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!