Asian Judges Symposium on Environmental Decision Making, the Rule of Law, and Environmental Justice


Book Description

The symposium held on 28-29 July 2010 at the Asian Development Bank---whose proceedings are documented in this publication---brought together senior members of the judiciary and environmental ministry officials from Asian jurisdictions, academe, civil society, international organizations, and distinguished experts from developed countries and development institutions to share experience that will lead to an improvement in the quality of environmental adjudication on environment and natural resource cases in Asian jurisdictions. At the symposium, Asian judges proposed an Asian Judges Network on the Environment to improve the quality of environment court rulings and cases.




South Asia Conference on Environmental Justice


Book Description

This publication documents the proceedings of the South Asia Conference on Environmental Justice, held last 24–25 March 2012 at Bhurban, Pakistan. The conference brought together chief justices, senior members of the judiciary, and other legal stakeholders in South Asia, to highlight environmental challenges in the subregion, and devise ways to strengthen the implementation of environmental justice and ensure compliance with environmental laws. The recommendations from the conference led to the adoption of a 14-point Bhurban Declaration establishing "green benches" across Pakistan and calling for subregional collaboration for educated judiciaries, specialized courts, and cooperation to achieve environmental justice.




Environmental Justice in India


Book Description

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.




Proceedings of the Second South Asia Judicial Roundtable on Environmental Justice


Book Description

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.




Proceedings of the Third South Asia Judicial Roundtable on Environmental Justice for Sustainable Green Development


Book Description

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.




International Organizations and the Promotion of Effective Dispute Resolution


Book Description

This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.




Environmental Law Before the Courts


Book Description

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.




Courts and the Environment


Book Description

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.




An Environmental Court in Action


Book Description

This book provides a critical assessment of the New South Wales Land and Environmental Court (NSWLEC). Effective adjudication has become a key consideration for environmental lawyers. One of the most important questions is whether environmental law frameworks need their own courts, with the conclusion being: yes they do. Here, a pioneer of such a court, the NSWLEC is forensically examined to see what it might teach other such courts. Showing a court 'in action' it suggests models that practitioners and policy makers might follow. It also speaks to the environmental law scholars, setting out a conceptual framework for studying such courts as legal institutions. This multi-faceted collection is invaluable to scholars and practitioners alike.