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Story of the KingOceans – Seas:
FloodingIssues and strategies
A taste of what the Court has doneAnd can do.
Story
-The first shoe, Crisis, Conservation of Life-sources,
-Mind-shift – a new norm of behavior
-from wasteful use to use that is wise and sustainable
“We cannot solve a problem using the same mindset that created the problem in the first place.”
Environment- is NOT about
birds and bees, LIFE and Sources of
LifeLand, Air and Water
(LAW)
Vital Organs of LIFE - Trees and
forests- Heart and Lungs
- Land & soil - skin and flesh
- Sea and waterways – blood and bloodstreams
- Land, Air and Water (LAW) of LIFE
- Foundation of all economic activities
- Economy is only a very minor subsidiary of the Life-Support Systems (Life Sources)
- What will we do with money if you do not have water, air is dirty, and food is poisoned
Development
• Conventional paradigm of Consumption-based Economics
• US, Britain, etc., Are they developed economies?
• Economics- def. efficient use of scarce resources.
• 5% of people- 30% of
resources?
Following the wasteful lifestyle
of the OCCNeed 9 earths to satisfy the consumption patterns
Is Waste Economical?“Developed Economy” -- contradiction of terms?
• We cannot solve a problem using the same mindset that created the problem in the first place? Question: What is that mindset? Ex-con
• Opposite : CPR - Conservation, Protection and Restoration
• Developed and Developing • Over-consuming Countries• Low consuming countries• Change words, meanings,
mindsets
•CarpenASEAN Seaster, K.E. and V.H. Niem (eds),
1998 - 2001
• 6 volumes, 4218 6 volumes, 4218 pppp > 100 experts > 100 experts contributingcontributing Seaweeds, corals, Seaweeds, corals, bivalves, bivalves, gastropods, gastropods, cephalopods, cephalopods, crustaceans, crustaceans, hagfishes, sharks, hagfishes, sharks, batoid fishes, batoid fishes, chimaeras, bony chimaeras, bony fishes, sea turtles, fishes, sea turtles, sea snakes, sea snakes, estuarine crocodile, estuarine crocodile, and marine and marine mammalsmammals
• The Indo-Malay-Philippine Archipelago
(IMPA) –Sulu-Sulawesi Marine
TriangleThe CENTER OF MARINE
Life-forms ON EARTH
The “PHILIPPINES IS THE CENTER OF THE CENTER OF MARINE BIODIVERSITY ON EARTH”– Dr. Kent Carpenter/UN FAO Study
Threats-Issues
• Blast fishing• Cyanide fishing• Commercial fishing in
prohibited municipal waters, Shark finning
• Illegal trade of endangered marine species (corals, certain kinds of shells and fishes).
• Climate Change-Ocean acidification
The “PHILIPPINES IS THE CENTER OF THE CENTER OF MARINE BIODIVERSITY ON EARTH”– Dr. Kent Carpenter/UN FAO Study
Water Pollution: Manila Bay Water Pollution: Manila Bay 1990s-200 MPN OF FECAL COLIFORM >1,000,000 MPN 1990s-200 MPN OF FECAL COLIFORM >1,000,000 MPN
Oral Argument in the Supreme Court August 12, 2008
• News articles:
Fish is coming back to Manila Bay, 2012
MANILA, Philippines - The Supreme Court (SC) has ordered the government to answer a petition of a group of environmentalists seeking the creation of rainwater collectors in the country. SC spokesman Midas Marquez said the national government agencies led by Malacañang, the Department of Public Works and Highways (DPWH) and the Department of the Interior and Local Government representing the 80 provinces, 150 cities, 1,400 towns and 42,000 barangays were given 10 days to comment on the petition filed by the group. SC allowed the petition of the Global Legal Action on Climate Change calling on the national government to come up with a more effective nationwide flood control project by implementing a 1989 law for rainwater collectors in all barangays.
Courts:
1.Tell a story in an orderly manner - Resolution2.Trigger action—shield public officials from political pressure3.Spark the needed mind-shift
Global Warming and Climate Change High FEVER
Crisis : Gravest threat to Mankind Greatest Opportunity
WApril 2012 Global Legal ActionOn Climate ChangeChildren and Top Lawyers of the world Prepare legal forms and templates
Global Notice to Sue by children and lawyers of the world-
Hold this generation, represented by our govertnments responsible for inter-generational damages:
Tsunami of legal actions around the world
• 30% Sidewalks• 30% Bike lanes • 30% (for Filipino-made
collective, non-pollutive transit system)
• 10% urban edible garden
• Not a request. It is a legal petition that government must act on.
Sec. 9, Exec. Order 774 (2008)
Sec. 9. Task Group on Fossil Fuels.
a. The DOTC shall lead to transform the transportation sector. The new paradigm in the movement of men and things must follow a simple principle: “Those who have less in wheels must have more in roads”. For this purpose, the system shall favor non-motorized locomotion and collective transportation systems (walking, bicycling, and the man-powered mini-train).b.The DOTC and the DPWH shall immediately transform roads using aforesaid principle.c.The DILG shall coordinate with all LGUs to transform the road system to favor persons who have no motorized vehicles.
• Judiciary of Malaysia – CJ Arifin – Environment Court• ADB-Kala• Chief Justices and Justices of the ASEAN• “With great power comes great responsibility”“To whom much is given, from whom much is required”
Thank you
• Supreme Court of the Philippines– Judicial path-breaking - example for the rest of the
worldRecent initiative to reduce the ridiculous volume of paper submitted in Court filings Waste segregation in Courts –
ASEAN?
Two Take Home Messages
Two Take-Home Messages1.Environment is Life, Life-sources, Life-forms— Land, Air and Waters LAW of Life2. The time for talk is over