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Outcomes of Rio+20: Progress on Law for Sustainable Development

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

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Outcomes of Rio+20: Progress on Law for Sustainable Development

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  1. Outcomes of Rio+20:Progress on Law for Sustainable Development Marie-Anne Birken, Deputy General Counsel Office of the General Counsel Asian Development Bank

  2. ADB’s Core Environmental Priorities Post Rio+20 • Promoting Sustainable Infrastructure • Improving Environmental Governance • Preserving Natural Capital

  3. 1) Sustainable Infrastructure

  4. 2) Improving Environmental Governance

  5. Asian Environmental Challenge: Deforestation and Illegal Logging • xxx

  6. Asian Environmental Challenge: Illegal wildlife trade • xxx

  7. Asian Environmental Challenge: Ocean destruction, illegal fishing and marine pollution • xxx

  8. Asian Environmental Challenge: Falsely approved EIA’s and illegally issued development permits

  9. Judges and the Environment • 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.

  10. International Recognition • 1992 Rio Declaration on Environment and Development - Principle 10 • The 2002 Johannesburg Principles • Rio+20 Outcome Document • World Congress

  11. 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

  12. Capacity and Governance Challenges • Judicial education • Judicial capacity • Access to environmental justice • Threats to integrity

  13. 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

  14. ADB’s role in promoting the role of judges and environment

  15. ASIAN JUDGES NETWORK ON ENVIRONMENT ASEAN Chief Justices roundtable on environment South Asian Chief Justices roundtable on environment Brunei Darussalam India Bangladesh Bhutan Pakistan Maldives Nepal Sri Lanka Indonesia Malaysia Philippines Cambodia Laos PDR Myanmar Singapore Thailand Viet Nam

  16. 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

  17. 3) Preservation of Natural Capital

  18. 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)

  19. Thank You!

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