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Summit: Judges Fortify Environmental Law Principles (enforcing!!environmental laws)
Environment News Service ^ | August 27, 2002 | Environment News Service

Posted on 08/28/2002 9:33:37 PM PDT by USA21

Summit: Judges Fortify Environmental Law Principles

JOHANNESBURG, South Africa, August 27, 2002 - An action plan to strengthen the development, use and enforcement of environmentally related laws has been drawn up by over 100 of the world's most senior judges at the World Summit for Sustainable Development. The move signals a new era featuring improved capacity of judges, prosecutors, and legislators as well as greater public participation in environmental decision-making.

Justice Charles Gonthier, Supreme Court, Canada(Photo by Larry Munn courtesy Supreme Court of Canada) The Johannesburg Principles on the Role of Law and Sustainable Development, drafted last week by the Global Judges Symposium, were kept confidential until today so they could be delivered first to UN Secretary-General Kofi Annan, according to the United Nations Environment Programme, which organized the symposium. "Our declaration and proposed program of work are, I believe, a crucial development in the quest to deliver development that respects people and that respects the planet for current and future generations and for all living things," said Justice Arthur Chaskalson, Chief Justice of South Africa, who co-hosted the symposium.

Participating judges included Judge J. Clifford Wallace, a senior judge of the United States Court of Appeals for the Ninth Circuit; Justice Charles Gonthier, Supreme Court of Canada; three justices from the Supreme Court of China; and the chief justices of India, of Indonesia, Colombia, Pakistan, Nigeria, Romania, and of Russia among dozens of other distinguished jurists.

The justices recognized that the poor people and the poor nations of the world suffer most from environmental degradation, and they placed a greater responsibility on the most powerful nations of the world to protect the global environment.

"There is an urgent need," the justices declared, "to strengthen the capacity of the poor and their representatives to defend environmental rights, so as to ensure that the weaker sections of society are not prejudiced by environmental degradation and are enabled to enjoy their right to live in a social and physical environment that respects and promotes their dignity."

When environmental accidents occur, justices must determine who is responsible and apply penalties. (Photo courtesy EPA) The justices affirmed their "commitment" to the pledge made by world leaders in the Millennium Declaration adopted by the United Nations General Assembly in September 2000 "to spare no effort to free all of humanity, and above all our children and grandchildren, from the threat of living on a planet irredeemably spoilt by human activities, and whose resources would no longer be sufficient for their needs."

They expressed their "firm conviction" that the framework of international and national law that has evolved since the United Nations Conference on Human Environment held in Stockholm in 1972, the forerunner of the current summit, provides "a sound basis for addressing the major environmental threats of the day, including armed conflict and attacks on innocent civilians."

"We recall the principles adopted in the Rio Declaration on Environment and Development and affirm adherence to these principles which lay down the basic principles of sustainable development," the justices declared.

They affirmed the importance of an independent judiciary and judicial process, and emphasized the importance of the peaceful resolution of conflicts "to avoid situations in which weapons of war degrade the environment and cause irreparable harm directly through toxic agents, radiation, landmines and physical destruction and indirectly destroy agriculture and create vast displacement of people."

UNEP Executive Director Klaus Toepfer called the field of law "the poor relation in the worldwide effort to deliver a cleaner, healthier and ultimately fairer world."

UNEP Executive Director Klaus Toepfer (Photo courtesy ENB) "We have over 500 international and regional agreements, treaties and deals covering everything from the protection of the ozone layer to the conservation of the oceans and seas," Toepfer said. "Almost all, if not all, countries have national environmental laws too. But unless these are complied with, unless they are enforced, then they are little more than symbols, tokens, paper tigers."

The justices are convinced that deficiency in the knowledge, relevant skills and information in regard to environmental law is "one of the principal causes that contribute to the lack of effective implementation, development and enforcement of environmental law." The goal of their plan of action is to address these deficiencies.

The action plan aims to equip judges, prosecutors, legislators and others, with the necessary skills, information and materials, through the strengthening of environmental law education in schools and universities, including research and analysis as essential to realizing sustainable development, the justices said.

There must be improvement in the level of public participation in environmental decision-making, the justices said, as well as access to justice for the settlement of environmental disputes and the defense and enforcement of environmental rights, and public access to relevant information.

Justice Vyacheslav Mikhailovich Lebedev, president of the Supreme Court of the Russian Federation (Photo courtesy Bellona Foundation) Strengthening of collaboration and exchange of information on sub-regional, regional and global levels should take place, the justices said, and called for strengthening of the capacity of organizations and initiatives, including the media, to enable a well informed public to participate more in making and enforcing environmental laws.

There should be an Ad Hoc Committee of Judges consisting of judges representing geographical regions, legal systems and international courts and tribunals and headed by the Chief Justice of South Africa, that will keep under review and publicize the emerging environmental jurisprudence, the justices recommended.

UNEP and its partner agencies, including civil society organizations, should provide support to the Ad Hoc Committee of Judges, and finally, the justices called upon governments of the developed countries, the donor community, and international financial institutions, to finance the implementation of these principles and the program of work on a high priority basis.


TOPICS: Business/Economy; Crime/Corruption; Foreign Affairs; Front Page News; Government; News/Current Events
KEYWORDS: environmental; environmentalism; environmentallaw; un; unep; wssd

1 posted on 08/28/2002 9:33:37 PM PDT by USA21
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To: USA21
Judges Scrutinise Environmental Law

Business Day (Johannesburg) August 28, 2002 Posted to the web August 28, 2002

Bonile Ngqiyaza And Sapa Johannesburg

Senior jurists have drafted a document for the UN suggesting ways to enforce legal aspects

THE world's senior judges have formed an ad hoc committee representing geographic regions, legal systems courts and tribunals to review and publicise emerging environmental law.

More than 100 judges were involved in drafting a document for the United Nations (UN) that suggests ways to develop and enforce laws relating to the environment.

The document has been described as a groundbreaking event by the UN, and emanates from a global judges' symposium that Chief Justice Arthur Chaskalson co-hosted last week ahead of the World Summit on Sustainable Development.

The document strongly emphasises the need to build infrastructure in courts and to develop the capacity of judges, prosecutors, legislators and "all persons who play a critical role" in environmental law.

The document says: "We recognise that the people most affected by environmental degradation are the poor, and that there is an urgent need to strengthen the capacity of the poor and their representatives to defend environmental rights."

The document places great emphasis on training, funding and educating legal experts. Klaus Toepfer, executive director of the UN Environmental Programme, says: "The field of law has, in many ways, been the poor relation in the worldwide effort to deliver a cleaner, healthier and ultimately fairer world."

Toepfer says the UN has more than 500 international and regional agreements, treaties and deals covering "everything from the protection of the ozone layer to the conservation of the oceans and seas".

"Almost all, if not all, countries have national environmental laws too. But unless these are complied with, unless they are enforced, they are little more than symbols, tokens, paper tigers." The judges say the fragile state of the global environment "requires the judiciary as the guardian of the rule of law, boldly and fearlessly to implement and enforce applicable international and national laws".

Deputy Chief Justice Pius Langa said judges from around the world were to share their knowledge and interpretation of environmental law.

Chaskalson said judges at the symposium agreed that legal infrastructure was not always efficient in ensuring environmental rights. Consensus was reached that environmental rights were part of human rights, he said.

Chaskalson said support was needed in countries where the legal infrastructure was not as strong as it should be.

Langa and Chaskalson pointed out that courts were not in a position to take the initiative regarding breaches of environmental law. "Change will not be due to one or two court decisions, but due to community action and political will," said Chaskalson.

The judges called on powerful countries to shoulder most of the burden regarding sustainable development.

2 posted on 08/28/2002 9:42:28 PM PDT by USA21
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To: USA21
its all coming to America
3 posted on 08/28/2002 9:47:08 PM PDT by USA21
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To: USA21
Judges even being involved in this endevor is a blatant conflict-of-interest. THey have no business even involving themselves. How in the hell can the be impartial when they are drawing up "An action plan to strengthen the development, use and enforcement of environmentally related laws". Has all the world gone mad?
4 posted on 08/28/2002 9:53:07 PM PDT by Texas_Jarhead
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To: USA21
The sooner we denounce the UN the better off we will be. I'm very happy GWB didn't go to this gathering of misfits and malcontents who think we should pay them for our success. These so-called world leaders are not there to voice their environmental concerns.... They're in Johannesburg to blame the USA for every environmental problem along with every natural disaster in the attempt to shame us into allowing them to raid the U.S. Treasury in order to prop up their tin horn dictatorships.

We can thank Bill Clinton for pandering to these despotic tyrants by signing everything and anything they laid before him. Kyoto comes to mind.... WTF was Slick Willy thinking when he blindly signed that pile of steaming, (anti U.S.) dung.

Of all of GWB's actions, I applaud him for standing up to the U.N. and the 2 bit dictators that hold the majority of this Satanic group we know as the United Nations

5 posted on 08/28/2002 10:00:38 PM PDT by MJY1288
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To: USA21
BTW. How many times ahd Kofi Annan been to the White House compared to that Shameless coward Bill Clinton in his first 2 years in office?. Off the top of my head I can only think of 2 occaisons when the shake down artist, Kofi(Jesse Jackson)Annan was at the White House since GWB was sworn in
6 posted on 08/28/2002 10:05:27 PM PDT by MJY1288
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To: MJY1288
ahd = has :-)

not sure where that mistake came from

7 posted on 08/28/2002 10:06:38 PM PDT by MJY1288
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To: Free the USA; Libertarianize the GOP; Ernest_at_the_Beach; Stand Watch Listen; freefly; expose; ...
Johannesburg ping
8 posted on 08/29/2002 5:52:19 AM PDT by madfly
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To: USA21
included Judge J. Clifford Wallace, a senior judge of the United States Court of Appeals for the Ninth Circuit

Is it just me or does every lame-brained anti-American idea always get claimed as it's own by the ninth circuit?

Can't we just impeach the whole circuit and replace it with real judges?

Also, seems that NYC need to do some urban renewal and push the un into the river.(not the building, just the contents)

God Save America (Please)

9 posted on 08/29/2002 6:58:21 AM PDT by John O
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To: USA21
Aren't there restrictions on lobbying judges?
10 posted on 08/29/2002 8:53:16 AM PDT by Carry_Okie
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To: Carry_Okie
The very nature of Seperation of Powers that has given Western Governments their stability and prosperity is being ignored in these circus setting Global Conferences.

By letting, often self-styled, Judges act as if they are Legislating Law instead of Adjudicating laws written by properly established Legislatures, we are allowing an envirnement of Extra-Legal kangaroo courts and star chambers to take hold of the imagination of the world population.

Once instilled falsely as "Just", such Star Chambers will use a nebulous Will of the People to trump National Law, Soverignty, and the real Rule of Law as established by legitament process and bring Chaos to relations between Nations and Peoples.

Economics, money and property always are found to be motivating factors underlying such grasps for power and it is the same here. We should see our media pointing that out and we don't. They are actually hiding the true machinizations of this circus.

11 posted on 08/29/2002 9:04:50 AM PDT by KC Burke
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To: USA21
They never talk about the rural poor's "right" to make a traditional living off the resources they own without having them "protected" for the benefit of the suburban elite and "set aside" from development to benefit competing corporate holdings.

This line about community involvement in environmental decision making is the same old socialist tripe. What they want is people who have no real substantive legal interest at stake (no property right) to sit down at the table with those who do. Then with the "stake" being someone elses private property holding, the "stakeholders" will come to a consensus on how that property should be managed to "benefit the community."

All property is held subject to prohibitions that it not be used in any manner that would pose a danger of significant harm or cause significant injury to general public health, peace, safety and morals. That is the legitimate boundary of government's right to absolutely prohibit a use. It may then "permit" a use that would otherwise be prohibitable by imposing conditions on the use to elimintae, reduce or mitigate the harm so that it is no longer substantial. This is the legitimate area in which it may regulate use.

Government may also obtain private property for the legitimate benefit of the public - for the public's use and in the general public's interest, but it must pay the owner just compensation.

Otherwise, government and the community has no business regulating for the "environment" or the community's opinion on what would be good for the environment.
12 posted on 08/30/2002 2:44:47 AM PDT by marsh2
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To: USA21
Judges are no executive enforcing laws, judges are there to interprete executive actions and jurisdictional encroachment complaints. This is just plain dictatorship hidden behind the concept of the robe, nothing less than medieval courts run by a clergy.
13 posted on 09/03/2002 8:57:31 AM PDT by lavaroise
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