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National Environmental Courts and Tribunals

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Akhs cgdai cgu vvgvgvgarm occurs in another. The court with jurisdiction will determine the choice of law. Generally, courts apply the domestic statute but pre-emptive national laws, public policy concerns and the principle of non-discrimination may affect the choice. The latter contemplates that in no case should the plaintiff’s complaint be judged according to a rule less favorable than those that would be used to judge the matter in the state where the activities took place. (Art 3 (2) of the 1974.

Nordic Environmental Protection Convention guides judges to apply foreign law when its substance is more favorable than the local law.

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• 10. RESTITUTION AND REMEDIATION In many legal systems, including the international one, restitution is a preferred remedy if it is possible for the injury to be wiped out and the situation restored to its pre-injury state. In environmental cases, courts often order environmental harm to be cleaned up or the damaged ecosystem returned to a healthy state.

Such orders which are closely related to injunctions in the sense that they compel action, may substitute for compensation and often produce a better result.

For example, where a defendant was found to have dumped wastes on a neighbor’s property, the High Court of Kenya ordered the wrongdoer to clean up the waste. See Paul K. Nzangu v. Mbiti Ndili (High Court of Kenya at Machakos, Case 8/1991) . • 11. EVIDENCE Long delays in investigations and trials result in the evidence not holding good in courts due to the loss of whereabouts of key witnesses or witnesses becoming hostile.

Difficult to procure evidence to prove guilt “ beyond reasonable doubt” Poor count on convictions brings focus on reforms in investigation techniues & procedures,e. g. , a single individual cannot be expected to be expert in both investigations and prosecution. Capacity building of investigators and prosecutors to enhance their skills is essential in this respect. • 12. SANCTIONS and PENALTIES Courts are the most prevalent formal institutions for sanctioning the violation of environmental laws and regulations and ensuring compliance with environmental laws.

In environmental cases the punishments have to be detterent to discourage environmental crimes. In this case in Singapore the court in its judgment outlined the principle that the sentencing guidelines to be applied to prosecutions for pollution should be determined by the environmental gravity of the pollution. {JUPITER SHIPPING Pte Vs. PP} • 13. Public Interest Litigation LEADERS Inc Vs. GODAVARI MARBLES [Nepal] The Court ruled that “ As environmental conservation is a matter of public concern and interest, it does fall under public interest.

Therefore, the petitioner undoubtedly has a meaningful relationship with the issue. As the constitution, under article 88 (2) 6, has established public interest as a fundamental right, whether the petitioner has a locus standing can no more be an issue. ” • 14. Corporate Liability BANGKINANG LAND AND FOREST FIRES CRIMINAL CASE [Indonesia] This was the first criminal enforcement case in Indonesia to use the concept of corporate criminal liability by punishing the corporate leader as a functional perpetrator (vis a vis physical perpetrator ).

It has been suggested that the application of corporate criminal liability sends a message to all corporations and businesses that it is important to integrate environmental considerations/protection values into corporate management practices. • 15. Right to Environmental Information MC Mehta v Union of India and others Supreme Court of India, Writ Petition (Civil) No. 860 of 1991 The Chief Justice GN Ray, J & As.

Anand, J The Petitioner filed an application in the public interest asking the Supreme Court to issue direction on ways to increase public environmental awareness in India via the Media The Court held that cinema halls would be required to show slides with information on the environment, as well short films on environment and pollution to be provided by the government. It was further held that India Radio and Doordarshan would take steps to make and broadcast interesting programmes on environment and pollution • 16.

HUMAN RIGHTS In Re: Human Rights Case (Environment Pollution in Balochistan) Human Rights Case No: 31-K/92(Q) A news report was published in a daily newspaper expressing concern that attempts were being made by certain businessmen to purchase coastal areas of Balochistan and convert them into dumping grounds for nuclear waste material The Supreme Court then took note of the news item and acting upon the allegations, issued an order that the Court be provided with full information on all applications and licenses for allocation of coastal land and territorial waters.

The Court further held that a condition must be inserted in the allotment license disallowing the use of land for dumping or treatment of industrial or nuclear waste in any form • 17. ENVIRONMENT COURTS Many developing countries have established specialized environment courts to adjudicate environment cases. Examples of environment courts. Land and Environment Court of New South Wales: 1979 Planning and Environment Court of Queensland : 1990 New Zealand Environment Court: 1991 Indian National Environment Tribunal : 1995 • 18.

Environment Courts Cont… Indian National Environment Appellate Authority : 1997 The Kenya National Environmental Tribunal : 1999 Bangladesh Environment Court: 2000 Thailand: Green Bench in the Supreme Court. (2004) Philippines: environment courts at the provincial and local levels. (2008) Indonesia environment courts at provincial level 2008 -India National Green Tribunal 2010 • 19.

ENVIRONMENTAL OMBUDSMAN Some Countries establish the office of an Environmental Ombudsman as a flexible, non-judicial or quasi-judicial mechanism for hearing public complaints or views on specific environmental issues and determine the scope of facts on the issue & recommend public action to redress the complaint. • 20. JUDICIAL COOPERATION Judges, prosecutors and investigators have to coordinate their efforts for tackling the organized criminal networks which make huge and fast growing profits in environmental crimes while penalties imposed are inadequate.

Co-operation in judicial proceedings is important for the enforcement of environmental law that is transboundary in nature. like the illegal trade in ODS or endangered species. Co-operation in judicial proceedings and procedures related to testimony, evidence and similar matters, including sharing information between the concerned countries   • 21. CONCLUDING REMARKS It is evident that environmental awareness is increasing globally, resulting an influence on emerging environmental jurisprudence.

The Courts appear to be ready to be proactive and deliver judgments that should result in greater environmental protection or reduced environmental harm. As environmental jurisprudence develops to provide the opportunity, members of the public are showing a willingness to take on the role of environmental advocates, notably through public interest litigation and therefore environmental jurisprudence appears to be moving in a positive direction • 22. THANK YOU for your kind attention [email_address] Top of Form [pic]

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National Environmental Courts and Tribunals. (2016, Sep 18). Retrieved from https://graduateway.com/national-environmental-courts-and-tribunals/

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