Promoting Judicial Networking in Environmental Matters Across the Pan-European Region

1. Promoting Judicial Networking in Environmental Matters Across the Pan-European Region Aarhus Task Force on Access to Justice 17 June 2015 Barbara RUIS United Nations Environment Programme barbara.ruis@unep.org

2. The Judiciary is a crucial partner in the development, interpretation, implementation and enforcement of environmental law

3. At present over 100 national constitutions provide a right to a healthy, clean and safe environment. These constitutional provisions have had a great influence on judicial decisions the world over. The protection of the environment and the promotion of human rights are increasingly recognized as intertwined and complementary goals. Ecosystems and the services that they provide, are the foundations of the full enjoyment of human rights such as the right to life, health, food and safe drinking water.

4. 2002 Global Judges Symposium on Sustainable Development and the Role of Law (Johannesburg • 2012 World Congress on Justice, Governance and Law for Environmental Sustainability (Rio)

5. 2012 World Congress Called for the creation of an international network to support efforts to achieve sustainability through stronger legal responses to environmental pressures. Development of environmental rights from a substantive and procedural perspective; the challenges for judges and prosecutors of balancing tensions between environmental and socioeconomic objectives; and the emergence of new principles to interpret existing legislation with the aim of providing adequate consideration to environmental aspects of litigation. “the importance of rules-based societies…effective governance frameworks, equity and justice, as inextricable aspects of environmental sustainability.”

6. International Advisory Council After the World Congress UNEP appointed a new council of senior legal persons: the “International Advisory Council for the Advancement of Justice, Governance and Law for Environmental Sustainability” to advance the role of law, justice and good governance in achieving sustainable development. This council comprises 9 members; it is tasked with engaging the legal and auditing community worldwide, supporting the development and implementation of environmental law at all levels, and encouraging the further expansion of environmental jurisprudence.

7. Environmental Rule of Law UNEP GC Decision 27/9 (2013) on Advancing Justice, Governance and Law for Environmental Sustainability: ‘the violation of environmental law has the potential to undermine sustainable development and the implementation of agreed environmental goals and objectives …. the rule of law and effective governance play an essential role in reducing such violations’. The first internationally negotiated document to establish the term ‘environmental rule of law’

8. 2014 UNEP Global Symposium on Environmental Rule of Law 2. Law, coupled with strong implementing institutions, is essential for societies to respond to increasing environmental pressure in a way that respects fundamental rights and principles of fairness, including for future generations. 10. The world’s chief justices, attorneys general, judges, …. and all stakeholders must continue the dialogue on the environmental rule of law in order to increase both cooperation and the broad ownership of environmental rule of law.

9. ASIA • Judges conferences in Central Asia, South Asia and Southeast Asia, and in countries incl. Cambodia, Indonesia, Lao PDR, Thailand, and Vietnam; 2011 Southeast Asian Chief Justices Roundtable; 2012 South Asia Conference on Environmental Justice. • The Supreme Court of Malaysia has now established a court to handle environmental cases. Similarly, a Green Bench was established in the Supreme Court of Pakistan in addition to green benches in several High Courts of Pakistan. The Supreme Court of Indonesia and the Ministry of Environment has launched its Environmental Judges Certificate Programme for judges who have completed environmental law training.

10. AMERICAS • First Inter-American Congress on the Environmental Rule of Law was held in Montego Bay, Jamaica (2015) • The environmental rule of law is essential for the achievement of sustainable development and fundamental for peace, social and economic wellbeing and is indispensable in ensuring just and sustainable development outcomes and in guaranteeing fundamental rights to a healthy environment in the Americas. The environmental rule of law must be an integral part of the Americas’ sustainable development agenda and must be strengthened to respond to environmental challenges, and for the realization of the proposed sustainable development goals as well as in fairness for future generations.

11. United Nations Environment Assembly (UNEA) Resolution 1/13 (2014): Implementation of Principle 10 of the Rio Declaration on Environment and Development • Takes note of the Declaration on the Application of Principle 10 in Latin America and the Caribbean ..., which gave rise to a process aimed at strengthening dialogue and cooperation among the countries of the region to explore the feasibility of adopting a regional instrument on rights of access to information, participation and environmental justice • Encourages countries to continue their efforts to strengthen international dialogue and cooperation, technical assistance and capacity-building in support of the implementation of Principle 10 taking into account relevant advances, instruments, experiences and practices since its adoption and to work for the strengthening of environmental rule of law at the international, regional and national levels