Principles of international environmental protection - Introduction to International Environmental Law - page 117

Lawyer and environment activist Juan Antonio Oposa fi led a suit against Fulgen-
cio S. Factoran, who was in charge of the Environment and Natural Resources
Department of the Philippines. The government had granted a huge number of
logging permits in the rainforests. Oposa considered this to be a violation of the
constitutional right to a sound environment.
Oposa took legal action on his own behalf and that of his children, the young-
est of whom was only nine months old. The action was also taken on behalf of
anonymous future children who would not even see the Philippine rainforests at
the present rate of felling. To the surprise of many, the Supreme Court deemed
in 1994 that minors and children yet unborn could be considered to have the
status of party to this case:
This case, however, has a special and unique element. Minor Petitioners
assert that they represent their generation as well as generations yet
unborn. We fi nd no diffi culty in ruling that they can, for themselves, for
others of their generation and for the succeeding generations, fi le a class
suit. Their right to sue on behalf of the succeeding generations can only
be based on the concept of intergenerational responsibility insofar as the
right to a balanced and healthful ecology is concerned. Such a right, as
hereinafter expounded, considers the 'rhythm and harmony of nature'. In
this context, Nature means the created world in its entirety. Such rhythm
and harmony essentially includes, inter alia , the judicious disposition, utili-
zation, management, renewal and conservation of the country's forest,
mineral, land, waters, fi sheries, wildlife, offshore areas and other natural
resources to the end that their exploration, development and utilization be
equitably accessible to the present as well as future generations. Needless
to say, every generation has a responsibility to the next to preserve that
rhythm and harmony for the full enjoyment of a balanced and healthful
ecology. Put a little differently, the minors' assertion of their right to a
sound environment constitutes the performance of their obligation to
ensure the protection of that right for the generations to come.
The petitioners were successful in their case against the Environment and
Natural Resources Department.
It should not be forgotten that although intergenerational equity (part of the
concept of sustainable development) seldom has distinct concrete manifesta-
tions, it provides background guidance for international environmental
agreements. The climate and ozone regimes are, of course, intentionally
designed to work for the benefi t of future generations as well.
The clearest principle of fairness in international environmental law is that
of 'common but differentiated responsibilities'. According to general interna-
tional law, states are equal and this is immediately apparent in the negotiation
of international agreements. Each state can decide whether or not to partici-
pate in the negotiations, on what terms and in which group, whether or not