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 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

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; can champion environmental rights and environmental justice; shape environmental law and give precedents; and shape environmental law and give precedents; and issue rules and directions to lower courts to carry out their role adjudicating environmental cases. 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 Standing rules Burden of proof and the application of the precautionary principle Burden of proof and the application of the precautionary principle Damages Damages Expert and scientific evidence Expert and scientific evidence Sanctions and penalties Sanctions and penalties Enforcement Enforcement Alternative dispute resolution Alternative dispute resolution

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

Strengthening Capacity and Governance in Environmental Adjudication General Courts (green benches) (India Supreme Court) General Courts (green benches) (India Supreme Court) Environmental courts (Philippines, Thailand Supreme Court and Thai Administrative Court) Environmental courts (Philippines, Thailand Supreme Court and Thai Administrative Court) Judicial certification on environment (Indonesia) Judicial certification on environment (Indonesia) Environmental Tribunals (Pakistan, India) Environmental Tribunals (Pakistan, India) Judges training 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 Indonesia – judicial certification and progress through One Roof Environmental Enforcement Malaysia – establishing green courts and training Malaysia – establishing green courts and training Pakistan – enhancing environmental judicial capacity and education and establishing green courts 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) 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) Conference of the Parties on the Convention on International Trade in Endangered Species of Wild Fauna and Flora in Asia (CITES)

Thank You!