Fourth South Asia Judicial Roundtable on Environment

28 - 29 November 2015

Event Tabs

ADB co-hosted the Fourth South Asia Judicial Roundtable on Environmental Justice on 28-29 November in Kathmandu, where Chief Justice Kalyan Shrestha of Nepal and Deputy General Counsel Ramit Nagpal opened the event. Attendees included judges, legal professional, and participants from South Asia and other regions. The event was co-organized with the Supreme Court of Nepal and supported by WWF-Nepal.

Pre-Roundtable Day: Friday 27th November 2015

 
08:00 onwards

Guest Check-in at Hotel Yak & Yeti

 
07:00–09:00
Welcome Reception and Dinner hosted by ADB at Hotel Yak and Yeti
 

Day 1: Saturday 28th November 2015

 
08:30–09:00
Registration – Regal Hall, Hotel Yak & Yeti, Kathmandu
 

INAUGURAL SESSION

Chair: Hon. Mr. Justice Girish Chandra Lal, Supreme Court of Nepal
Chief Guest: Rt. Hon. Mr. Justice Kalyan Shrestha,
Chief Justice of Nepal

 
09:00–09:10
Arrival of VIPs and Participants
 
09:10–09:15
Arrival of the Rt. Hon. Mr. Justice Kalyan Shrestha, Chief Justice of Nepal and other Dignitaries on the Dias
 
09:15–09:20
National Anthem and Traditional Ceremony
 
09:20-09:30
Welcome Remarks by Hon. Mr. Justice Baidyanath Upadhyay, Supreme Court of Nepal
 
09:30–09:35
Inauguration of the Program by the Rt. Hon. Mr. Justice Kalyan, Shrestha, Chief Justice of Nepal, by lighting the Auspicious Lamp
 
09:35–09:45
Welcome Remarks by Mr. Ramit Nagpal, Deputy General Counsel, Office of the General Counsel, Asian Development Bank
 
09:45–09:55
Remarks by Hon. Mr. Justice Lyonpo Tshering Wangchuk, Chief Justice of Bhutan
 
09:55–10:05
Remarks by Minister of Law, Justice and Parliamentary Affairs
Hon. Agni Prasad Kharel
 
10:05–10:25
Key Note Address by the Rt. Hon. Mr. Justice Kalyan Shrestha, Chief Justice of Nepal
 
10:25–10:35
Remarks and Vote of Thanks by Hon. Mr. Justice Girish Chandra Lal, Supreme Court of Nepal
 
10:35–10:50
Photo Session
 
10:50–11:10
Tea Break
 

Technical Session 1: Environmental Justice: Existing and Emerging Practices

Session Chair: Hon. Mr Justice Qazi Faez Isa, Supreme Court of Pakistan (TBC)
Facilitator: Mr. Gregorio Rafael P. Bueta, ADB

This session begins with a look at the impact of the recent earthquakes in Nepal on the people and the environment. It will also look into the understanding and evolution of jurisprudence on environmental justice as well as existing best practices, methodologies, and techniques adopted by courts of the region. Both the judiciary and civil society’s perspectives on the concept will also be presented.

 
11:10–13:00

Video Footage on the Nepal Earthquake - 15 minutes: NTV

Presentation 1: Earthquake and Earth Justice: Emergence of the Environmental Justice Movement and its Relevance in Addressing Unanticipated Events by Hon. Mr Justice Dr. Ananda Mohan Bhattarai, Chief Judge, Court of Appeal, Nepal (20 minutes)

Presentation 2: Establishment of Green Courts: Rationale, Legal and Institutional Arrangements, and Best Practices: Experience from India by Hon. Mr. Justice Swantanter Kumar, Chairperson, National Green Tribunal, India (20 minutes)

Presentation 3: Methodologies for Access to Environmental Justice by Hon. Judge Merideth Wright, Distinguished Judicial Scholar, Environmental Law Institute; and, former judge of the Vermont Environmental Court (1990-2011) (20 minutes)

Presentation 4: Enforcement and Compliance of Decisions on Environment: Perspective from the Civil Society by Mr. Prakash Mani Sharma, Pro-Public, Nepal (20 minutes)

Q&A – 30 Minutes

 
13:00–14:20
Lunch
 

Technical Session 2: Post 2015 Development Agenda and the Sustainable Development Goals (SDGs)

Session Chair: Hon. Mr Justice Swatanter Kumar, National Green Tribunal, India
Facilitator: Mr. Gregorio Rafael P. Bueta, ADB

This session will introduce current and evolving discussion on the SDGs. It aims to give an understanding of international development goals, moving from previous MDGs to SDGs and climate justice, which reflects today’s most pressing challenges. These new aspirations are taken in the context of environmental protection and how the rule of law and judges play a key role to its success and achievement.

 
14:20–16:10

Presentation 1: Environmental Rule of Law and Sustainable Development by Hon. Mr. Justice Baidyanath Upadhyay, Justice, Supreme Court of Nepal (20 minutes)

Presentation 2: Looking into SDGs from the Right Perspective: Can SDGs be Actionable Rights? by Mr. Keyvan Izadi, Multi-Country Climate Smart Agriculture Programme Manager, SNV: Netherlands Development Organization (20 minutes)

Presentation 3: Climate Change: Need for Legislative Cover and Social Awareness in Pakistan in light of Post-2015 Development Agenda by Mr. Mansoor Usman Awan, Advocate/Founder, AJURIS Advocates and Corporate Counsels, Pakistan (20 Minutes)

Presentation 4: Concept of Climate Justice in the Context of SDGs by Hon. Mr. Justice Syed Mansoor Ali Shah, Lahore High Court, Pakistan (20 minutes)

Q&A – 30 Minutes

 
16:10–16:20
Tea Break
 

Day 1 Stock Keeping and Finale Session - Taking Environmental Justice Further

Session Chair: The Rt. Hon. Lord Robert Carnwath of Notting Hill CVO, Supreme Court of UK (TBC)
Facilitator: Irum Ahsan, ADB

At the end of Day 1, participants are invited to look at two important overarching topics. First, access to environmental justice as an evolving concept is made more effective through tools, ideas, and methodologies available at the disposal of judges. Second, a discussion on the role of stakeholders, particularly the judiciary, seeks to provide better understanding of how issues and challenges related to environmental justice can be addressed.

 
16:20–18:00

Presentation 1: ADB's Role in Strengthening Environmental Governance and Asian Judges Network on Environment by Ms. Irum Ahsan, Project Leader and Senior Counsel, ADB (20 minutes)

Presentation 2: Quantifying Environmental Damage, Ecosystem Services, Green Accounting and Natural Capital in Decision Making by Mr. Leo Saldanha, Environmental Support Group-India (20 minutes)

Presentation 3: Ensuring Environmental Governance: Role of Key Stakeholders and the Judiciary– Video Presentation by Hon. Mr. Justice Antonio Herman Benjamin, STJ, Brazil (TBC) (15 minutes)

Presentation 4: SAARC Perspective on Recent Development on Environmental Justice by Hon. Mr. Justice Qazi Faez Isa, Supreme Court of Pakistan (TBC) (15 minutes)

Q&A – 30 Minutes

 
19:00

Dinner hosted by the Rt. Hon. Mr. Justice Kalyan Shrestha, Chief Justice of Nepal

 

Day 2: Sunday 29th November 2015

 

Technical Session 3: Urbanization, Industrialization, and the Environment

Session Chair: Hon. Mrs. Justice S.E. Wanasundera, P.C., Supreme Court of Sri Lanka (TBC)
Facilitator: Mr. Gregorio Rafael P. Bueta, ADB

This session will present an overview on the issue of migration and urbanization in South Asian Countries and environmental challenges created by it. Issues related to urbanization include waste management, transport and mobility, air pollution, and preserving open spaces. The ongoing rapid urbanization without adequate urban governance and service provision means that urban population is at a risk of environmental hazards such as increasing poverty, homelessness, ill health, pollution, and crime, among others. The perspective from the business sector and what the industry can do to address these issues will also be presented.

 
09:00-10:50

Presentation 1: Hazards of Urbanization in South Asia: Preserving Open Spaces, Sustainable Urban Transport and Mobility Amid Rising Urbanization by Ms. Saima Amin Khawaja, Managing Partner, Progressive Advocates and Legal Consultants, Pakistan (20 minutes)

Presentation 2: Managing Urban Solid Waste: Distribution of Opportunities and Hazards by Dr Somlal Subedi, Nepal (20 minutes)

Presentation 3: Judicial Approaches to the Issue of Air Pollution in South Asian Cities by Mr. Jay Pendergrass, Acting Vice President, Research and Policy, Environmental Law Institute (20 minutes)

Presentation 4: Industrialization and the Environment: Perspective from the Industry/Business Sector by Mr. Sanith de Silva Wijeyeratne, Sri Lanka (20 minutes)

Q&A – 30 Minutes

 
10:50–11:10
Tea Break
 

Technical Session 4: Biodiversity and Natural Resource Conversation

Session Chair: Hon. Mr. Justice Lyonpo Tshering Wangchuk, Chief Justice of Bhutan (TBC)
Facilitator: Mr. Gregorio Rafael P. Bueta, ADB

This session will look at challenges to South Asia’s biodiversity and natural resources, as well as efforts for its conservation and protection. Given that many people now depend on what have become degraded ecosystems to sustain their livelihoods, ecological restoration needs to be addressed urgently. This session will also explore regional approaches to finding common solutions, as well as how communities play their part through local grass-root level initiatives.

 
11:10-01:00

Presentation 1: Rural Case Study on the Maximization of Water Resources: Pakistan Community Water Management Initiative by Sarah Khan, Activist and Film Maker, Pakistan (20 minutes)

Presentation 2: Disputes Relating to Community Forest Conservation: Evolving Judicial Approach by Hon. Mr Justice Til Prasad Shrestha, Court of Appeal, Nepal (20 minutes)

Presentation 3: Legal protection for Wildlife: Implementing International and National Commitments for the Protection and Sustainable Use of Biodiversity by Mr. Bruce Dunn, Senior Environment Specialist, ADB (20 minutes)

Presentation 4: Reinventing Sustainable Rural Development: Utilization of Resources and Geographical Niches by Dr. Nakul Chettri, ICIMOD (20 minutes)

Q&A – 30 Minutes

 
13:00–14:00
Lunch
 

Technical Session 5: Protection of the Environment: Current Trends and Developments

Session Chair: Hon. Mr Justice Syed Refaat Ahmed, Supreme Court of Bangladesh (TBC)
Facilitator: Mr. Gregorio Rafael P. Bueta, ADB

This session will discuss emerging trends and developments in the regional and international spheres, particularly on the negotiations for a new and binding international agreement on climate change and impacts of natural disasters in wildlife and biodiversity. These issues and their potential legal and regulatory implications are made more relevant for judges as competing rights and interests are brought before courts. The role of judges and evolving regionalism will also be discussed.

 
14:00-15:50

Presentation 1: Climate Change and the Law – A Judicial Viewpoint by The Rt. Hon. Lord Robert Carnwath of Notting Hill, CVO, UK (20 minutes)

Presentation 2: Hydropower Development and Challenges: Role of the Judiciary by Mr Rajendra K. Kshatri, Secretary, Ministry of Energy, Nepal (20 minutes)

Presentation 3: Impact of Earthquake on Ecosystem and Biodiversity by Mr. Santosh Mani Nepal, WWF-Nepal (20 minutes)

Presentation 4: Defending South Asian Interest in Biodiversity Conservation: Need for Evolving Regionalism by Mr. Ritwick Dutta, India (20 minutes)

Q&A – 30 Minutes

 

Declarations, Action Plans, and Way Forward for the Asian Judges Network on Environment

Session Chair: Rt. Hon. Mr. Justice Kalyan Shrestha, Chief Justice of Nepal or his nominee (TBC)
Facilitator: Irum Ahsan, ADB

As the fourth session in the series of Roundtables on environmental justice comes to its conclusion, judges from South Asia are invited to look back at past declarations, resolutions, and action plans to help in the drafting of a Nepal Action Plan/Declaration. A look at these commitments and statements from the members of the judiciary can help pave the way forward for environmental justice in the region. In addition, a discussion on continuing and sustaining the Asian Judges Network on Environment in South Asia will be conducted.

 
15:50-16:35

Presentation 1: Review of Past Action Plans, Resolutions, and Declarations, and Discussions on the Nepal Action Plan/Declaration- Nepal Team/ADB (15 minutes)

Presentation 2: The Way Forward for the Asian Judges Network on Environment(AJNE) by Ms. Irum Ahsan, Project Leader and Senior Counsel, ADB (15 minutes)

Discussion and Finalization of Nepal Action Plan/Declaration (15 Minutes)

 
16:35-16:45
Tea Break
 

Final/Valedictory Session Towards Judicial Leadership on Environmental Justice

Session Chair: Rt. Hon. Mr. Justice Kalyan Shrestha, Chief Justice of Nepal
Facilitator: Irum Ahsan, ADB
 
16:45-16:50
Arrival of Dignitaries on the Dias (TBC)
 
16:55-17:10
Welcome and Analysis of the Roundtable Proceedings and Presentation of the Nepal Action Plan/Declaration by Hon Mr. Justice Dr. Ananda Mohan Bhattarai, Court of Appeal, Nepal
 
17:10-17:20
Vote of Thanks by Mr. Kenichi Yokoyama, Country Director, Nepal Resident Mission, ADB
 
17:20-17:40
Remarks from Chief Justices and Senior Judges
Hon. Mr Justice, Baha-u-din Baha, Afghanistan; Hon. Mr Justice W.P.G.Dep, Sri Lanka
 
17:40-17:50
Closing Remarks and Vote of Thanks by Chief Justice Rt. Hon. Mr. Justice Kalyan Shrestha, Supreme Court of Nepal
 
17:55-18:00
Signing of the Memorandum of Understanding for Cooperation Amongst the South Asia Judiciaries on Environmental Law Enforcement (TBC)
 
19:00
Dinner to be hosted by WWF-Nepal (TBC)
 

End of Roundtable

 

Monday,30th November 2015

 
08:00-12:00
Delegates Depart
Technical Session 2: Post 2015 Development Agenda and the Sustainable Development Goals (SDGS)

Environmental Rule of Law and Sustainable Development
Hon. Mr. Justice Baidyanath Upadhyay, Justice, Supreme Court of Nepal

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1.92 MB
 
Technical Session 3: Urbanization, Industrialization, and the Environment

Managing Urban Solid Waste: Distribution of Opportunities and Hazards
Mr. Santosh Mani, Nepal

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4.81 MB
 
 
Technical Session 5: Protection of the Environment: Current Trends and Developments

Climate Change and the Law – A Judicial Viewpoint
The Rt. Hon. Lord Robert Carnwath of Notting Hill, CVO, UK

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1.12 MB
 
Technical Session 5: Protection of the Environment: Current Trends and Developments

Hydropower Development and Challenges: Role of the Judiciary
Mr Rajendra K. Kshatri, Secretary, Ministry of Energy, Nepal

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1.28 MB
 
Technical Session 5: Protection of the Environment: Current Trends and Developments

Impact of Earthquake on Ecosystem and Biodiversity
Dr. Somlal Subedi, Nepal, WWF-Nepal

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5.99 MB
 
Technical Session 5: Protection of the Environment: Current Trends and Developments

Defending South Asian Interest in Biodiversity Conservation: Need for Evolving Regionalism
Mr. Ritwick Dutta, India

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6.07 MB
 
Declarations, Action Plans, and the Way Forward for the Asian Judges on Environment

Discussion and Finalization of Nepal Action Plan/Declaration

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78.39 KB