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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Recommended Citation
La Viña, A. M., de Leon, A. M., Jo, A. A., & Guaio, C. T. (2014). After more than 100 years of environmental law, what's next for the Philippines?. Philippine Law Journal, 88, 195-239. Retrieved from https://animorepository.dlsu.edu.ph/faculty_research/7327
Disciplines
Environmental Law
Keywords
Environmental law—Philippines
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