International Environmental Law Violations: No True Solution?by Carlos Montemayor | 17-07-2018 21:53 |
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 In the span of the years 2013 and 2015, an issue regarding pollution and waste disposal involving two countries, Canada and the Philippines, gained attention globally. It was discovered that a Canadian company had illegally shipped multiple containers of trash to a Philippine port. Given that the Philippines itself has a lot of internal issues about proper waste disposal and discipline, and that Canada as a developed country has more than enough resources and capabilities to dispose of its own waste properly, these discoveries brought about a lot of questions with more advanced, developed, and powerful countries taking advantage of smaller ones in issues such as these, making them essentially dumping grounds for trash. On a more general sense, bigger countries seemed to be treating smaller ones as burden-carriers, as those who would take the consequences of their actions regarding environmental concerns, rather than they who have the means and capabilities to do so themselves. I will not be focusing on this case, but on its implications on the international community and international relations. For those curious, this case ended with a Philippine court deciding that the waste would have to be transported back to Canada (look at that waste of transportation fuel and costs!). When cases such as these happen, they are not easily resolved. For one, the more powerful country likely has the advantage in terms of economic might, international influence, and sometimes even military capabilities. The smaller country, the victim, essentially has no means to dispute and hold accountable the other country for its actions. They are vulnerable to constantly being victimized by these more powerful countries. In events such as these, the only options for the smaller country is solidarity from the international community. If and when applicable international environmental laws exist, then these may prove to be another useful option for the victim country. However, these can only go so far as these are the only options that would be plausible and would be "legal" for that country to try to get justice for itself and its citizens. These "soft" laws are just that, soft. They are similar to other international agreements wherein they carry no true power once a party decides to back out or violate it. Maybe if another powerful country is violated, then the violator may be coerced to abide by the international law, but in cases such as these, there seems to be little hope for the country to gain justice for itself. These larger, much more powerful countries can easily disregard international decisions and act on its own interests. In these times, it is hard to admit and say that there is perhaps no solution to help and guard the smaller victimized countries. Personally, what I believe are the most appropriate solutions are what I already mentioned that exist now. First: international solidarity. Allied nations and local nations such as the European Union or ASEAN should make sure that each holds it members accountable for any action that violates international environmental law and remain ready to defend its members who are violated. These associations of nations are extremely important because they are more solid and concrete that soft alliances, and the fact that more international parties are involved means more accountablity can be expected from them. Right now, we are limited by the disparity in economic and military power and influence of the larger nations as compared to smaller, more vulnerable countries. However, as the best option presents, all of us: countries, groups, and individuals should always stand in solidarity with the party in the right, the victim. This is our best hope of combatting such issues and violations, and maintaining and upholding existing laws. For those interested in reading about the Philippine-Canada case, my main source for this article is: https://www.rappler.com/newsbreak/iq/188654-timeline-canada-garbage-philippines
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