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This publication documents the proceedings of the Second South Asia Judicial Roundtable on Environmental Justice, held on 30-31 August 2013 in Thimphu, Bhutan. It brought together chief justices, senior judges, and experts from various fields to consider common environmental challenges in the region, share experiences, and discuss opportunities for cooperation between judiciaries to enhance environmental adjudication and enforcement. The recommendations and the discussions led to the adoption of the Thimphu Declaration on Enhancing Environmental Justice in South Asia. The participants also agreed to the signing of the Memorandum of Understanding for Co-operation Amongst the South Asia Judiciaries, which aims to significantly improve the development, implementation, and enforcement of, and compliance with, environmental law.
This publication documents the proceedings of the Third South Asia Judicial Roundtable on Environmental Justice for Sustainable Green Development, held on the 8th and 9th of August 2014 in Colombo, Sri Lanka. Building on work and the discussions of the previous roundtables, key themes discussed in Colombo include judicial training and capacity enhancement, regional integration and cooperation, enhancing the efficacy of the judicial system for environmental justice, and the application of Alternative Dispute Resolution methods. In addition, the event tackled specific issues relating to urban development, natural capital, gender, community forest management, and tourism. The roundtable culminated in the adoption of the Colombo Action Plan consisting of concrete steps and measures toward the development of environmental rule of law.
This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
This Review and Compendium of Environmental Policies and Laws in Bhutan aims to facilitate access to information for all stakeholders engaged in the environment sector, in particular for the Judiciary and administrative officials responsible for overseeing the protection of the country's natural resources. Moreover, it seeks to empower citizens to take action in support of environmental protection. It provides background information on Bhutan, as well as an introduction and overview of key environment, natural resources, and climate change, laws, rules, policies, and regulations of the country. This publication is one of the key proposals of the Royal Court of Bhutan as a follow-up action to the Second South Asia Judicial Roundtable on Environmental Justice held in Thimphu, Bhutan on 30-31 August 2013.
From 15-18 November 2013, the Association of Southeast Asian Nations (ASEAN) chief justices and their designees convened in Bangkok, Thailand for their third roundtable on environment with the theme "ASEAN's Environmental Challenges and Legal Responses." Distinguished speakers and the judicial participants shared their knowledge and experiences in dealing with the region's environmental challenges, and the various means and innovations they have implemented to effectively address these challenges. The ASEAN judiciaries agreed on how they could advance regional collaboration and accelerate the implementation of "A Common Vision on Environment for ASEAN Judiciaries" (the "Jakarta Common Vision"), such as by establishing National Working Groups on Environment and an ASEAN Judiciaries Working Group on Environment, and prioritizing the attendance of their chief justices at the annual ASEAN Chief Justices' Roundtable on Environment that is supported by the Asian Development Bank.
Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
From 12 to 14 December 2014, the Association of Southeast Asian Nations (ASEAN) chief justices and their designees convened in Ha Noi, Viet Nam, for their fourth roundtable on environment, with the theme "Role of the Judiciary in Environmental Protection." Eminent speakers and participants shared their insights on the judiciary's role in protecting the environment, particularly in addressing the region's environmental challenges. The ASEAN judiciaries reviewed their progress made in implementing A Common Vision on Environment for ASEAN Judiciaries (or the "Jakarta Common Vision") and further deliberated on the Proposed Hanoi Action Plan to Implement the Jakarta Common Vision. Toward the end of the roundtable, the participants agreed in principle on the plan. The plan officially took effect on 10 February 2015. Brunei Darussalam and Singapore support efforts to protect the environment and recognize the relevance of the work of the ASEAN Chief Justices' Roundtable on Environment, and noted that the plan does not require a binding commitment.
The ASEAN judiciaries reviewed their agreements on how they see, and aimed to fulfill, their role in protecting the environment, advancing environmental justice, and upholding the rule of law at the Sixth Roundtable held in the Philippines. The Sixth Association of Southeast Asian Nations (ASEAN) Chief Justices' Roundtable on Environment, cohosted by the Asian Development Bank, served as a forum to strengthen ASEAN judges' knowledge and expertise in environmental and climate change law. The Sixth Roundtable, held in the Philippines on 10–13 November 2016, enabled ASEAN chief justices and their nominees to review prior roundtable agreements and report progress in implementing the Jakarta Common Vision, the Hanoi Action Plan, and the Angkor Statement. The annual roundtable conferences aimed to support ASEAN judges in strengthening their capacity to interpret, apply, and enforce environmental treaties, laws, and regulations based on the rule of law, thereby enabling effective environmental adjudication.