Don't dump me: A legal study on the accountability of the Philippine and Canadian governments regarding the dumping of Canadian wastes on the Philippine soil

• Main Authors: Berlin, Nicola Alessandra D., Talens, Alysa Joira C.
• Format: text
• Language: English
• Published: Animo Repository 2016
• Subjects: Refuse and refuse disposal > Law and legislation > Philippines; Refuse and refuse disposal > Canada; Offenses against the environment > Law and legislation > Philippines; Environmental Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5646
• Institution: De La Salle University

The right to a balanced and healthful ecology in accord with the rhythm and harmony of nature is fundamental right of the present and future generations. Such right is recognized under Article II, Section 16 of the 1987 Constitution.Various environment laws were enacted and environmental treaties and agreements were entered into and ratified by the Philippines in order to firmly impose this fundamental right. In addition, several treaties that provided for the protection of the environment were signed and ratified by the Philippines. Unfortunately, even with the enactment and implementation of environmental laws, it still remains as a challenge to protect the environment from different kinds of environmental degradation.The dumping of wastes is an activity that is difficult to control. The significant negative impact brought about by this can be viewed as an encroachment to the people's fundamental right to a balanced and healthful ecology.Recently, reports concerning the transboundary movement of wastes from Canada in Philippine landfills circulated. It was discovered that several shipments of wastes from Canada were shipped to the Philippines.In the Philippine government's pursuit to protect the fundamental right of its people to a balanced and healthful ecology and to uphold their obligation to the different international environmental laws, it is the Philippine government's task to safeguard that right through the prohibition of human acts that will degrade the environment.This study will weigh in the importance of the fundamental right of the present and future generation to a balanced and healthful ecology on one hand, and the importance of diplomatic ties with another country on the other hand. In addition, this study will look into the accountability of the government of the Philippines and the government of Canada on the transboundary movement of wastes that happened between the countries. Throughout this study, environmental justice will be highlighted and advocated.