UNECE/OSCE Subregional meeting on the Aarhus Convention

Almaty, Kazakhstan, 22 May 2012

Contents

1. UNEP Principle 10 Guidelines2. Environmental Courts3. UNEP World Congress on Justice, Governance and Law for Environmental Sustainability

UNEP Principle 10 Guidelines

UNEP Principle 10 Guidelines• “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• 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 members of 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 environmental matters.

UNEP Principle 10 Guidelines• Guideline 18: States should 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 compensation and restitution.

Environmental Courts

Environmental Courts

• The constitutions of 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•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

12 building blocks / decisions to be made:

1. type of forum 2. legal jurisdiction 3. level 4. geographic area 5. case volume 6. standing7. costs 8. access to scientific and

technical expertise 9. ADR 10. competence of judges11. case management 12. enforcement tools &

remedies

UNEP World Congress on Justice, Governance and Law for Environmental

Sustainability

UNEP World Congress on Justice, Governance and Law

for Environmental Sustainability• 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 SustainabilityTarget audience:

•Judges (Chief Justices, senior judges)•Attorney-General and Public Prosecutors•Auditors-General•Ministers of Environment and Justice•Chief Compliance and Enforcement Officers•Legislators / Parliamentarians•Environmental Lawyers

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

Thank you

barbara.ruis@unep.org