5-7 December 2011, Jakarta, Indonesia ASEAN Chief Justices’ Roundtable on Environment Overview 5-7 December 2011, Jakarta, Indonesia ASEAN Chief Justices’ Roundtable on Environment Overview Kala Mulqueeny, Senior Counsel Office of the General Counsel Asian Development Bank

What are the Common Challenges ?What are the Common Challenges ? South-east Asian Environmental ChallengesSouth-east Asian Environmental Challenges Judicial ChallengesJudicial Challenges What is the Role of the Judiciary?What is the Role of the Judiciary? Shaping Environmental Law Shaping Environmental Law Building Capacity to decide Environmental Cases Building Capacity to decide Environmental Cases What role for ASEAN Judicial Cooperation?What role for ASEAN Judicial Cooperation? Strengthening cooperation in areas of mutual benefitStrengthening cooperation in areas of mutual benefit ASEAN Chief Justices’ Vision on Environment

Common Challenges: ASEAN Environment and ASEAN Environmental Law

ASEAN Environmental Law Challenge 1: Climate Change

ASEAN Environmental Law Challenge 2: Deforestation and Illegal Logging xxx

ASEAN Environmental Law Challenge 3: Biodiversity and Illegal Wildlife xxx

To USA From Mauritius From Madagascar From Tanzania From Africa From Kenya From Mozambique To Saudi Arabia To UAE Legend: █ (Brown) – Reptiles █ (Blue) – Marine █ (Red) – Mammals and birds █ (Grey) - Ivory █ (Green) – Timber and plants Source: ASEAN-WEN Major Enforcement Actions Database To Argentina To Iran

xxx ASEAN Environmental Challenges : Ocean Destruction, Illegal Fishing, and Marine Pollution

ASEAN Environmental Challenges 4: Planning and Environmental Impact Assessment

ASEAN Environmental Challenge 5: Freshwater, Pollution, Floods and Climate

ASEAN Environmental Challenge 6: Urbanization and Air Pollution

Common Challenges for Justices in Deciding Environmental Cases

Judicial Power and Authority on EnvironmentJudicial Power and Authority on Environment StandingStanding Burden of Proof and Precautionary PrincipleBurden of Proof and Precautionary Principle Expert and Scientific EvidenceExpert and Scientific Evidence Damages, Remedies, Penalties and SanctionsDamages, Remedies, Penalties and Sanctions Court DocketCourt Docket Judicial EnforcementJudicial Enforcement Common Challenges for ASEAN Justices: Law and Evidence

Governance and Integrity within the Environmental Enforcement ChainGovernance and Integrity within the Environmental Enforcement Chain A sufficient Environmental DocketA sufficient Environmental Docket A sufficient Trial Court Capacity in time, and environmental law expertiseA sufficient Trial Court Capacity in time, and environmental law expertise Access to Environmental Justice for the PoorAccess to Environmental Justice for the Poor Judicial Training Processes and How environmental law is or should be includedJudicial Training Processes and How environmental law is or should be included Common Challenges for ASEAN Justices: Capacity and Governance

Green BenchesGreen Benches Green CourtsGreen Courts Judicial Certification on EnvironmentJudicial Certification on Environment Judicial Roles: Judicial Reforms to Respond to Environmental Challenges

Identify common challengesIdentify common challenges Identify the Role of the Judiciary in Shaping Environmental Law and Building Capacity to decide Environmental CasesIdentify the Role of the Judiciary in Shaping Environmental Law and Building Capacity to decide Environmental Cases Identify the role and nature of ASEAN Judicial Cooperation for Strengthening cooperation in areas of mutual benefit, including ensuring continuity of involvement amongst the judiciary.Identify the role and nature of ASEAN Judicial Cooperation for Strengthening cooperation in areas of mutual benefit, including ensuring continuity of involvement amongst the judiciary. A Common ASEAN Chief Justice’s Vision Statement on Environment