Proceedings of the Second South Asia Judicial Roundtable on Environmental Justice

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Irum Ahsan. Proceedings of the Second South Asia Judicial Roundtable on Environmental Justice

PROCEEDINGS OF THE SECOND SOUTH ASIA JUDICIAL ROUNDTABLE ON ENVIRONMENTAL JUSTICE

CONTENTS

FOREWORD

ACKNOWLEDGMENTS

ABBREVIATIONS

EXECUTIVE SUMMARY

I. INAUGURAL SESSIONS

A BACKGROUND: PREVIOUS CONFERENCES AND ASIA-WIDE EFFORTS ON ENVIRONMENTAL JUSTICE

B OPENING REMARKS

C WELCOME REMARKS

D KEYNOTE ADDRESS

E ADB’S ROLE IN STRENGTHENING ENVIRONMENTAL GOVERNANCE AND RULE OF LAW

F RECAP OF THE BHURBAN DECLARATION ON ENVIRONMENTAL JUSTICE

II. PLENARY SESSIONS ON REGIONAL ENVIRONMENTAL CHALLENGES

A CHALLENGE 1: CLIMATE CHANGE. 1. BACKGROUND

2. CLIMATE CHANGE—SHIFTING THE REGIONAL NARRATIVE IN SOUTH ASIA

3. GLACIAL LAKE OUTBURST FLOODS

4. CLIMATE CHANGE AND ISSUES OF FOOD SECURITY

5. CLIMATE CHANGE AND THE UNITED NATIONS DEVELOPMENT PROGRAMME’S RESPONSE

B CHALLENGE 2: CONSERVATION OF NATURAL RESOURCES AND BIODIVERSITY. 1. BACKGROUND

2. JUDICIAL INTERVENTION AND CONSERVATION OF FORESTS IN INDIA

3. BIODIVERSITY AND CONSERVATION IN BHUTAN

4. TRANSBOUNDARY WATER ISSUES AND JUDICIAL SOLUTIONS

5. CONSERVATION OF BIOLOGICAL DIVERSITY—SOME REFLECTIONS ON THE LEGAL FRAMEWORK

C CHALLENGE 3: ENVIRONMENT, HEALTH, AND ECONOMICS. 1. BACKGROUND

2. WATER, HUMAN HEALTH, AND DEVELOPMENT— PERSPECTIVE FROM INDIA

3. PERSPECTIVE FROM PAKISTAN

4. PERSPECTIVE FROM BHUTAN

5. VULTURES, VETERINARY DRUGS, AND HUMAN HEALTH—THE UNEXPECTED NEXUS

III. PLENARY SESSIONS ON CHALLENGES FOR EFFECTIVE ENVIRONMENTAL ADJUDICATION AND ENFORCEMENT

A CHALLENGE 1: LIMITATIONS ON ENVIRONMENTAL LAWS AND POLICIES. 1. BACKGROUND

2. PERSPECTIVE FROM BHUTAN

3. PERSPECTIVE FROM NEPAL

4. INTERNATIONAL PERSPECTIVE: EFFECTUATION OF INTERNATIONAL ENVIRONMENTAL LAW IN NATIONAL POLICY AND LAW

5. PERSPECTIVE FROM BANGLADESH

6. PERSPECTIVES FROM OTHER JUDICIARIES

B CHALLENGE 2: ENVIRONMENTAL IMPACT ASSESSMENTS. 1. BACKGROUND

2. PERSPECTIVE FROM BHUTAN

3. CRITIQUE ON ENVIRONMENTAL IMPACT ASSESSMENTS, THEIR LEGAL PROVISIONS, PRACTICES, AND JUDICIAL INTERPRETATIONS AND INTERVENTIONS IN PAKISTAN

4. KEY PRINCIPLES OF ENVIRONMENT IMPACT ASSESSMENT AND EXAMPLES OF REAL-WORLD APPLICATION

5. ENVIRONMENT IMPACT ASSESSMENTS IN INDIA—CHALLENGES FOR ENVIRONMENT AND DEVELOPMENT

C CHALLENGE 3: ACCESS TO ENVIRONMENTAL JUSTICE AND ALTERNATIVE DISPUTE RESOLUTION. 1. BACKGROUND

1. PERSPECTIVE FROM INDIA

2. PERSPECTIVE FROM BANGLADESH

3. PERSPECTIVE FROM PAKISTAN

4. ENVIRONMENTAL JUSTICE—FROM CLAIMING TO CREATING THROUGH ALTERNATIVE DISPUTE RESOLUTION

D CHALLENGE 4: CAPACITY CONSTRAINTS. 1. BACKGROUND

1. PERSPECTIVE FROM BANGLADESH

2. PERSPECTIVE FROM SRI LANKA

3. PERSPECTIVE FROM BHUTAN

4. PERSPECTIVE FROM INDIA

5. PERSPECTIVE FROM NEPAL

IV. DISCUSSION ON THE MEMORANDUM OF UNDERSTANDING FOR CO-OPERATION AMONGST THESOUT

DRAFT MEMORANDUM OF UNDERSTANDING FOR CO-OPERATION AMONGST THE SOUTH ASIA JUDICIARIES. I. THE COOPERATION PARTNERS

II. THE AIMS AND GUIDING PRINCIPLES

III. ASPECTS OF THE PROPOSED COOPERATION

IV. CONSULTATIONS

V. EXCHANGE OF INFORMATION

VI. FOCAL POINTS

VII. TERM, AMENDMENT, AND TERMINATION

VIII. DEALING WITH PROBLEMS

IX. GENERAL PROVISIONS

V. CLOSING REMARKS

JUSTICE TSHERING WANGCHUK, Supreme Court of Bhutan

BRUCE LAWRENCE DAVIS, Vice-President, Administration and Corporate Management, ADB

APPENDIX 1 PROGRAM AGENDA

SECOND SOUTH ASIA JUDICIAL ROUNDTABLE ON ENVIRONMENTAL JUSTICE

PROGRAM AGENDA

APPENDIX 2 THIMPHU DECLARATION ON ENHANCING ENVIRONMENTAL JUSTICE IN SOUTH ASIA. SECOND SOUTH ASIAN JUDICIAL ROUNDTABLE ON ENVIRONMENTAL JUSTICE

Thimphu Declaration on Enhancing Environmental Justice in South Asia

Отрывок из книги

Thimphu, Bhutan | 30–31 August 2013

Prepared by Irum Ahsan and Gregorio Rafael P. Bueta

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This roundtable was a very encouraging step toward greater collaboration and coordination; the participants’ commitment to the event is a significant milestone in itself. It gave judges an opportunity to share best practices, discuss developing case law, and find ways toward a common understanding of environmental justice in the region. It also provided South Asian judiciaries the opportunity to work concretely on identifying common challenges and specific cooperative measures to address them. Countries now have an important opportunity to fulfill the real potential that was agreed upon at the First South Asia Judicial Roundtable through the Bhurban Declaration.

This report records the proceedings of the second roundtable. It is our wish that readers will find this publication helpful in understanding the continuing development of the concept of environmental justice in South Asia. The need to protect South Asia’s environment is unquestionable, as is the need to build the capacity of the judiciary in addressing these challenges.

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