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Outcomes of Rio+20: Progress on Law for Sustainable Development. Marie-Anne Birken , Deputy General Counsel Office of the General Counsel Asian Development Bank. ADB’s Core Environmental Priorities Post Rio+20. Promoting Sustainable Infrastructure Improving Environmental Governance - PowerPoint PPT Presentation
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Outcomes of Rio+20:Progress on Law for Sustainable
Development
Marie-Anne Birken, Deputy General CounselOffice of the General Counsel
Asian Development Bank
ADB’s Core Environmental Priorities Post Rio+20
1) Promoting Sustainable Infrastructure
2) Improving Environmental Governance
3) Preserving Natural Capital
1) Sustainable Infrastructure
2) Improving Environmental Governance
Asian Environmental Challenge: Deforestation and Illegal Logging
• xxx
Asian Environmental Challenge: Illegal wildlife trade
• xxx
• xxx
Asian Environmental Challenge: Ocean destruction, illegal fishing and
marine pollution
Asian Environmental Challenge: Falsely approved EIA’s and illegally
issued development permits
Chief justices and the senior judiciary:
• can champion environmental rights and environmental justice;
• shape environmental law and give precedents; and
• issue rules and directions to lower courts to carry out their role adjudicating environmental cases.
Judges and the Environment
International Recognition
• 1992 Rio Declaration on Environment and Development - Principle 10
• The 2002 Johannesburg Principles
• Rio+20 Outcome Document
• World Congress
Key Legal Challenges in Environmental Cases
• Standing rules
• Burden of proof and the application of the precautionary principle
• Damages
• Expert and scientific evidence
• Sanctions and penalties
• Enforcement
• Alternative dispute resolution
Capacity and Governance Challenges
• Judicial education
• Judicial capacity
• Access to environmental justice
• Threats to integrity
Strengthening Capacity and Governance in Environmental Adjudication
• General Courts (green benches) (India Supreme Court)
• Environmental courts (Philippines, Thailand Supreme Court and Thai Administrative Court)
• Judicial certification on environment (Indonesia)
• Environmental Tribunals (Pakistan, India)
• Judges training
ADB’s role in promoting the role of judges and environment
Brunei Darussalam
Cambodia
Laos PDR
Myanmar
Singapore
Indonesia
Malaysia
Philippines
Thailand
Viet Nam
ASEAN Chief Justices
roundtable on environment
Bhutan
Maldives
Sri Lanka
Bangladesh
India
Nepal
Pakistan
ASIAN JUDGES NETWORK ON ENVIRONMENT
South Asian Chief Justices
roundtable on
environment
National Innovations
• Indonesia – judicial certification and progress through One Roof Environmental Enforcement
• Malaysia – establishing green courts and training
• Pakistan – enhancing environmental judicial capacity and education and establishing green courts
3) Preservation of Natural Capital
The Nationalization of International Environmental
Laws
• Judicial Colloquium on Biodiversity at the Biodiversity COP (India)
• Conference of the Parties on the Convention on International Trade in Endangered Species of Wild Fauna and Flora in Asia (CITES)
Thank You!
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