SAARC bench book for environmental cases to be compiled
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01/09/2013
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Kuensel (Bhutan)
A proposal that came up during the just concluded 2nd South Asian judicial roundtable
Conference: The judiciary will compile all national environmental acts, regulations, guidelines and cases in a “bench” book to facilitate adjudication of environmental cases brought before the courts.
The proposal to have such a compilation was made during the second South Asian judicial roundtable on environmental justice that ended on August 31.
Bhutan’s judiciary, as a host country for the conference, also proposed to support capacity building of the judiciary on environmental issues, and encourage the inclusion of environmental legal education in the legal curriculum in Bhutan.
The Thimphu declaration also stated that judiciary would make specific environmental law resources available in the library of the Supreme Court, support the institutionalisation of the South Asia judges network on the environment within the South Asia Regional Cooperation in Law (SAARCLAW).
The chief justices, senior judges and experts on environmental justice from SAARC countries, who discussed the state of South Asia’s environment, laws and challenges, also agreed to enhance collaborative efforts among judiciaries in the region.
They also proposed to explore the possibility of developing a regional approach to safeguard the environment and share information on environmental justice.
Participants agreed to discuss the draft memorandum of understanding (MoU) for cooperation between South Asian judiciaries with their respective heads of judiciaries.
The MoU would further collaborate in information exchange, capacity building and strengthening of judiciary’s focus on environmental issues.
The Thimphu declaration also stated that the MoU would help in establishing green benches in courts where they do not exist, frame and implement rules of procedure on environmental cases where required.
Meanwhile, the declaration also stated that the participants recognised a number of critical environmental challenges confronting South Asian countries.
“There are challenges in managing current and mitigating future impacts of climate change, conserving natural resources and biodiversity and preventing pollution and its associated negative impacts on citizens of the region,” the declaration stated.
The conference, Bhutanese judges said, was educative and made them realise their role in preserving environment.
Justice Tshering Wangchuk of the Supreme Court, in his closing remarks, said, with ever increasing similarity in the fundamental problems judiciary face, there is much to be learned from the judicial solutions adopted by other nations and adapted to suit the needs and circumstances existing in our own nations.