COMPARATIVE LEGAL ANALYSIS OF THE NIPAS LAW

Laws are dynamic. They are enacted to provide solutions to societal problems that arise or may arise in the future. However, since laws are enacted based on societal needs, these needs change overtime. Along with changes in societal needs, government policies and objectives also change. Changes in government policies result in legal conflicts. Environmental laws, such as the NIPAS Act, are no exception.

A review of a law requires not only an analysis of the policies the law seeks to implement but also a comparative analysis of the law vis-à-vis existing statutes which directly or indirectly affect the successful implementation of said law.

In order to understand and examine better the NIPAS Act, it is important to compare it to other existing laws which affect its implementation in a myriad of ways. A provision of another law may be deemed relevant or not relevant to a NIPAS provision in any of the following ways: (1) it is repealed by NIPAS (e.g., if it’s covered by the repealing clause of the NIPAS); (2) it supersedes NIPAS in that it was enacted after NIPAS and NIPAS is covered by its repealing clause; (3) it is as legally operative as the NIPAS over PAs so that it can complicate the implementation of NIPAS; or (4) it has been established by principles of law and jurisprudence of be ascendant to NIPAS. The comparative analysis herein focuses more on number (3) because numbers (1) and (2) are not difficult to verify. The repealing clause of the NIPAS law (Section 23) does not repeal any particular law. It repeals in general all laws and rules not consistent with the NIPAS law. But repeals by implication are not favored; thus, an analysis on whether there exists a repeal still leads to a discussion of number (3). Numbers (2) and (4) are not needed at this time because there is no law or jurisprudence that repeals, supersedes, nullifies, or is more superior to the NIPAS law when it comes to protected areas.

Due to numerous laws that have a bearing on PAs or their management, a review of these laws and NIPAS law becomes imperative in order to strengthen the NIPAS and avoid or clarify complications.

Below is a summary of several comparative analyses between the NIPAS Act and laws which affect the former’s successful implementation. The comparative analyses reflect the salient features of the laws compared, a brief legal assessment of the provisions of the laws, and a succinct examination of the problem areas which have risen based on experience, as well as possible problem areas which have not yet cropped up.