PRINCIPLES ON

INTERNATIONAL
ENVIRONMENTAL
LAW
Lesson Objectives:
As we tackle this lesson we come to;
 Understood the different governing principles of International
Environmental law; and to
 Apply these principles to the laws and cases in the Philippines
 What is IEL?

International Environmental Law

Branch of public international law comprising of those substantive,
procedural, and institutional rules which have as their primary objective
the protection of the environment.

 IEL protects the environment from population, misuse,

overuse and other damage.
The principle of international environmental law consist of;

 Principle of Good Neighborliness

 Precautionary Principle
 Polluter Pay Principle
 Principle of Sustainable Development
 Environment Impact Assessment Principle
 Principle of Intergenerational Equity
 Principle of Common but Differentiated Responsibility
 Principle of Non-discrimination
 PRINCIPLES OF GOOD NEIGHBORLINESS

 states a responsibility not to damage the environment.

 International cooperation places an obligation on states to prohibit
activities within the states territory that are contrary to the rights of
other states, and which could harm other states or their inhabitants.
 The principle of good neighborliness is closely related to the duty
to cooperate in investigating, identifying, and avoiding
environmental harm.
 PRECAUTIONARY PRINCIPLE
 Aims to prevent harm from happening rather than manage it after
it happened. In common language, this means “better safe than
sorry.”

POLLUTER PAY PRINCIPLE

 Is the commonly accepted practice that those who produce
pollution should bear the costs of managing it to prevent
damage to human health or the environment.
 SUSTAINABLE DEVELOPMENT

 Can be defined as development that meets the needs of the

present generations without compromising the ability of
future generations to meet their own needs.

 An organizing principle for meeting human development

goals while also sustaining the ability of natural systems to
provide the natural resources and ecosystem services on
which the economy and society depend.
 The Sustainable
Development Goals
(SDGs) or Global Goals
are a collection of 17
interlinked global goals
designed to be a
“blueprint to achieve a
better and more
sustainable future to
all”.
 ENVIRONMENT IMPACT ASSESSMENT
PRINCIPLE
 Environmental impact assessment, as a national instrument, shall be undertaken
for proposed activities that are likely to have significant adverse impact on the
environment and are subject to a decision of a competent national authority.

 PRINCIPLE OF INTERGENERATIONAL
EQUITY
 Man bears a solemn responsibility to protect and improve the environment for
present and future generations
 PRINCIPLE OF COMMON BUT
DIFFERENTIATED RESPONSIBILITY
 Because developed states have contributed disproportionately to global
environmental degradation, and because they command greater financial and
technological resources, those states have a special responsibility in shouldering
the burden of pursuing global sustainable development.
 PRINCIPLE OF NON-
DISCRIMINATION

 Each states should ensure that its regime of environmental

protection, when addressing pollution origination within the state,
does not discriminate between pollution affecting the state and
pollution affecting other states.
 STANDARD OF CONDUCT
 Strict Liability Theory
States are under an absolute obligation to prevent pollution and are liable for its
effects irrespective
 Test of Due Diligence
A standard that is accepted generally as the most appropriate one. It
undoubtedly imports an element of flexibility in the equation. It is also
important to note that elements of remoteness and foreseeability are part of the
framework of the liability of the states.
 Long-Range Trans-boundary Air Pollution
Air pollution whose physical origin is situated wholly or in part within the are
under the national jurisdiction of one state and which has adverse effects in the
area
GLOBAL DIVIDES
Lesson Objectives

At the end of this lesson, you should be able to:

1. Identify perspectives in global stratification;
2. discuss the concept of global divide; and
3. review some historical antecedents relating to the
understanding of the global divide
What is global divides?
 Global divide a concept of a gap between the
global north and the global south in terms of
development and wealth.
 Global divide also based on global disparities,
often due to stratification due to differing
economic affluence but can also be in other
aspects of globalization.
Social stratification is essentially the
phenomenon of segregating, grouping, and
ranking people based on differences in class, race,
economic status, and other categories.
The Types of Social Stratification
●Caste System -is a type of social stratification
that is mainly based on "inherited inequality."
•Class System - had existed during the
Roman Empire but it was only with the
emergence of industrial society that this kind
of stratification system spread around the
world.
•Class Consciousness - is the awareness of one's
social class position as different from that of
another.
•Social Distance - means reserve or restraint in the
social relationships of member of different racial
ethnic groups, social classes, or institutional roles.
• Class Conflict - is the struggle between social
classes for more equitable distribution of wealth,
power, and prestige.
Perspectives in global stratification
There are various theories which attempt to
explain the dynamics and impacts of
stratification among people in the world,
especially in the context of their power to tap on
resources and maximize these toward of
development and toward having a better quality
of life.
Modernization theory in a nutshell this theory
suggests that all societies undergo a similar process of
evolution-from agricultural, industrial, and urbanized
and modern-that is motivated and catalyzed by
internal factors. It means that more than external
influences, internal processes within states are
responsible for social change.
Dependency theories suggest that countries
are either “core” (developed) or “peripheral”
(developing) such that resources tend to flow
from peripheries to the core.
World system composed of boundaries,
structures, member groups, rules of
legitimation, and coherence. This world
system is assumed to “comprises a single
capitalist world-economy” so to speak.
First, second, and third worlds

First World countries were identified as the countries

which were allied with the United States.
Second World countries were countries which were
allied with the Soviet Union.
Third World countries were countries which supported
neither the Soviet Union nor the United States.
 Trois Mondes, Une Planéte (Three Worlds, One Planet) at the
L’Observateur, said: “Car enfince Tiers Monde ignore. exploité, méprisé
comme le Tiers Etat, veut, lui aussi, être quelque chose” (in the end, The
Third World, ignored, exploited, and misunderstood just like the Third
Estates desires to be something). In this Article, Sauvy (1952) likened the
Third World to the Third Estates—the French commoners---whose suffering
and upheaval led to the French revolution.
 In 1974, Teng Hsiao-ping, vice premier of the people’s Republic of
China 1977, spoke to the United Nations General Assembly. In this
talk, Teng (1974) profoundly noted the distinction among three
Worlds: “The United States and the Soviet Union make Up the First
World. The developing countries in Asia, Africa, Latin America and
other regions make up the Third World. The developed countries
between the two make up the Second World”.
Two chief political factions: the Western Bloc, comprised by the
industrial/capitalist US and the North Atlantic Alliance (NATO), which
include United kingdom, Canada, France, Italy among others; and the
Eastern Bloc (Albania, Poland, Bulgaria, Romania, Czechoslovakia,
Hungary, and Afghanistan), lead by the communist/socialist Russian Soviet
Federative Socialist Republic.
The Western Bloc as first world countries,
Eastern Bloc as Second World countries.
 The Brandt Report and Its Criticism
 The Brandt Report (1983) was published by a commission chaired by the West
German Chancellor, Willy Brandt.
 This report categorized countries in the northern hemisphere as comparatively
smaller in population and more economically affluent than countries in the
southern hemisphere.

 Brandt line an imaginary line that divides the world into the developed north
and the developing south.
 The Brandt Equation, was prepared by James Bernard Quilligan, describing
the new global economy as facing “financial contagion,” and requiring “major
international relief program (Quilligan, 2010,p.3).
Global South
Lesson Objectives

 At the end of this lesson, you should be able to:

1. Discuss the ever-changing concept of the Global South;
2. Identify countries which are commonly associated with the Global South
and
3. Survey the political and economic conditions in the contemporary Latin
America
 Defining Global North and Global South

 Global North is used to refer to countries that are economically developed

while Global South is used to pertain to countries that are economically
struggling. While the common frame of reference in such a stratification is
economic, there are broad indicators that distinguish economies as either global
north or global south: “politics, technology, wealth, and demography”
(Odeh,2010,p.340)
 THE GLOBAL SOUTH

 “Locating the Global South,” Claudio(2014) discussed the nuances of

construing the Global South. He suggests that “there is no uniform
global south” as the concept is construed both objectively and
subjectively, and thus begging for “academic analysis” to articulate it.
He emphasized how “globalization creates both affluence and poverty”
and how “poverty is also being globalized”.
 The Rise of the Global South: The Latin America
Experience
 Latin America can be construed geographically as a group of countries in south
America which share the same language and culture. These socio-cultural
characteristics are linked with their common colonizers, Portugal and Spain.
 Historically, countries in this part of the world have manifested a colorful political
scene, characterized by massive and forceful resistance from the grassroots. Across
time as well, countries in the Latin Americas have been plagued by poverty and
economic instability.
Sawe (2018) noted that Latin America comprises 13 percent of the earth’s
surface area. The following are some of the major countries, which are
generally cordial with one another.
Latin American Countries

  COUNTRY   CAPITAL LAND AREA (Km²)

 Brazil  Brasilia  8,515,767

 Mexico Mexico City  1,972,550

 Columbia Bogotá  1,141,748

 Argentina Buenos Aires  2,780,400

 Peru Lima  1,285,216

 Brazil has the largest area and most populous country in Latin
America. It also has the region's biggest economy.
 Mexico is the largest and most populous Spanish-speaking country
in the world.
 Approximately 659 million people live in Latin America.
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