50178390_nanabanb6-Environmental-Policy.pptx

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1. Capt. Epegenio A. Clerigo , Jr MM EP

2. Defining the fundamental Concept of Policy? Policy? A policy is typically described as a principle or rule to guide decisions and achieve rational outcome/s . A purposive course of action based on societal values , dealing with a matter or concern , and predicting the outcome that would result from the achievement of the purpose. It refers that: It has a clear and unique purpose It has an authoritative allocation of values for the whole society”. It contains some basic principles by which the state institutions or officials are guided.

3. Public Policy? Public Policy serving as the enabling and guiding framework for government in all sectors and at all levels. Example : Education Policy Environmental Policy etc . Public policy is all about: The intentions of the legislative authority towards society The direction in which the legislator wants to steer society The utilization of national resources

4. Characteristics of Policy: Authoritative Enforceable Flexible and adaptable Feasible Clear Transparent Consultative

5. The Policy Cycle Problem Definition Identify conditions as public problems that merits Government attention Agenda Setting Focus Governmental consideration on an Idea Formulation Develop Acceptable alternatives, proposals, and options for dealing with Public problems Implementation Convert Legislation, Regulations, and other Policy Plans into execution Evaluation Assess Policy in terms of its Intensions, Results and Outcomes Changes Revise Policies based on actual or perceived effect on problem

6. Difference between Policy and Law? S L Policy Laws 1. Policy is a decision making framework or course of actions to achieve a desired effect or Change in the society. Laws are set standards, principles, and procedures that must be followed in society. 2 Policy is just informal as it is just a statement or a document of what is intended to be done in the future. Law is more formal as it is a system of rules and guidelines that made for implementing justice in the society.. 3. Policies can lead to new laws Laws can be modified/reviewed but not lead to new policies 4 Policies are made in the name of the people Laws are made for the people 5. Policies are administered by state institutions or officials as Laws are administered through the courts, which is enforceable

7. Policy vs. Rules and Regulation… Procedures Policies differ from rules/regulations. Rules are more specific than policies because it (rule) is usually entail penalties for violation. Policy establishes a guiding framework for rules. Policy is broader than rules because it is usually stated in general statement. Policies also differ from procedures in the sense that procedures provide standard methods by which work is performed and provide a check against deviations . Procedures are subordinate to policies. Policy contains with the “what” and the “why”, whereas the procedures or protocols contains the “what”, the “how”, the “where”, and the “ when” .

8. What is Environmental Policy? Environmental policy of a State refers to the deliberate actions taken by a State to manage the activities of the population within that State in order to prevent, reduce or alleviate any harmful effects on nature and its natural resources . As Reference: The National Environmental Policy (NEP, 1992) in Bangladesh considers 15 broad sectors to address overall environmental issues in Bangladesh. These are: 1) Agriculture; 2) Industry; 3) Health and Sanitation 4) Energy and Fuel; 5) Water Development, Flood Control and Irrigation; 6) Land; 7) Forest, Wildlife and Bio- diversity; 8) Fisheries and Livestock ;9) Food; 10) Coastal and Marine Environment; 11) Transport and Communication; 12) Housing and Urbanization; 13) Population 14) Education and Public awareness 15) Science, Technology

9. Environmental policy refers to the commitment of an organization to the laws, regulations, and other policy mechanisms concerning environmental issues. These issues generally include air and water pollution, solid waste management, biodiversity, ecosystem management, maintenance of biodiversity, the protection of natural resources, wildlife and endangered species

10. Env i r onmen t a l Policy The commitment of the Government on abatement of pollution for preventing deterioration of the environment is called as Environmental Policy. The policy elements seek to shift emphasis from defining objectives for each problem area towards actual implementation including long term vision document to forecast the sustainable utilization of natural resources. Environmental Problems Ai r Wat er S oi l Biodiversity

11. The 1960s marked the beginning of modern environmental policy making. After the publication of Silent Spring By Rachel Carson and 1969 massive oil spill in Santa Barbara, California, the stage had been set for change in environment.

12.  In July 1970, President Nixon had signed Reorganization Plan No. 3 calling for the establishment of EPA .  At that time, Environmental Policy was a bipartisan issue and the efforts of the United States of America helped spark countries around the world to create environmental policies.  President Nixon signed the Clean Air Act in 1970 which set the USA as one of the world leaders in environmental conservation.

13. Demonstrate the organization's commitment to improving its environmental performance Co m m u n i c a t e the o r ganiz a t ion ' s m is s io n , vision and beliefs towards the environment to the staff and other interested parties Provide a framework for guiding the organization's ongoing environmental improvement efforts. N e e d

14. O b j e c t i v e s Prevent pollution at source Encourage, dev e l op and apply the be s t a v a i l a b le t e chn i c al solutions En s u r e that the pol l uter p a y s f or the po l lution a n d co n t rol arrangement Focus protection on heavily polluted areas and river stretches Involve the public in decision making

15. Environmental Standards The present standards are based on the concentrations of pollutants in effluents and emission. The norms will be revised to lay down mass-based standards, which will set specific limits to encourage the minimization of waste, promote recycling and reuse of materials as well as conservation of natural resources. Standards will not merely be a regulatory tool but will be a mechanism to promote technological upgradation to prevent pollution, conserve resources and regulate waste. For this purpose, code of practice and guidelines will be evolved for specific processes.

16. The environmental effects from production to disposal of product that are hazardous and toxic will be taken into account in the regulations. Regulations of liability and compensation for damages will supplement standards to promote greater care and caution, particularly the management of hazardous wastes and remedial action in case of contamination of soil and ground water.

17. Why the study of Environmental Policy? Three basic reasons: Scientific Understanding : To understand the causes and consequences of policy decisions, which will improve our knowledge on environmental concerns and issues. It can understand with both dependent and independent variable. Example: as a dependent variable , we may search with what socioeconomic condition and political systems characteristics operated to shape certain policies? As independent vari able ,we may search with what impact public policy has on the society and its political system Problem Solving : To study the courses of actions or activities taken in the policy to seek solutions of environmental problems on the ground. Policy Recommendations : To assess and review the success of Policies based on actual or perceived effect in addressing the environmental problem.

18. Development of International Environmental Laws and Policies I. The Stockholm Declaration, 1972 (as r e sult of Stoc k h o lm Confe r en c e held on 5 - 6 June, 1 9 7 2 ) Declaration contains 26 principles and an action plan for Environment with 109 Recommendations (for UN member states) Principle-21 affirms that “ States have the sovereign right to exploit their own resources pursuant to their own environmental policies ” Principle-22 imposes on States that “ the responsibility to ensure that activities within their jurisdiction or control don not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction ” Establishment of UNEP (United Nations Environmental Programme), 15 Dec. 1972

19. Formulation of treaties at Global levels : The World Heritage Convention, 1972 The Convention on International Trade in Endangered Species, 1973 The London Ocean Dumping Convention, 1972 The International Convention for the Prevention of Pollution by Ships (MARPOL The UN Convention on the Law of the Sea (UNCLOS), 1982 The Vienna Convention for the Protection of Ozone Layer, 1985 Formulation of treaties at Regional levels : The Convention on the Conservation of Nature, 1985 --- by ASEAN The Bamako Convention on Hazardous Wastes, 1991 --- in Africa The Treaty on European Union, 1992 --- in Europe

20. The World Charter for Nature, 1982 --- adopted by UN General assembly The World Conservation Strategy, 1980 The Caring for the Earth Strategy, 1991 The Rio Declaration on Environment and Development, 1992  ( As Ad R o e p s te u d lt 2 of bi t n h d e in E g a i r n t s h tr S u u m m en m ts it a h n e d ld 3 o n n on 3 - - b 1 i 4 nd J in u g ne in 1 s 9 tr 9 u 2 m ) ents for the states Binding Instruments : The UN Framework Convention on Climate Change ----- UNFCCC The Convention on Biological Diversity.

21. ( held on 6-8 Sept. 2000 in The Millennium Summit, 2000 New  Yor A k d ) opted a " United Nations Millennium Declaration“ Setting of Millennium Development Goals (MDGs). The World Summit on Sustainable Development, 2002 ( h  eld Jo in ha J n o n h e a s n b n u e r s g bu D r e g c , l S ar o a u ti t o h n A , f 2 ri c a 2 , in August 2002)—As Rio+10 Reaffirmation of UN Millennium Summit Goal III. The Kyoto Protocol ( adopted in Kyoto, Japan, on 11 December 1997  ) Commitment for the Climate Change Adaptation Fund Introduced three Mechanisms: International Emissions Trading Clean Development Mechanism (CDM) Joint Implementation

22. General Principles of International Environmental Law Principle of Sustainable Development Refers to Principle-1 of the Rio Declaration, 1992 as: “ Human beings are at the center of concerns for sustainable development . They are entitled to a healthy and productive life in harmony with nature ” Principle of Responsibility for Trans-boundary Harm Refers to Principle-21 of the Stockholm Declaration, 1972 as: “ States have…the sovereign rights to exploit their own natural resources pursuant to their own environmental policies ” Principle-22 imposes that: “ The responsibility to ensure that activities within the State’s jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction ”

23. 3. Principle of Precaution Principle-15 of the Rio Declaration, 1992 refers as: “ In order to protect the environment , the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. 4. Polluter-Pays Principle Principle 16 of the Rio Declaration refers as: “ National authorities should endeavor to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution , with due regard to the public interest and without distorting international trade and investment.”

24. 5. Principle of Cooperation, and Common but Differentiate Responsibilities Principle 7 of the Rio Declaration refers as: “ States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities . This principle considers two elements: Firstly : Common responsibility of States for the protection of environment Secondly : States contribution to the creation of a particular environmental problem and its ability to combat the threat

25. 6. Principle of Intergenerational Equity United Nations Framework Convention on Climate Change (“UNFCC”), 1992 refers in article 3.(1) to “ intergenerational equity ”. Paragraph 6 of the Copenhagen Declaration refers to “ Equitable social development” and “social justice ” The concept of equity is also embodied in the United Nations Millennium Goals (e.g. the Eradication of Poverty) and Millennium Declaration. Principle of Good Governance This principles implies that States and international organizations should: adop t tra n s p ar e nt d e cisio n - making p roc e d u r es an d fin a nci a l accountability; take effective measures to combat corruption; Respect due process (in procedures) and observe the rule of law; protect human rights; and conduct public procurement in a transparent, non-corrupt manner

26. ISO 14001 The goals of EMS are  To increase compliance and reduce waste  Compliance is the act of reaching and maintaining minimal legal standards . By not being compliant, companies may face fines, government intervention or may not be able to operate.  Waste reduction goes beyond compliance to reduce environmental impact. The EMS helps to develop, implement, manage, coordinate and monitor environmental policies . Waste reduction begins at the design phase through pollution prevention and waste minimization. At the end of the life cycle, waste is reduced by recycling