Environmental Courts: Enhancing Justice for Environmental Matters

1. UNECE/OSCE Subregional meeting on the Aarhus Convention Almaty, Kazakhstan, 22 May 2012

2. 1. UNEP Principle 10 Guidelines 2. Environmental Courts 3. UNEP World Congress on Justice, Governance and Law for Environmental Sustainability Contents

3. UNEP Principle 10 Guidelines

4. “Guidelines for the development of national legislation in access to information, public participation and access to justice in environmental matters” (UNEP GC 2010) Voluntary in nature Addressed to States, to take into account when developing/amending national legislation UNEP Principle 10 Guidelines

5. 26 Guidelines, covering access to information, public participation and access to justice 12 of 26 on access to justice Guideline 16: States should ensure that the membersof the public concerned have access to a court of law or other independent and impartial body to challenge the substantive and procedural legality of any decision, act or omission relating to public participation in decision-making in environmentalmatters. UNEP Principle 10 Guidelines

6. Guideline 18: Statesshould provide broad interpretation of standing in proceedings concerned with environmental matters with a view to achieving effective access to justice Guideline 21: States should provide a framework for prompt, adequate and effective remedies in cases related to the environment, such as interim and final injunctive relief. States should also consider the use of compensationand restitution. UNEP Principle 10 Guidelines

7. Environmental Courts

8. The constitutionsof more than one third of the world’s countries recognize the right to a clean and healthy environment Over 350 specialized environmental courts and tribunals have been established in over 50 countries Environmental Courts

9. Pro: Expertise, efficiency, visibility, costs, uniformity, standing, commitment, government accountability, prioritization, creativity, ADR, issue integration, remedy integration, public participation, public confidence, problem solving Contra: Competing areas needing expertise, marginalization of environmental cases, fragmentation, insufficient caseload, costs, public confusion, what’s “Environmental”?, capture, judicial bias, talent gap, judicial activism?, judicial careers, creation of an “inferior” court Environmental Courts

10. 12 building blocks / decisions to be made: 1. type of forum 2. legal jurisdiction 3. level 4. geographic area 5. case volume 6. standing 7. costs 8. access to scientific and technical expertise 9. ADR 10. competence of judges 11. case management 12. enforcement tools & remedies Environmental Courts

11. UNEP World Congress on Justice, Governance and Law for Environmental Sustainability

12. 17 - 20 June 2012, Rio de Janeiro Preparatory meetings in Malaysia & Argentina To foster a common vision and principles how to use justice, law and governance to promote sustainable development through the outcomes of Rio+20 & beyond shape interpretation and enforcement of MEAs within jurisdictions, develop role of law in protecting natural resources and promoting sustainable development UNEP World Congress on Justice, Governance and Law for Environmental Sustainability

14. Target audience: Judges (Chief Justices, senior judges) Attorney-General and Public Prosecutors Auditors-General Ministers of Environment andJustice Chief Compliance and Enforcement Officers Legislators / Parliamentarians Environmental Lawyers UNEP World Congress on Justice, Governance and Law for Environmental Sustainability

15. http://www.unep.org/DELC/worldcongress

16. Thank you barbara.ruis@unep.org