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Trail Smelter Arbitration vs Canada (33 and 35 American Journal of Precautionary Principle –If there is no scientific certainty, one

e is no scientific certainty, one should


Environmental Law approach the matter with caution (e.g. GMOs)

Facts: Principle of Sustainable Development

Finally, the effect of these harmful amounts of sulfur being released were noticed Principle of Cooperation (e.g. w/ respect the use of transboundary
in the State of Washington. The effects were noticeable because for every ton of natural
sulfur released into the air there are two tons of sulfur dioxide created. It was this
increase in sulfur dioxide that was detected through the rains.

In the period between 1928 and 1935, the Government of the United States filed In 1896, a smelter located in Trail, British Columbia, began operating under
complaints with the Government of Canada that sulfur dioxide emissions from the American ownership. However, in 1906, the Consolidated Mining and Smelting
Trail smelter had damaged the Columbia River Valley. On August 7, 1928, the Company of Canada, Ltd. bought the smelter plant in Trail. This company
issue was referred to the International Joint Commission by the United States and expanded the plant in size and in turn in its capacity to smelt zinc and lead ores.
Canada (IJC-UC) for settlement. The IJC-UC decided on February 28, 1931 that However, in 1925 and in 1927, two large, 400-foot smoke stacks were built.
the Trail smelter should limit its sulfur dioxide emissions and that Canada should
There was a resulting increase in the amount of sulfur emitted into the air. Within
pay the United States US$350,000 as compensation for damages.
that same time period the amount of sulfur released from the plant on a monthly
Despite the IJC-UC decision, the conditions at the Trail smelter did not improve. basis almost doubled from what it had been in 1924. The amount of sulfur released
Consequently, by February 1933 the U.S. Government was refiled complaints to in 1924 was about 4,700 tons per month. But in 1927, the amount had risen to
the Canadian Government about the situation at the smelter. These set of 9,000 tons per month. These increases continued because this smelting operation
complaints led to an emissions convention which was signed by the two parties on of zinc and lead had become one of the largest in North America. resources)
April 15, 1935. The Convention called for the creation of a Tribunal to determine
whether damage has been done to Washington State since 1932.
CORFU VS UK VS ALBANIA 1949 ICJ 4
Issue:
Facts:
If found to have done damage, should it be made to refrain from doing so? Should
any compensation be paid? On May 15th. 1946 the British warships passed through the Channel without the
approval of the Albanian government and were shot at. Later, on October 22nd,
HELD:
1946, a squadron of British warships (two cruisers and two destroyers), left the
Tribunal found that damaged has been caused to the US and that it should be port of Corfu and proceeded northward through a channel previously swept for
indemnified for damages. It held that under the principles of International Law, mines in the North Corfu Strait.
as well as the law of the US, no state has the right to use or permit the use of its
territory in such a manner as to cause injury by fumes in or to the territory of
another when the case is of serious consequences and injury is established by clear Both destroyers were struck by mine and were heavily damaged. This incident
and convincing evidence. Hence, Canada was responsible for the conduct of the resulted also in many deaths. The two ships were mined in Albanian territorial
Trail Smelter. waters in a previously swept and check-swept channel.
Principles: After the explosions of October 22nd, the United Kingdom Government sent a
note to the Albanian Government, in which it announced its intention to sweep
Principle of Good Neighborliness
the Corfu Channel shortly. The Albanian reply, which was received in London on
Polluter-Pays Principle October 31st, stated that the Albanian Government would not give its consent to
this unless the operation in question took place outside Albanian territorial
Common but Differentiated Responsibilities waters. Meanwhile, at the United Kingdom Government's request, the
International Central Mine Clearance Board decided, in a resolution of November
1st, 1946, that there should be a further sweep of the Channel, subject to Albania's
consent. The United Kingdom Government having informed the Albanian 1 Should the North Corfu Channel as it is considered part of international
Government, in a communication of November 10th, that the proposed sweep highways?
would take place on November 12th, the Albanian Government replied on the 11th,
protesting against this 'unilateral decision of His Majesty's Government'. It said it
did not consider it inconvenient that the British fleet should undertake the
2. Is Albania responsible under international law for the explosions
sweeping of the channel of navigation, but added that, before sweeping was
which occurred on the 22nd October 1946 in Albanian waters and for the
carried out, it considered it indispensable to decide what area of the sea should be
damage and loss of human life which resulted from them and is there any
deemed to constitute this channel, and proposed the establishment of a Mixed
duty to pay compensation?'
Commission for the purpose.
Analysis:
It ended by saying that any sweeping undertaken without the consent of the
Albanian Government outside the channel thus constituted, i.e., inside Albanian The court analyses the geographical situation of the channel connects two parts of
territorial waters where foreign warships have no reason to sail, could only be the high seas and is in fact frequently being used for international navigation.
considered as a deliberate violation of Albanian territory and sovereignty. After Taking into account these various considerations, the Court concludes that the
this exchange of notes, 'Operation Retail' took place on November 12th and 13th. North Corfu Channel should be considered as belonging to the class of
international highways through which an innocent passage does not need special
One fact of particular importance is that the North Corfu Channel constitutes a
approval and cannot be prohibited by a coastal State in time of peace.
frontier between Albania and Greece, that a part of it is wholly within the
territorial waters of these States, and that the Strait is of special importance to The UK government claims that on October 22nd, 1946, Albania neither notified
Greece by reason of the traffic to and from the port of Corfu. the existence of the minefield, nor warned the British warships of the danger they
were approaching. According to the principle of state responsibility, they should
Issues:
have done all necessary steps immediately to warn ships near the danger zone,
The British government claimed the minefield which caused the explosions was more especially those that were approaching that zone. In fact, nothing was
laid between May 15th, 1946, and October 22nd, 1946, by or with the approval or attempted by the Albanian authorities to prevent the disaster. These grave
knowledge of the Albanian Government. Thus Albania was responsible for the omissions involve the international responsibility of Albania.
explosions and loss of life and had to compensate the UK government.
But Albania's obligation to notify shipping of the existence of mines in her waters
In addition to the passage of the United Kingdom warships on October 22nd, depends on her having obtained knowledge of that fact in sufficient time before
1946, the second question in the Special Agreement relates to the acts of the Royal October 22nd; and the duty of the Albanian coastal authorities to warn the British
Navy in Albanian waters on November 12th and 13th, 1946 when the British ships depends on the time that elapsed between the moment that these ships were
government carried out a minesweeping operation called 'Operation Retail' reported and the moment of the first explosion.
without the consent of Albania.
Conclusion of the court:
UK held the opinion the passage on October 22nd, 1946 was innocent and that
The Court therefore reaches the conclusion that Albania is responsible under
according to rules of international law it had the right to innocent passage through
international law for the explosions which occurred on October 22nd, 1946, in
the North Corfu Channel as it is considered part of international highways and
Albanian waters, and for the damage and loss of human life which resulted from
does not need a previous approval of the territorial state.
them, and that there is a duty upon Albania to pay compensation to the United
The Albanian Government does not dispute that the North Corfu Channel is a Kingdom.
strait in the geographical sense; but it denies that this Channel belongs to the class
of international highways through which a right of passage exists, on the grounds
that it is only of secondary importance and not even a necessary route between In the second part of the Special Agreement, the following question is submitted
two parts of the high seas, and that it is used almost exclusively for local traffic to to the Court:
and from the ports of Corfu. Thus a previous approval of the territorial state is
necessary. (2) Has the United Kingdom under international law violated the sovereignty of
the Albanian People's Republic by reason of the acts of the Royal Navy in Albanian
waters on the 22nd October and on the 12th and 13th November 1946 and is there Albanian waters on October 22nd, 1946; and unanimously, gives judgment that
any duty to give satisfaction? by reason of the acts of the British Navy in Albanian waters in the course of the
Operation of November 12th and 13th, 1946, the United Kingdom violated the
Albania was in fact in war with Greece which means that the coastal state was not sovereignty of the People's Republic of Albania, and that this declaration by the
in time of peace. UK had not an innocent passage due to the way it was carried Court constitutes in itself appropriate satisfaction.
out. The court assessed the manner of UK warships after they had been shot at
May 15th. Having thus examined the various contentions of the Albanian
Government in so far as they appear to be relevant, the Court has arrived at the
conclusion that the United Kingdom did not violate the sovereignty of Albania by
reason of the acts of the British Navy in Albanian waters on October 22nd, 1946.

The United Kingdom Government does not dispute that 'Operation Retail' was
carried out against the clearly expressed wish of the Albanian Government. It
recognizes that the operation had not the consent of the international mine
clearance organizations, that it could not be justified as the exercise of a right of
innocent passage, and lastly that, in principle, international law does not allow a
State to assemble a large number of warships in the territorial waters of another
State and to carry out minesweeping in those waters. The United Kingdom
Government states

that the operation was one of extreme urgency, and that it considered itself
entitled to carry it out without anybody's consent.

The Court can only regard the alleged right of intervention as the manifestation of
a policy of force, such as has, in the past, given rise to most serious abuses and
such as cannot, whatever be the present defects in international organization, The
United Kingdom Agent, in his speech in reply, has further classified 'Operation
Retail' among methods of self-protection or self-help. The Court cannot accept
this defense either find a place in international law .

Final conclusion of the court:

1) On the first question put by the Special Agreement of March 25th, 1948,

The court gives judgment that the People's Republic of Albania is responsible
under international law for the explosions which occurred on October 22nd, 1946,
in Albanian waters, and for the damage and loss of human life that resulted there
from; and

Reserves for further consideration the assessment of the amount of compensation


and regulates the procedure on this subject.

2) On the second question put by the Special Agreement on the violation of state
sovereignty,

The court gives judgment that the United Kingdom did not violate the sovereignty
of the People's Republic of Albania by reason of the acts of the British Navy in
Environmental Law Principles 1. Sovereignty Over Natural Resources and the Obligation Not to Cause
Harm
Draft Covenant on Environment and Development (2004)
State sovereignty over natural resources, as embodied in our own Constitution,
FUNDAMENTAL PRINCIPLES -In their actions to achieve the objective of gives the State the right to the utilization and benefits over the resources within
this Covenant and to implement its provisions, the Parties shall be guided, inter its territory. However, since the 1970s, state sovereignty over natural resources
alia, by the following fundamental principles: has been read with the obligation not to cause harm. Principle 21 of the 1972
Stockholm Declaration, which is the cornerstone of International Environmental
ARTICLE 2; RESPECT FOR ALL LIFE FORMS -Nature as a whole warrants
Law, reflects these principles:
respect; every form of life is unique and is to be safeguarded independent of its
value to humanity. 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
ARTICLE 3; COMMON CONCERN OF HUMANITY -The global
pursuant to their own environmental policies, and the responsibility to ensure that
environment is a common concern of humanity.
activities within their jurisdiction or control do not cause damage to the
ARTICLE 4; INTERDEPENDENT VALUES -Peace, development, environment of other States or of areas beyond the limits of national jurisdiction.
environmental protection and respect for human rights and fundamental
The sovereign right over natural resources includes the right of the states to be
freedoms are interdependent.
free from external interference. The exercise of state sovereignty, however, has its
ARTICLE 5; INTER–GENERATIONAL EQUITY -The freedom of action of limits. Principle 21 provides that the state has the responsibility not to cause harm
each generation in regard to the environment is qualified by the needs of future beyond the limits of its national jurisdiction. The No Harm Principle recognizes
generations. that a state’s activities may be transboundary in nature which can affect or harm
the environment of another State. This is meant to be balanced with the sovereign
ARTICLE 6 ; PREVENTION -Protection of the environment is best achieved principle of states and requires them to take responsibility for their actions which
by preventing environmental harm rather than by attempting to remedy or cause harm outside their own territory.
compensate for such harm.

ARTICLE 7; PRECAUTION -Lack of scientific certainty is no reason to


postpone action to avoid potentially significant or irreversible harm to the 2. Principle of Prevention
environment.
The Principle of Prevention aims to stop environmental damage even before it
ARTICLE 8; RIGHT TO DEVELOPMENT - The exercise of the right to occurs or when it is critical and potential damage may already be irreversible. This
development entails the obligation to meet the developmental and environmental principle should be differentiated from the Obligation Not to Cause Harm. The
needs of humanity in a sustainable and equitable manner. Obligation Not to Cause Harm deals with the effects of a state’s activities outside
its own territory without regard to activities that cause environmental harm within
ARTICLE 9; ERADICATION OF POVERTY -The eradication of poverty, an the state. The Principle of Prevention encompasses environmental harm within a
indispensable requirement for sustainable development, necessitates a global state’s own territory.
partnership.
The Principle of Prevention is based on the idea that it is better to prevent than
ARTICLE 10; CONSUMPTION PATTERNS AND DEMOGRAPHIC employ measures, after harm has occurred, in order to restore the environment.
POLICIES -The elimination of unsustainable patterns of production and This principle has been expanded by a relatively new principle – the Precautionary
consumption and the promotion of appropriate demographic policies are Principle.
necessary to enhance the quality of life for all humanity and reduce disparities in
standards of living.
3. Precautionary Principle

Basic Rights in Relation to Environmental Justice Principle 15 of the Rio Declaration, commonly known as the Precautionary
Principle states:
‘In order to protect the environment, the precautionary approach shall be widely The concept of Intergenerational Equity supports the Principle of Sustainable
applied by States according to their capabilities. Where there are threats of serious Development with respect to holding the natural resources in trust for future
or irreversible damage, lack of full scientific certainty shall not be used as a reason generations.20 Nevertheless, this principle does not stop there.
for postponing cost- effective measures to prevent environmental degradation.’
Intergenerational Equity is defined as “each generation’s responsibility to leave an
This principle advocates that the potential harm should be addressed even with inheritance of wealth no less than what they themselves have inherited.”
minimal predictability at hand. It is designed to provide the basis for early
international legal action to address serious environmental threats in cases where In the landmark case of Oposa v. Factoran, the Supreme Court had the occasion
there is ongoing scientific uncertainty with regard to the causes of these threats. to discuss the concept of Intergenerational Responsibility. The case was instituted
The Principle requires a high degree of prudence on the part of the stakeholders. by minors along with their parents alleging that the then Secretary of Natural
Decision makers are not only mandated to account for scientific uncertainty but Resources acted with grave abuse of discretion in issuing Timber License
can also take positive action, e.g., restrict a product or activity even when there is Agreements (TLAs) to cover more areas. Respondents alleged that the minors,
scientific uncertainty. Under Rule 20 of the Rules of Procedure for Environmental who invoked the right to a balanced and healthful ecology, had no valid cause of
Cases, the Precautionary Principle is adopted as a rule of evidence. The Supreme action. On the issue of petitioner’s standing, the Court held that the minors were
Court’s adoption of the Precautionary Principle in the newly promulgated Rules entitled to sue on the basis of Intergenerational Responsibility.
of Procedure for Environmental Cases affords plaintiffs a better chance of proving
The Supreme Court, through former Chief Justice Davide explained: - This case,
their cases where the risks of environmental harm are not easy to prove.
however, has a special and novel element

Petitioners minors assert that they represent their generation as well as


4. Sustainable Development generations yet unborn. We find no difficulty in ruling that they can, for
themselves, for others of their generation and for the succeeding generations, file
Sustainable Development is the process of developing land, cities, businesses, a class suit. Their personality to sue in behalf of the succeeding generations can
communities, and so forth that “meets the needs of the present without only be based on the concept of intergenerational responsibility insofar as the
compromising the ability of future generations to meet their own needs.” The right to a balanced and healthful ecology is concerned. Such a right, as hereinafter
concept of Sustainable Development carries two key concepts. First, is the expounded, considers the “rhythm and harmony of nature.” Nature means the
existence of needs with particular focus to the needs of the poor. Second, is that created world in its entirety. Such rhythm and harmony indispensably include,
the environment has limitations in meeting the needs of present and future inter alia, the judicious disposition, utilization, management, renewal and
generations. conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-
shore areas and other natural resources to the end that their exploration,
The Principle of Sustainable Development addresses the need to reconcile issues development and utilization be equitably accessible to the present as well as future
of development andenvironmentalprotection.16 It recognizes that development generations. Needless to say, every generation has a responsibility to the next to
requires economic exploitation to satisfy the needs of the growing population at preserve that rhythm and harmony for the full enjoyment of a balanced and
the same time protecting the environment for future generations. The concept of healthful ecology. Put a little differently, the minors’ assertion of their right to a
sustainable development seeks to achieve exploitation of resources while leaving sound environment constitutes, at the same time, the performance of their
the environment intact for the use of future generations. Non-renewable resources obligation to ensure the protection of that right for the generations to come.”
must be used as efficiently as possible. According to this principle, there must be
optimal management of natural resources.

The Principle of Sustainable Development is embodied in the Philippine Agenda 6. Rights-based Approach
which was formulated as a response to the country’s commitments in the 1992
Earth Summit in Rio de Janeiro, Brazil. Environmental Justice stems from a growing recognition that the Right to the
Environment is a fundamental human right which ought to be protected. The
Rights-based Approach in Environmental Justice is reflected in various
international instruments. The Universal Declaration of Human Rights provides
5. Intergenerational Equity for the “right to a standard of living adequate for health and well-being.” The right
carries with it the Right to the Environment. Later on, the 1972 Stockholm
Declaration, which is the primary document in International Environmental Law,
would state in clear and express terms the Right to the Environment. Principle 1 there is heavy emphasis on the policies, laws, and legal procedures.30 In the
of the Stockholm Declaration states: context of the judicial system, Environmental Justice is tested in the light of the
existence of adequate laws and policies, the quality of its enforcement, and the
Man has the fundamental right to freedom, equality and adequate conditions of existence of available remedies for those affected by violations of environmental
life, in an environment of a quality that permits a life of dignity and well-being, laws and regulations.
and he bears a solemn responsibility to protect and improve the environment for
present and future generations. In this respect, policies promoting or perpetuating The environmental law principles discussed above will hopefully help you in better
apartheid, racial segregation, discrimination, colonial and other forms of understanding the laws, rules, and regulations related to environmental law
oppression and foreign domination stand condemned and must be eliminated. enforcement in the Philippines. These principles serve as the foundation for the
development of measures and provisions for the protection of the environment.
Subsequently, the Rio Declaration contained 27 principles with a goal of ensuring With these principles in mind, the next section will provide a discussion of the
the protection of the environment and promoting Sustainable Development. most common and typical environmental violations which take place in the
Principle 1 recognizes that human beings are “the center of concerns for Philippines, knowledge of which is the first step in ensuring the proper
sustainable development.” The Rio Declaration underlines the obligations of enforcement of environmental protection laws in our country.
states not to cause harm beyond their jurisdiction, to meet the environmental
needs of present and future generations, and to consider environmental
protection as an integral part of development. The Rio Declaration also mandates
states to eradicate poverty and to give special attention to the least developed and International Environmental Organizations
environmentally vulnerable countries emphasizing that in the cooperative
United Nations
process, states have common but differentiated responsibilities. The Rio
Declaration recognizes the importance of enjoining the citizens in addressing The United Nations (UN) is an organization of sovereign nations. It provides
environmental issues with particular emphasis on the role of women, youth and the machinery for its Member States to help solve disputes or problems, and deal
Indigenous Peoples in achieving sustainable development. with matters of concern to all humanity. It does not legislate.
Under the Rights-based Approach, the right of persons to environmental The International Court of Justice (ICJ) is the principal judicial organ of
protection has the same level as basic human rights. The adoption of this approach the UN.
plays a crucial role in litigation because persons would be allowed to litigate on
the basis of their right to a healthy environment in the same way that they can The General Assembly is the UN's main deliberative body. All Member States
litigate for violations of their civil and socioeconomic rights. are represented in it and each has one vote.

In line with the Rights-based Approach, there is a growing trend towards The Economic and Social Council (ECOSOC) coordinates the economic
achieving Environmental Justice. Presently, the concept of Environmental Justice and social work of the UN.
varies among groups. Some define Environmental Justice as “the goal of achieving
adequate protection from the harmful effects of environmental agents for The Security Council has primary responsibility for maintenance of
everyone, regardless of age, culture, ethnicity, gender, race, or socioeconomic international peace and security. It has five permanent members each with the
status.” Others view Environmental Justice as “the equitable distribution of right to veto, and ten others elected for two-year terms. Member States are
burdens of the environmental harms among various groups.” One author suggests obligated to carry out its decisions.
that there are two fundamental principles of Environmental Justice namely: The Secretariat services all organs of the UN except the ICJ, doing the day-to-
distributive and procedural justice. In Environmental Justice, distributive justice day work of the UN, ranging from administering peace-keeping operations to
refers to the equitable distribution of environmental risks and harms. Procedural organizing conferences.
justice, on the other hand, focuses on the right of the stakeholders to participate
in decision making processes concerning the environment and enabling them to The Secretary-General controls and directs the Secretariat, and is chief
access relevant information. administrative officer at all meetings of the General Assembly, Security Council
ECOSOC and the Trusteeship Council.
While the concept of Environmental Justice differs depending on the perspective
of the individual or entity, the ultimate goal is to enhance the involvement of the The Trusteeship Council was established to ensure that governments
people and to ensure access to justice. As a means of addressing these concerns, responsible for administering Trust Territories took adequate steps to prepare
them for self- government or independence. This task having been completed in Its activities cover a wide range of issues regarding the atmosphere, marine and
1994, the Council will now meet as and when required. terrestrial ecosystems, environmental governance and green economy. It has
played a significant role in developing international environmental conventions,
The specialized agencies and programmes have wide international promoting environmental science and information and illustrating the way those
responsibilities for development, health and economic, social, cultural, can be implemented in conjunction with policy, working on the development and
educational, scientific and technical, and other fields. implementation of policy with national governments, regional institutions in
conjunction with environmental non-governmental organizations (NGOs).
The United Nations Educational, Scientific and Cultural Organization
UNEP has also been active in funding and implementing environment related
(UNESCO) is a specialized agency of the United Nations established in 1946
development projects.
with its headquarters in Paris, France. Its stated purpose is to contribute to
peace and security by promoting international collaboration through education, The winner of the Miss Earth beauty pageant serves as the spokesperson of
science, and culture in order to further universal respect for justice, the rule of UNEP.
law, and the human rights and fundamental freedoms proclaimed in the UN
Charter. UNEP has aided in the formulation of guidelines and treaties on issues such as
the international trade in potentially harmful chemicals, transboundary air
The World Health Organization (WHO) acts as a coordinating authority on pollution, and contamination of international waterways.
international public health and deals with health and sanitation and diseases and
sends medical teams to help combat epidemics. Established on 7 April 1948, and The World Meteorological Organization and UNEP established the
headquartered in Geneva, Switzerland, the agency inherited the mandate and Intergovernmental Panel on Climate Change (IPCC) in 1988. UNEP is also one of
resources of its predecessor, the Health Organization, which had been an agency several Implementing Agencies for the Global Environment Facility (GEF) and
of the League of Nations. the Multilateral Fund for the Implementation of the Montreal Protocol, and it is
also a member of the United Nations Development Group.[1] The International
The Food and Agriculture Organization of the United Nations leads Cyanide Management Code, a program of best practice for the chemical’s use at
international efforts to defeat hunger. Serving both developed and developing gold mining operations, was developed under UNEP’s aegis.
countries, FAO acts as a neutral forum where all nations meet as equals to
negotiate agreements and debate policy. FAO's mandate is to raise levels of UN Specialized agencies: ILO, IMO, WMO, UNESCO, FAO
nutrition, improve agricultural productivity, better the lives of rural populations
and contribute to the growth of the world economy. FAO is the largest of UN Specialized agencies are autonomous organizations working with the United
agencies and its headquarters is in Rome, Italy. Nations and each other through the coordinating machinery of the United
Nations Economic and Social Council at the intergovernmental level, and
The International Labour Organization (ILO) deals with labour issues. Its through the Chief Executives Board for coordination (CEB) at the inter-
headquarters are in Geneva, Switzerland. Founded in 1919, it was formed secretariat level.[1] Specialized agencies may or may not have been originally
through the negotiations of the Treaty of Versailles, and was initially an agency created by the United Nations, but they are incorporated into the United Nations
of the League of Nations. It became a member of the UN system after the demise System by the United Nations Economic and Social Council acting under Articles
of the League and the formation of the UN at the end of World War II. Its 57 and 63 of the United Nations Charter. At present the UN has in total 15.
Constitution, as amended to date, includes the Declaration of Philadelphia on specialized agencies that carry out various functions on behalf of the UN.
the aims and purposes of the Organization. Its secretariat is known as
theInternational Labour Office. The International Maritime Organization (IMO), formerly known as the
Inter-Governmental Maritime Consultative Organization (IMCO), was
The United Nations Environment Programme (UNEP) is an agency that established in 1948 through the United Nations to coordinate international
coordinates its environmental activities, assisting developing countries in maritime safety and related practices. However the IMO did not enter into full
implementing environmentally sound policies and practices. It was founded by force until 1958.
Maurice Strong, its first director, as a result of the United Nations Conference on
the Human Environment in June 1972 and has its headquarters in the Gigiri Headquartered in London, United Kingdom, the IMO promotes cooperation
neighborhood of Nairobi, Kenya. UNEP also has six regional offices and various among governments and the shipping industry to improve maritime safety and
country offices. to prevent marine pollution.
The International Civil Aviation Organization (ICAO) was founded in organization is best known to the wider public for compiling and publishing the
1947. It codifies the principles and techniques of international air navigation and IUCN Red List of Threatened Species, which assesses the conservation status of
fosters the planning and development of international air transport to ensure species worldwide.
safe and orderly growth. Its headquarters are located in the Quartier
international de Montréal of Montreal, Canada. IUCN has a membership of over 1200 governmental and non-governmental
organizations. Some 11,000 scientists and experts participate in the work of
The ICAO Council adopts standards and recommended practices concerning air IUCN commissions on a voluntary basis. It employs approximately 1000 full-
navigation, prevention of unlawful interference, and facilitation of border- time staff in more than 60 countries. Its headquarters are in Gland, Switzerland.
crossing procedures for international civil aviation. In addition, ICAO defines the
protocols for air accident investigation followed by transport safety authorities in IUCN has observer and consultative status at the United Nations, and plays a
countries signatory to the Convention on International Civil Aviation, commonly role in the implementation of several international conventions on nature
known as the Chicago Convention. conservation and biodiversity. It was involved in establishing the World Wide
Fund for Nature and the World Conservation Monitoring Centre. In the past,
International Monetary Fund (IMF) is sometimes considered to be a IUCN has been criticized for placing the interests of nature over those of
specialized agency. It is part of the United Nations system and has a formal indigenous peoples. In recent years, its closer relations with the business sector
relationship agreement with the UN, but retains its independence The IMF have caused controversy.
provides monetary cooperation and financial stability and acts as a forum for
advice, negotiation and assistance on financial issues. It is headquartered in IUCN was established in 1948. It was previously called the International Union
Washington, D.C., United States of America. for Protection of Nature (1948–1956) and the World Conservation Union (1990–
2008). Its full legal name is International Union for Conservation of Nature and
The United Nations Industrial Development Organization (UNIDO) is Natural Resources.
a specialized agency of the United Nations system, headquartered in Vienna,
Austria. The Organization's primary objective is the promotion and acceleration Continental groupings: OAS, OAU, EU- counterparts of ASEAN
of industrial development in developing countries and countries with economics Basically, regionalism from below means that countries in a geographical area
in transition and the promotion of international industrial cooperation. cooperate either for specific purposes or general mutual benefit, especially
involving economic cooperation and peacekeeping. The most important general
The World Meteorological Organization (WMO) originated from the such institutions are the European Union (EU), Organization of American States
International Meteorological Organization (IMO), which was founded in 1873. (OAS), Organization of African Unity (OAU), Association of Southeast Asian
Established in 1950, WMO became the specialized agency of the United Nations Nations (ASEAN), and the Arab League.
for modern meteorology (weather and climate), operational hydrology and
related geophysical sciences. It has its headquarters in Geneva, Switzerland. The Organization of American States or the OAS or OEA, is an inter-
continental organization founded on 30 April 1948, for the purposes of regional
Intergovernmental institution: IUCN solidarity and cooperation among its member states. Headquartered in
Washington, D.C., United States, the OAS's members are the 35 independent
The International Union for Conservation of Nature and Natural states of the Americas.
Resources (IUCN) is an international organization working in the field of
nature conservation and sustainable use of natural resources. It is involved in As of 26 May 2015, the Secretary General of OAS is Luis Almagro
data gathering and analysis, research, field projects, advocacy, lobbying and
education. IUCN's mission is to "influence, encourage and assist societies The OAS constitutes the main political, juridical, and social governmental forum
throughout the world to conserve nature and to ensure that any use of natural in the Hemisphere. In addition, it has granted permanent observer status to 69
resources is equitable and ecologically sustainable." states, as well as to the European Union (EU).

Over the past decades, IUCN has widened its focus beyond conservation ecology The OAS uses a four-pronged approach to effectively implement its essential
and now incorporates issues related to gender equality, poverty alleviation and purposes. The Organization’s four main pillars––democracy, human rights,
sustainable business in its projects. Unlike other international NGOs, IUCN does security, and development––support each other and are intertwined through
not itself aim to mobilize the public in support of nature conservation. It tries to political dialogue, inclusiveness, cooperation, and legal and follow-up
influence the actions of governments, business and other stakeholders by instruments that provide the OAS with the tools to maximize its work in the
providing information and advice, and through lobbying and partnerships. The Hemisphere.
COBSEA (coordinating bodies of East Asia)

COBSEA, UNEP Regional Seas Programme for the East Asian Seas Region 9
countries; Formed in 1981 as an INTERGOVERNMENTAL PLATFORM but – no
legally binding convention;

Mandate - to coordinate activities on the conservation and management of the


marine and coastal environment;

(COBSEA Secretariat) is based in Bangkok.

ABOUT COBSEA: East Asia's astonishing variety of political, economic and


social systems is matched by its environment: ship-crowded straits, island
groups, wide gulfs, shallow estuaries - and some of the most heavily populated
countries in the world where millions rely on seafood for much of their protein.
The threats to the coastal and marine environment in the region seem just as
varied, and include erosion and siltation from land development, logging and
mining, blast fishing in coral reefs, cutting and conversion of mangroves,
overfishing, unimpeded development and disposal of untreated wastes.

The Action Plan for the Protection and Development of the Marine Environment
and Coastal Areas of the East Asian Seas Region (the East Asian Seas Action
Plan) was approved in 1981 stimulated by concerns on the effects and sources of
marine pollution. Initially, the action plan involved five countries (Indonesia,
Malaysia, Philippines, Singapore and Thailand). In 1994, it was revised to
involve another five countries (Australia, Cambodia, People's Republic of China,
Republic of Korea and Vietnam) and up to this date the action plan has nine
participating countries (Australia is no longer a participating country). The main
components of East Asian Seas Action Plan are assessment of the effects of
human activities on the marine environment, control of coastal pollution,
protection of mangroves, seagrasses and coral reefs, and waste management.

Among the Regional Seas Programmes, East Asia has steered a unique course.
There is no regional convention; instead the programme promotes compliance
with existing environmental treaties and is based on member country goodwill.

East Asian Seas Action Plan is steered by the Coordinating Body on the Seas of
East Asia (COBSEA) that is consisting of the ten member countries (Cambodia,
China, Indonesia, Rep of Korea, Malaysia, Philippines, Singapore, Thailand,
Vietnam). The COBSEA Secretariat is in fact the lead agency of the United
Nations for marine environmental matters in East Asia, responsible for
coordinating the activities of governments, NGOs, UN and donor agencies, and
individuals in caring for the region's marine environment.

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