After more than 100 years of environmental law, what's next for the Philippines?

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Document Type

Article

Source Title

Philippine Law Journal

Volume

88

First Page

195

Last Page

239

Publication Date

2014

Abstract

Philippine environmental law can be explored in three themes: failure, progress, and the future. The history of Philippine environmental laws reveals several failures in the areas of indigenous peoples' rights, logging and mining, air pollution, the state of the Manila Bay, climate change and disaster risk reduction, the lack of renewable energy, and coastal/marine resources and fishers. We have, however, relatively made progress, primarily through the Rules of Procedure for Environmental Cases, which has provided a means for the protection and prevention of further environmental degradation.

Ultimately, to secure the future of environmental law in the country, there must be a joint effort of the Judiciary, Legislature, and the Executive. The judiciary must take the bold step of establishing environmental liability jurisprudence. The Legislature, on the other hand, must strengthen the enforcement of land use policies, as well as the disaster risk reduction and management structure. It must also finally pass a freedom of information act and a sustainable forest management act, with stricter penalties for environmental liabilities. Finally, the Executive must reform the environmental governance system, solidify and integrate climate change governance, and develop a stronger fishers sector.

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Disciplines

Environmental Law

Keywords

Environmental law—Philippines

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