Lynch/INTERNATIONAL LAW AND ENVIRONMENTAL JUSTICE/UP LAW 2010

DRAFT/SUBJECT TO REVISION AND UPDATES

HUMAN RIGHTS AND ENVIRONMENTAL JUSTICE: TRENDS, SYNERGIES AND HOPE

IN INTERNATIONAL AND PHILIPPINE LAW

Prof. Owen J. LynchVisiting Professor/Fulbright Scholar

College of Law, University of the PhilippinesFirst Semester 2010

INTRODUCTION

There is an emerging realization on international and national levels that basic environmental, economic, and human rights issues are inextricably linked. This is the result in large measure from ongoing field research as well as unsatisfactory outcomes of previous and still persistent attempts to deal separately with these important areas of concern. Recent scholarship provides new insights into the pressing need for innovative and systemic tripartite approaches. As such, there is greater and growing realization of the multi-dimensional nature of conflicts and challenges previously considered primarily as being exclusively "developmental", "environmental" or "human rights" oriented.

Questions to be asked throughout the course include: To what extent does international and Philippine law mandate environmental justice, including for example legal recognition of a right to potable water, payment for local environmental services, aboriginal title and prior informed consent? What colonial era legacies, if any, still endure in international and Philippine law, and how do these legacies affect efforts to promote environmental justice and sustainable development? Nearly a decade after the Philippine Supreme Court in 2000 upheld the Indigenous Peoples Rights Act (IPRA), what basic insights and lessons, positive or negative, can be culled and usefully shared globally? How might existing and prospective international and Philippine laws and policies better promote environmental justice, sustainable development and intergenerational stewardship of Earth?

COURSE EXPECTATIONS/REQUIREMENTS

Each student will be required to make a short (10 minute maximum) presentation about differences in international laws and Philippine laws concerning an environmental justice issue,

1

Lynch/INTERNATIONAL LAW AND ENVIRONMENTAL JUSTICE/UP LAW 2010

preferably one not covered in the course outline. The presentation should include a brief legal overview, comparison and analysis and conclude with recommendations. Proposed presentation topics should be submitted to Prof. Lynch by June 22.

The presentation will account for 20% of the final grade. Class participation and attendance will account for 30%. The remaining 50% will be based on the final examination.

Reading materials should be read in the order assigned. (N.B. Additional readings may also be assigned during the semester.) Students are expected to read the assigned materials prior to the day they are scheduled for discussion. If time constraints prevent discussion of any materials on the scheduled day, these materials will be discussed during the following class. In other words, all assigned materials will be discussed in class in the approximate order indicated in the outline. In addition, as the semester unfolds, some changes in the outline and reading assignments may be made to accommodate guest lecturers and breaking developments.

A virtual classroom using the Internet has already been established. During the semester, information culled from the course outline, various list serves and other internet resources may be forwarded via email to all students enrolled in the class. In addition, students will be encouraged to use our virtual classroom to continue discussions and share other ideas and information on human rights and environmental issues.

A complete compilation of assigned reading materials should be made available via the internet and/or in the UP Law Library. More materials may be sent to students via email.

COURSE OUTLINE

Part One: Introductions and Course Overview

Part Two: Towards New Thoughts and Paradigms of Environmental Law and Justice-Arturo Gomez-Pompa and Andrea Kaus. “Taming the Wilderness Myth,” Bioscience, Vol. 42, No. 4, (1992). On reserve in the law library.-Michael R. Dove. “A Revisionist View of Tropical Deforestation and Development,” Environmental Conservation, Vol. 2, No. 1 (1993). On reserve in the law library.-Mac Chapin, “A Challenge to Conservationists,” World Watch 2004). On reserve in the law library.-Herman E. Daly. A Steady-State Economy, Sustainable Development Commission, United Kingdom (2008) http://dieoff.org/page88.htm.

2

Lynch/INTERNATIONAL LAW AND ENVIRONMENTAL JUSTICE/UP LAW 2010

Part Three: Definitions and Theoretical Approaches-John Rawls. “A Theory of Justice. Google Rawls and come prepared to discuss his theory of justice. -W. Michael Reisman and Aaron M. Schreiber. Jurisprudence: Understanding and Shaping Law, pp. 1 – 44, New Haven Press (1987). On reserve in the Law Library.-Greg Maggio and Owen J. Lynch. Part II “Overview of the Process of International Law” from Environment, and Economic Development: Existing and Emerging Standards in International Law and Global Society. Lynch, O. and G. Maggio. Paper prepared for the Earth Council, Costa Rica and the World Resources Institute (1996), www.ciel.org/Publications/publac.html.

Part Four: Environmental Justice and International Law-D. Hunter, J. Salzman and D. Zaelke International Environmental Law and Policy: A Comprehensive Reference Source, Chapter 16: Human Rights and Environment (2006) www.wcl.american.edu/environment/iel/sixteen.cfm.-University of Minnesota Human Rights Center www.umn.edu/humanrts (students should identify international laws on human rights that are relevant to environmental justice).-Center for International Environmental Law, One Species, One Planet: Environmental Justice and Sustainable Development http://ciel.org/Publications/OneSpecies_OnePlanet.pdf.-Maggio and Lynch, Part III, “Existing (Putative) Rights” and Part IV, “Overview of Existing and Emerging Legal Principles” at www.ciel.org/Publications/publac.html.-See also Biodiversity Convention, Article 8(j) (1993) www.cbd.int/convention/ articles.shtml? a=cb-8; Aarhus Convention (2001) www.unece.org/env/pp/; UN Declaration on Indigenous Peoples (2007) www.un.org/esa/socdev/unpfii/en/drip.html.

Part Five: North vs. South? The Climate Change Dilemma-Integrated Solutions to the Water, Agriculture and Climate Crises, Trade and Global Governance, International Agricultural and Trade Policy (2009) www.iatp.org/iatp/publications.cfm?accountID=451&refID=106167.M. Bapna, H. McGray, G. Mock and L. Withey, “Enabling Adaptation: Priorities for Supporting the Rural Poor in a Changing Climate,” WRI Issue Brief Washington, DC (2009) http://pdf.wri.org/issue_brief_enabling_adaptation. - A. Nelson and K. Chomitz, Do Protected Areas Reduce Deforestation?: A Global Assessment with Implications for REDD, Washington, DC: World Bank Independent Investment Group (2009) http://www.rightsandresources.org/blog.php?id=479. -See websites of -United Nations Climate Change Conference 2009 www.en.cop15.dk;

and UN-REDD Programme www.un-redd.org (2009).

3

Lynch/INTERNATIONAL LAW AND ENVIRONMENTAL JUSTICE/UP LAW 2010

-Weston, Burns H. “Climate Change Intergenerational Justice: Foundational Reflections,” Vermont Journal of Environmental Law, Vol. 9, No. 3 (2008) www.vjel.org/journal.php?vol+2007-2008.

N.B. The following sections are still undergoing review and revision. A complete, final outline will be available soon.

Part Six: Access, Information, Transparency and Corruption -Bishop, C. Access to Information as a Human Right: Analysis of the United Nations Human Rights Committee. Paper accepted to the Communication Law and Policy Division, International Communication Association, Dresden, Germany (2006). www.allacademic.com//meta/p_mla_apa_research_citation/0/9/1/6/4/pages91640/p91640-1.php.-Voice and Choice: Opening the Door To Environmental Democracy The Access Initiative, World Resources Institute, Washington, DC www.accessinitiative.org (2008).-Corruption and Renewable Natural Resources, Transparency International, Washington, DC, Working Paper No. 1 (2007) www.transparency.org/publications/publications/working_papers/wp1_2007_corruption_renewable_resources.

Part Seven: Process and Participation-Karen Syma Czapanskiy and Rashida Manjoo,” The Right of Public Participation in the Law-Making Process and the Role of the Legislature in the Promotion of this Right,” 19 Duke J. of Comp. & Int'l Law, 1 (2008) www.law.duke.edu/shell/cite.pl?19+Duke+J.+Comp.+&+.-A.A. Idowu, “Revisiting the Right to Self Determination in Modern International law: Implications for African States,” European Journal of Social Sciences, Vol. 6, No. (2008) www.eurojournals.com/ejss_6_4_05.pdf.-Perrault, A., K. Herbertson and O.J. Lynch, “Partnerships for Success in Protected Areas: The Public Interest and Local Community Rights to Prior Informed Consent,” Georgetown International Environmental Law Review, Vol. XIX (2007). Copies will be made available in the Law Library.

Part Eight: Natural Resource Use and Distribution: Water, Sanitation and Mines-Briscoe, J. India’s Water Economy: Bracing for a Turbulent Future, Ch 1. “The Huge Achievements” and Ch. 2. “Current and Looming Challenges,” World Bank, Washington, DC (2005) www.worldbank.org.in. See also www.unwater.org.

4

Lynch/INTERNATIONAL LAW AND ENVIRONMENTAL JUSTICE/UP LAW 2010

-UNICEF and World Health Organization, Progress on Drinking Water and Sanitation (2008) www.childinfo.org/mdg/mdg_assessmentreport_08.pdf.Crook, A. Center for Science in Public Participation www.csp2.org. Memo Re. Evaluation of human health and ecological impacts in Buyat and Totok Bays, Indonesia (2004) www.mineralpolicy.org/pubs/Crook_Analysis.pdf.

Part Nine: Forests, Pastures, Water, Carbon, and Community-Based Property Rights, Including the Commons-H.W.O. Okoth-Ogendo. “The Tragic African Commons: A Century of Expropriation, Suppression and Subversion” in Amplifying Local Voices, Striving for Environmental Justice: Proceedings of the African Public Interest Law and Community-Based Property Rights Workshop, Usa River, Tanzania, Center for International Environmental Law (2002). Copies will be made available in the Law Library.-Lynch, O. Community-Based Property Rights (CBPRs): A Concept Note. Center for International Environmental Law Issue Brief (2002) www.ciel.org/Publications/cbpr.pdf.-Colchester, M. et al. Forest Peoples, Customary Use and State Forests: The Case for Reform. Presented at the 11th biennial conference of the International Association for the Study of Common Property, Bali, Indonesia, 19-23 June 2006 www.iascp.org/bali/papers.

Part Nine: Gender and Population Issues -Food and Agricultural Organization Economic and Social Development Department. Gender and Sustainable Development in Drylands: An Analysis of Field Experiences, Chapters 1 and 2 (2003) www.fao.org/docrep/005/j0086e/j0086e00.HTM.-Mehra, R and M.H. Rojas, Women, Food Security and Agriculture in the Global Marketplace: A Significant Shift. Washington, DC, International Center for Research on Women (2008) www.icrw.org/docs/2008/a-significant-shift-women-food%20security-and-agriculture%20FINAL.pdf.-Mapping Population and Climate Change: An Interactive Video, Washington, DC: Population Action International (2000). www.populationaction.org/Publications/Interactive_Databases/climate-map.shtml.

Part Ten: Avoidance, Mitigation and Compensation: Toxics, Hazardous Wastes and Mines-Meriel Watts, Sowing Poison, Growing Hunger, Reaping Sorrow, Pesticide Action Network Asia Pacific, Penang, Malaysia (2005) www.panap.net/uploads/media/PAN_ANALYSIS_042005.pdf.-See International Code of Conduct on the Distribution and Use of Pesticides, Food and Agricultural Organization (2005) www.fao.org/docrep/005/Y4544e02.htm#bm2.1.-“Pakistan a dumping ground for e-waste,” Basel Action Network Toxic Trade News (2009) www.ban.org/ban_news/2009/090624_pakistan_a_dumping_ground_for_ewaste.html.

5

Lynch/INTERNATIONAL LAW AND ENVIRONMENTAL JUSTICE/UP LAW 2010

-Crystal Davis, “Basel Convention Addresses Growing E-Waste Problem, Earthtrends, World Resources Institute, Washington, DC (2006) www.earthtrends.wri.org/updates/node/120.-See Greenpeace website on Persistent Pollutants, Polyvinyl Chloride, Incineration, Toxic Trade, Toxic Hotspots and Latest News at www.greenpeace.org/campaigns/intro?campaign_id=3991.-Ramanie Kunanayagam and Ken Young, ‘Mining, environmental impact and dependent communities: The view from below in East Kalimantan,” The Politics of Environment in Southeast Asia. Philip Hirch and Carol Warren, eds.-add article on law and mining

Conclusion -Maggio and Lynch Part V. “Evolution of a New "Tripartite Approach" ‘www.ciel.org/Publications/publac.html.

FINAL EXAM

6