First ASEAN Judicial Working Group on Environment Meeting

15 - 16 September 2014

Event Tabs

Introduction

On 15 and 16 September 2014, the Asian Development Bank (ADB), in partnership with the Supreme People’s Court of Viet Nam, convened the first meeting of the ASEAN Judicial Working Group on Environment in Hanoi, Viet Nam. Senior justices representing eight ASEAN countries met to (i) discuss their proposed contributions to the ASEAN Chief Justices’ Roundtable on Environment with a view towards accelerating the implementation of A Common Vision on Environment for ASEAN Judiciaries (or the “Jakarta Common Vision”), (ii) consider the contribution of ASEAN judiciaries to the Asian Judges Network on Environment, and (iii) prepare the agenda for the upcoming Fourth ASEAN Chief Justices’ Roundtable on Environment scheduled in December 2014.

During the meeting, the group (i) agreed that the Jakarta Common Vision had been consistently affirmed as a relevant guiding vision, at least until 2020; (ii) called for an Action Plan to implement the Jakarta Common Vision, which Action Plan is required by the Jakarta Common Vision but has not yet been prepared; (iii) requested consolidation of the proposals made during the meeting, and the integration of these proposals to facilitate the development of the Hanoi Action Plan to Implement the Jakarta Common Vision (the “Hanoi Action Plan”). The group further agreed that the respective ASEAN judiciaries should initiate the implementation of the Hanoi Action Plan in advance of the Fourth Roundtable, review the results of the implementation of the Jakarta Common Vision and the Hanoi Action Plan, and formally launch the Hanoi Action Plan at the said roundtable.

Overview

The ASEAN Chief Justices’ Roundtable on Environment operates at the subregional level, together with the Asian Judges Network on Environment (AJNE) operating at the pan-Asia regional level. The Third ASEAN Chief Justices’ Roundtable on Environment was held in Bangkok, Thailand in November 2013. During that meeting, participants affirmed the Jakarta Common Vision and made a series of recommendations supporting further strengthening ASEAN judiciaries to decide environmental cases at the national level, and further recommending cooperation amongst ASEAN Judiciaries at the regional level.

Participants recommended that these proposals be presented to the ASEAN Chief Justices for consideration. One of these proposals was to formulate a Working Group to further cooperation such that implementation of the Jakarta Common Vision, and its recommendations and proposals would occur in between the annual Roundtable, and hence to maximize productivity of the Roundtable and further cooperation. Moreover, justices from ASEAN judiciaries participated in the Second Asian Judges Symposium on Environment in Manila, Philippines in December 2013. Participants made a series of similar recommendations and proposals.

Objectives

This ASEAN Judiciaries Working Group Meeting seeks to:

  • contribute to the ASEAN Chief Justices Roundtable on Environment, by further developing the recommendations made to Chief Justices in prior roundtable meetings, with a view towards moving towards implementation of such recommendations;
  • consider the contribution of ASEAN judiciaries to the AJNE, by considering and providing feedback on the recommendations made; and
  • prepare for the ASEAN Chief Justices’ Roundtable on Environment, by sharing the issues that each Court considers most important for its agenda, taking into account prior roundtables, meetings, and symposia.

Background

AJNE is a network for judicial cooperation to champion the environmental rule of law and promote environmental justice. The AJNE fosters this cooperation at the regional, subregional, and national levels to build capacity in environmental decision-making and share developments in environmental law. The AJNE facilitates professional peer to peer communication among the judiciary face to face and electronically to: (i) follow up on national commitments; (ii) pursue definite actions; and (iii) strengthen the capacity of the judiciary and the entire legal profession on environmental law and its enforcement.

AJNE ensures that the network maintains judicial cooperation with a series of regularly held judicial conferences at both the regional and subregional levels. At the regional level, the AJNE operates through the Asian Judges Symposium on Environment. ADB, the Supreme Court of the Philippines, UNEP, and other partners hosted symposia held at the ADB Headquarters, Manila, Philippines in: (i) July 2010; and (ii) December 2013. At the subregional level, the AJNE operates through the ASEAN Chief Justices’ Roundtables and the South Asia Judicial Roundtables on the Environment. Notably, ADB and its partner judiciaries in Southeast Asia hosted the ASEAN Chief Justices’ Roundtables on the Environment in: (i) Jakarta, Indonesia (2011); (ii) Melaka, Malaysia (2012); and (iii) Bangkok, Thailand (2013). The next ASEAN Chief Justices’ Roundtable on the Environment will be held in Hanoi, Viet Nam in November 2014. ADB and its partner judiciaries in South Asia hosted the South Asia Judicial Roundtables on the Environment in: (i) Bhurban, Pakistan (2012); (ii) Thimpu, Bhutan (2013); and (iii) Colombo, Sri Lanka (2014).

On the national level, ADB has supported environmental initiatives of the judiciaries. Participating judiciaries have established specialized environmental courts and green benches, implemented environmental judicial certification programs, issued environmental rules of procedure, and made other commitments to improve the adjudication of environmental disputes. These accomplishments have generated interest from other branches of government to work towards the effective enforcement of an integrated, environmental legal and regulatory framework in their respective countries.

Participants

The Chief Justice of each ASEAN judiciary has assigned one or more representatives.

Approach

The Working Group Meeting will further the discussions on the AJNE’s recommendations to move forward with the network, particularly from the Third ASEAN Chief Justices’ Roundtable on Environment and the Second Asian Judges Symposium on Environment.

Output

ADB will consolidate and edit the papers submitted for the roundtable to form part of the record in the anticipated publication of the roundtable proceedings. The roundtable organizers will request the participants to provide papers and presentations well in advance of the conference in order to make these materials available as: (i) references for the anticipated publication of the roundtable proceedings; and (ii) resources to be uploaded on the AJNE website.

Monday, 15 September 2014

 
08:00–08:30

Registration

 
08:30–09:10

Welcome Remarks

  • Hon. Truong Hoa Binh, Chief Justice, Supreme People’s Court of Viet Nam
  • Dr. Kala Mulqueeny, Principal Counsel, Asian Development Bank
 
09:10–09:30
Introduction of Participants
 
09:30–09:45

Overview and Updates from the Secretariat since the Third Chief Justices’ Roundtable on Environment (or the “Third Roundtable”)

 
09:45–10:15

ASEAN Judiciaries Reporting on Progress on the Common Vision on Environment for ASEAN Judiciaries (or the “Jakarta Common Vision”) Since the Third Roundtable

 
10:15–10:45
Coffee Break
 
10:45–12:30

Topic 1: Cooperation amongst ASEAN Judiciaries: Discussion on Proposals Raised During the Third Roundtable

Facilitated Discussion

The Working Group participants will provide perspectives on each proposal made during the Third Roundtable and shared with Chief Justices that can advance the realization of the Jakarta Common Vision and discuss the ways to implement these proposals as appropriate.

To encourage free flow and exchange of ideas, the facilitator will invite the participants with prior experience in implementing some of these proposals to share their progress, challenges and lessons learned.

The facilitator will also invite participants to make new proposals on how the ASEAN judiciaries can better address environmental challenges through sub-regional cooperation.

 
12:30–13:45
Lunch
 
13:45–15:15

Topic 1: Cooperation amongst ASEAN Judiciaries: Discussion on Proposals Raised During the Third Roundtable (continued)

 
15:15–15:45
Coffee Break
 
15:45–17:00

Topic 2: Cooperation amongst Asian Judiciaries: Discussion on Proposals made on the Asian Judges Network on Environment (AJNE) during the Second Symposium

Facilitated Discussion

The Working Group participants will provide perspectives on each proposal made during the Second Asian Judges Symposium, and meeting of the AJNE. The participants will also discuss their desired contribution to and benefits from the Asian Judges’ Network on Environment based on the Proposals made.

 

Tuesday, 16 September 2014

 
09:00–10:15

Topic 2: The Fourth ASEAN Chief Justice Roundtable: Proposals for Agenda and Coverage

Facilitated discussion co-designing the agenda and coverage of the Fourth ASEAN Chief Justices Roundtable on Environment.

The ASEAN judicial delegations will confirm their needs and expectations for the ASEAN Chief Justices Roundtable on Environment and its Working Group, and the Asian Judges Network on Environment, and consequently, the coverage of the Fourth Roundtable. Specifically, the participants will consider the following:

  • What are the next steps for the Fourth Roundtable?
  • What do ASEAN judiciaries want from AJNE?
  • What outcomes do the ASEAN judiciaries need from the annual roundtable?
  • How can AJNE, the Roundtable and interim working group meetings advance the capacity of judges to decide environmental cases?
 
10:15–10:45

Coffee Break

 
10:45–12:00

Topic 2: The Fourth ASEAN Chief Justice Roundtable: Proposals for Agenda and Coverage (continued)

The facilitator will ask the participants about the issues and topics their judiciary would like to see covered during the Fourth Roundtable and the judicial environmental updates that their judiciary is willing to present upon and cover in the Fourth Roundtable. The respective judicial participants will come prepared to offer the perspective of their judiciary.

The ASEAN judicial delegations will identify their needs and expectations for the Fourth Roundtable, keeping in mind the Third Roundtable proposal to develop an agenda to attract, interest and secure the attendance of ASEAN chief justices at the annual ASEAN Chief Justices’ Roundtable on Environment.

 
12:00–13:15

Lunch

 
13:15–15:00

Topic 3: Cooperation amongst ASEAN Judiciaries: Other Business

Participants will be invited to share any other proposals or business that has not previously been discussed, if any.

 
15:00–15:15

Wrap Up (10 minutes)

Representatives of the Supreme People’s Court of Viet Nam and the Asian Development Bank will give brief remarks.

Proceedings

Agenda

  Download
240.9 KB
 
Proceedings

Concept Note

  Download
118.76 KB
 
Proceedings

Background Paper

  Download
790.22 KB