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All Jurisprudence based

0 tracked cards Political and Public International Law

A coastal city of Solana passes Ordinance No. 2023-11, imposing a six-month moratorium on all new seabed mining explorations and operations within 100 kilometers of its coastline to prevent potential ecological damage. The ordinance cites the precautionary principle due to incomplete scientific certainty about the environmental impacts of deep-sea mining. The DENR and MGB have not completed a regional Environmental Impact Assessment for offshore blocks off Solana; OceanDepth Corp. argues the moratorium is an arbitrary restriction on lawful business and was enacted without public hearing; local fishers and environmental groups support preventive action. Which statement best explains the legal viability of this ordinance under Philippine law?

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The ordinance is valid only if the national government grants express consent; without consent, it is void. The precautionary principle requires full scientific certainty before action; the absence of certainty means no action is allowed. The ordinance is unlikely to be legally defensible: seabed mining falls within national sovereignty and is a national concern; local ordinances cannot ban or regulate seabed mining; the precautionary principle cannot overcome preemption or nullify national permitting and EIA requirements; due process is also lacking due to absence of public hearing. The ordinance is valid because local governments may exercise police power to protect health and environment, provided actions are reasonable and do not contradict national law.

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