITES APPENDIX I
DO NOT PATRONIZE THE SELLING OF
THESE SPECIES OR ITS BY-PRODUCTS
ENDEMIC:
AN ORGANISM EXCLUSIVELY NATIVE
TO A PLACE OR BIOTA.

MIGRATORY BIRDS IN THE PHILIPPINES

LATF leads investigation team to the Philippines on

follow up on 4,861 tonnes of elephant ivory siezed
in Manila exported from Port of Dar-es-Salaam
 
received information from Interpol NCB-Dar es Salaam
concerning the seizure of elephant ivory with total
weight of 4,861kg by the Bureau of Customs (BOC) at
the port area in Manila, the Philippines. The ivory had
originated from the port of Dar es Salaam, Tanzania.
Following that information, in June 2009, a combined
investigation team was formed comprising of officers
from the Tanzania Wildlife Division (TWD), Interpol
NCB – Dar es Salaam and Lusaka Agreement Task
Force.
 
The team verified the seized elephant ivory and
collected documents and other evidence from
relevant authorities in Manila, The Philippines that
will be tendered in court to strengthen the
prosecution of the suspects of illegal shipment of
the contraband.
BIOLOGICAL
DIVERSITY
Biological diversity is the variability among living organisms from all sources, which includes diversity
within species, between species, and of ecosystems of which they are a part—the millions of animals,
plants, and smaller organisms that live on the planet.

Such services include

WHY THE NEED? • provisioning services that provide goods
IT MAKES SURVIVAL consumed directly or used to produce food, fresh
POSSIBLE water, and timber;
• regulating services that help to maintain air and
THESE ARISE FROM water quality, and mitigate storms and flooding;
SERVICES THAT OCCUR • cultural services that support recreation,
IN OUR ECOSYSTEM aesthetic enjoyment, and spiritual fulfillment;
and
• supporting services, such as soil formation,
nutrient cycling, and photosynthesis, that make
all other benefits possible.
Biodiversity operates at Biodiversity in the
three fundamental levels Philippines

GENES We contain 70% of all the

flora and fauna thanks to
SPECIES our geographical isolation,
diverse habitats and high
ECOSYSTEMS rates of endemism

CONVENTION ON BIODIVERSITY
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..

WHY?
The conservation of biodiversity is a
common concern of humankind. The
Convention on Biological Diversity
covers biodiversity at all levels:
ecosystems, species and genetic
resources. It also covers
biotechnology, including through the
Cartagena Protocol on Biosafety. In
fact, it covers all possible domains
that are directly or indirectly related
to biodiversity and its role in
development, ranging from science,
politics and education to agriculture,
business, culture and much more.
MAIN GOAL:
The main goal is to mainstream
biodiversity at different levels.
Throughout the Decade,
governments are encouraged to
develop, implement and
communicate the results of
national strategies for
implementation of the Strategic
Plan for Biodiversitymore.
SCOPE
The Convention has global coverage. Each
signatory has responsibility for the
conservation and sustainable use the
biological diversity within its own nation.
Signatories also have a responsibility to
manage their national processes and
activities which may threaten biological
diversity, regardless of where their effects
occur.
Signatories must cooperate in the
implementation of the Convention,
particularly on matters of mutual interest, for
example shared ecosystems and areas
beyond national jurisdiction such as the
oceans.
PARTIES:
As of 2016, the Convention has 196 parties,
which includes 195 states and the European
Union.
All UN member states—with the exception of
the United States—have ratified the treaty.
Non-UN member states that have ratified are
the Cook Islands, Niue, and the State of
Palestine. The Holy See and the states with
limited recognition are non-parties. The US
has signed but not ratified the treaty, and has
not announced plans to ratify it.

Source: wikipedia.org
BIOLOGICAL
DIVERSITY
NATIONAL ACTION IDENTIFICATION
A fundamental aspect of the AND MONITORING
Convention is the requirement for Enhancing knowledge and
implementation through national understanding of biological
strategies, plans and programs, and diversity and the impacts on it
the integration of conservation and are important measures
sustainable use of biological diversity addressed in the Convention.
into plans, programs and policies for
sectors such as agriculture, fisheries
and forestry and for cross-sectoral
matters such as land use planning
and decision making.

IN-SITU & EX-SITU CONSERVATION

In-situ conservation is the conservation of ecosystems,
natural habitats and species in their natural surroundings

Ex-situ conservation means conservation outside natural

habitats
MAIN SUSTAINABLE USE
POINTS: MINIMIZING ADVERSE IMPACTS
CAPACITY BUILDING
MINIMIZING ADVERSE
SUSTAINABLE
IMPACTS
USE
Various measures are to be undertaken by Signatories must introduce appropriate
signatories to promote sustainable use of procedures for environmental impact
biological diversity. These include integrating assessment of projects, programs and policies
consideration of the conservation and that are likely to have significant adverse effects
sustainable use of biological resources into on biological diversity. The Convention also
national decision-making; adopting measures
provides for the notification of activities which
for the use of biological resources which avoid
are likely to significantly damage biological
or minimize adverse impacts on biological
diversity and the promotion of emergency
diversity; supporting local populations to
response arrangements.
develop and implement remedial action in
degraded areas; and encouraging co-operation
between governmental authorities and the
private sector in developing methods for the
sustainable use of biological resources.

CBD IN THE PHILIPPINES

In compliance with the requirements of the convention, the Philippines has submitted
the following:
1. CBD National Report for 2014 (5th) The report analyzes efforts of the government in
addressing the threats to the country's biodiversity at all levels, for the period of 2009-
2013.

2. Programme of Work on Protected Areas (PoWPA) Action Plan as of 2012,. The

PoWPA serves as a status update for the country's level of compliance with 16
identified goals for Protected Areas, divided across four programme elements.

3. The National Biodiversity and Strategy Action Plan for 2015-2028 .The action plan
provides the roadmap of biodiversity conservation efforts by the Department for the
next decade.
BIOLOGICAL
DIVERSITY
Major highlights of accomplishments towards meeting the
strategies and the Aichi Biodiversity Targets include protected area
governance, wildlife enforcement and mainstreaming of biodiversity
concerns through policy guidelines. Other additional activities
related to the country's implementation of the Convention include:
- Removing Barriers on the Management of Invasive Alien Species on
Production and Protection Forest in the Philippines;
- Preparation of the Philippine Biodiversity Strategy and Action Plan;
- Yearly celebration of the International Day for Biological Diversity; and
- Maintenance  of the Philippine Clearing House Mechanism (CHM) on
Biodiversity.

Other Policies and programs implemented to fulfill the convention also

include:
- Establishment of Protected Areas in Terrestrial and Marine Ecosystems
- Various Administrative Orders that mandate sustainable use of the
country's biodiversity

POLICIES ISSUED IN ACCORDANCE OF CBD

Republic Act 8550 - Philippine Fisheries Code of 1998 (SEC. 11. Protection
of Rare, Threatened and Endangered Species. SEC. 97. Fishing or Taking
of Rare, Threatened or Endangered Species)

Republic Act 9147 - Wildlife Resources Conservation and Protection Act

of 2001

Threatened Species and their Categories, and the List of Other Wildlife
Species

Pursuant to Republic Act No. 9147, Otherwise Known as the Wildlife

Resources Conservation and Protection Act of 2001.

DENR Administrative Order No. 97-33 - Guidelines on the Issuance of

Permit for the Collection and Transport of Biological Specimens from
Protected Areas for Use by DENR Biodiversity Conservation
Programs/Projects
BIOSAFETY
WHAT IS IT?
The application of knowledge, methods, and

equipment with the objective of to prevent

exposure to infectious agents or biohazards.

-is the prevention of large-scale loss of biological

integrity, focusing both on ecology and human

health.

WHAT ARE EXAMPLES OF THE TECHNOLOGIES USED

IN THE AREA OF BIOSAFETY?
Genetically Modified Organisms (GMOs) are

animals, plants, and microorganisms, in which one or

more foreign genes are introduced, thereby being

“transgenic organisms”. These GMOs have

combinations of genes or genetic materials that

have been altered in a way that does not occur

naturally through mating or recombination.

WHAT ARE THE BENEFITS OF GMOS?

Mass production of therapeutically useful compounds,

vaccines, new drugs, diagnostic aids, novel or improved

industrial enzymes and crops with improved agronomic

(i.e. efficient for social management) or consumer

benefits. Other benefits include the following: improving

the quality of agricultural production, development of

animals and plants that are pest-resist, incorporated

vitamins beneficial for consumers, and decreases

dependency to fertilizers by farmers.

ARE THERE RISKS THAT MAY ARISE FROM GMOS?

Yes, genetic engineering raises issues of misuse. Some

of these create unintended organisms or genetic traits

that may irreversibly affect the ecological cycle. In

addition to these unwanted effects, it is inevitable that

some manifestations be dangerous to the human health.

IS THERE ANY INTERNATIONAL FRAMEWORK FOR BIOSAFETY?

The Organization for Economic Development and Cooperation (“OECD”) in

1986 published a book on Recombatant DNA safety Considerations, known as

the blue book. In 1990, the European Council undertook a major step in

ensuring biosafety by adopting the first international instruments regulating

biotechnology (i.e. Directive 90/220). Also, the United Nations Conference

on Environment and Development, in Rio de Jeneiro on 1992, where emphasis

was given on the importance of international cooperation on biosafety. In the

same year, the 1992 Convention on Biodiversity was instituted. This was the

first legal instrument after the EC directives to provide rules on

biotechnology.
BIOSAFETY

THE CARTAGENA PROTOCOL

Is an international agreement in handlings GMOs and Living Modified Organisms

(LMOs).

Drafted: Jan 29,2003

Effective: Sept 11, 2003

There are currently 198 parties to the protocol (including the Philippines)

OBJECTIVE:
To contribute to ensuring an adequate level of safety in the transfer,

handling, and use of LMOs. It requires exporters of LMOs to seek prior

agreement from authorities of importing countries

What does this mean for parties to the Protocol?

Parties to a protocol is expected to implement national legislation that will

allow it to adhere to the terms of the national agreement.

What are countries who have already adopted this?

The following are examples of countries that are already implementing

frameworks of BIOSAFETY: Indonesia, Australia, and Cuba.

What are we doing?

E.O 413: Constitution of the NCBP (1990)

E.O. 514: Establishment of the National Biosafety Network(2006)

Joint DOST-DA-DENR-DOH-DILG Department Circular No. 001-16, (2016)

 PROTECTING AND PRESERVING MARINE
BIODIVERSITY, INCLUDING THROUGH
SUSTAINABLE FISHERIES

What is Sustainable fishing means leaving enough fish in

the ocean, respecting habitats and ensuring
Sustainable people who depend on fishing can maintain their
Fishing? livelihoods.

WHY DO WE NEED SUSTAINABLE FISHING?

In order to avoid the extinctive effects of overfishing

OVERFISHING
This refers to the taking of a particular marine specie, at a quantity in excess of
the species’ capacity for reproduction

Fishers remove more than 77 billion kilograms (170 billion pounds) of wildlife from
the sea each year. Scientists fear that continuing to fish at this rate may soon result
in a collapse of the world’s fisheries. In order to continue relying on the ocean as an
important food source, economists and conservationists say we will need to employ
sustainable fishing practices.

Example: Bluefin Tuna

Bluefin Tunas are caught to be used as main ingredient in making sushi. As a result,
the demand for it arose to the extent that it has threatened its population, because
at this point, the population of Bluefin Tunas comprises only 21-29% of its
population in the 1970’s.  

Example: Chilean Sea Bass

The Chilean Sea Bass ages at a slow rate, as a consequence the spawning
(reproduction of eggs) of this specie does not happen until it reaches 10 years of
age, and it is only at this time it has become sexually mature for reproduction.

THREE MAIN PRINCIPLES IN

MEASURING SUSTAINABILITY

Sustainable fishing stocks

Minimizing environmental impact
Effective fisheries management
WAYS TO SUSTAIN/ CONSERVE FISHERIES
1. Fishing Quota
Fishing quota, also called Individual Transferable Quota (ITQ), provides a share
of the fish catch or fishing effort allowed in a fishery to an individual fisher.
Fishing quota is usually specific to a fish species as part of a fish stock (a
distinct population of a species).

Varieties of Fishing Quotas

Catch-Based
Effort-Based
Setting Sustainable fishing levels

2. Fishing Bans (no-take zone)

In Mozambique, no-take fish sanctuaries were set-up in Primeiras y Segurias
order to allow the repopulation  of aquatic species that takes habitat within
the marine conserve.

30% Marine SHARKS HELP

MAINTAIN BALANCE IN

Ecosystems
 1995 UN FISH STOCKS
AGREEMENT
The 1995 Fish Stocks Agreement
only deals with straddling and
highly migratory fish stocks, and
therefore not with the other
categories of species in articles
63(1) and 65-68 and discrete high
seas species.

WHAT IS THE INTERNATIONAL CONVENTION

FOR THE REGULATION OF WHALING?

The International Convention for the Regulation

of  Whaling (“1946 ICRW”) is presently the only
instrument at the global level that deals
specifically with both the conservation and
utilization of marine living resources. The
Preamble to the 1946 ICRW identifies this dual
purpose as “to provide for the proper conservation
of whale stocks and thus make possible the
orderly development of the whaling industry.”.
At the time of writing, there were 51 states parties
to the 1946 ICRW. The Schedule attached to the
1946 ICRW and which is an integral part of it
contains the agreed definitions and technical
conservation and management measures.

INTERNATIONAL CONVENTION FOR THE

CONSERVATION OF ATLANTIC TUNAS

To maintain the populations of tunas and

tuna-like fishes caught in the Convention Area
at levels which will permit the maximum
sustainable catch, or yield for food and other
purposes. The Preamble and article IV of 1966
ICCAT stipulate that the species covered by
the Convention are the tuna and tuna-like
species and such other species of fish
exploited in tuna fishing in the Convention
area that are not under the auspices of any
other international organization.
CONVENTION ON THE CONSERVATION OF
ANTARCTIC MARINE LIVING RESOURCES?

The objective of 1980 CAMLR the

“conservation of Antarctic marine living
resources,” while “the term ‘conservation’
includes rational use,” applies to Antarctic
marine living resources, which are defined in
article I as “the populations of fin fish,
molluscs, crustaceans and all other species of
living organisms, including birds, found south
of the Antarctic Convergence.”