Environmental activism by the Philippine Supreme Court: initiatives and impediments

IF 0.3 Q4 ENVIRONMENTAL STUDIES
Reynato S Puno, Dante B Gatmaytan
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引用次数: 0

Abstract

Environmental law innovation is a feature of jurisprudence in the Philippines, which is world famous for the decision of its Supreme Court in 1993 in the case Oposa v Factoran – which is often, somewhat erroneously, perceived as having conferred legal standing on generations of people as yet unborn. Other environmental initiatives of the Supreme Court are also well-known. Further, the Court has promulgated decisions that incorporate the ideas of ‘intergenerational equity’ and ‘continuing mandamus’ as environmental tools. The Court has also promulgated ‘Rules of Procedure for Environmental Cases’ to provide, among other things, for faster responses to be taken to environmental emergencies through the Writ of Kalikasan (‘kalikasan’ meaning ‘nature’). These initiatives, however, have not been as successful in practice as it was hoped they would have been. The Court’s doctrines are commonly misunderstood and have faced opposition, even from within the Court itself; and the Writ of Kalikasan has been conservatively applied by courts, which allows continuing environmental trauma to occur. This article examines the gaps in both case law and the Rules of Procedure and makes recommendations for improving the Supreme Court’s rules.
菲律宾最高法院的环境行动主义:倡议与障碍
环境法创新是菲律宾法理学的一大特色。1993 年,菲律宾最高法院在 Oposa 诉 Factoran 一案中做出的裁决举世闻名--人们常常错误地认为,该裁决赋予了尚未出生的几代人以法律地位。最高法院的其他环境倡议也广为人知。此外,法院还颁布了将 "代际公平 "和 "持续强制令 "理念作为环境工具的裁决。法院还颁布了 "环境案件程序规则",除其他外,规定通过 Kalikasan 令状("kalikasan "意为 "自然")更快地应对环境紧急情况。然而,这些举措在实践中并没有像人们希望的那样成功。法院的理论通常被误解,甚至遭到法院内部的反对;法院对 Kalikasan 令状的适用一直比较保守,导致环境创伤持续存在。本文探讨了判例法和《程序规则》中存在的不足,并提出了改进最高法院规则的建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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期刊介绍: The Asia Pacific Journal of Environmental Law (APJEL) is published in two issues each year by the Australian Centre for Climate and Environmental Law (ACCEL). To subscribe please complete the Subscription form and return to ACCEL.
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