3. ➢ TRIBUNALS:
TRIBUNAL, GENERALLY, IS ANY PERSON OR INSTITUTION HAVING AN
AUTHORITY TO. JUDGE, ADJUDICATE ON, OR TO DETERMINE CLAIMS OR DISPUTES –
WHETHER OR NOT IT IS CALLED A. TRIBUNAL IN ITS TITLE.1. 1.2. ' TRIBUNAL' IS AN
ADMINISTRATIVE BODY ESTABLISHED FOR THE PURPOSE OF DISCHARGING.
➢ ENVIRONMENTAL TRIBUNALS:
IN 1995, THE CENTRAL GOVERNMENT ESTABLISHED THE
NATIONAL ENVIRONMENT TRIBUNAL (THROUGH THE NATIONAL ENVIRONMENT
TRIBUNAL ACT 1995) TO PROVIDE FOR STRICT LIABILITY FOR DAMAGE ARISING OUT
OF ACCIDENTS CAUSED FROM THE HANDLING OF HAZARDOUS SUBSTANCES.
➢ ENVIRONMENTAL LAWS IN PAKISTAN:
THE PAKISTAN ENVIRONMENTAL PROTECTION ACT, 1997
REQUIRES THAT NO PERSON MAY IMPORT HAZARDOUS SUBSTANCES OF WHICH
CHEMICAL ACTIVITY IS TOXIC, EXPLOSIVE, FLAMMABLE, CORROSIVE, RADIOACTIVE,
CAUSE DIRECTLY OR IN COMBINATION WITH OTHER MATTERS, AN ADVERSE
ENVIRONMENTAL EFFECT.
➢ SUSTAINABILITY:
INTERNATIONAL RECOGNITION OF THE INTERDEPENDENCE OF
HUMAN RIGHTS AND ENVIRONMENTAL RIGHTS ALSO HAS HAD A PROFOUND IMPACT
ON ENVIRONMENTAL LAW IN GENERAL AND ECT DEVELOPMENT IN PARTICULAR.14
UN ENVIRONMENT DESCRIBES THE RELATIONSHIP AS FOLLOWS: HUMAN RIGHTS
AND THE ENVIRONMENT ARE INHERENTLY INTERDEPENDENT AND PLAY AN
INTEGRAL ROLE IN ACHIEVING SUSTAINABLE DEVELOPMENT OBJECTIVES. …
EFFORTS TO PROMOTE ENVIRONMENTAL SUSTAINABILITY CAN ONLY BE EFFECTIVE
IF THEY OCCUR IN THE CONTEXT OF CONDUCIVE LEGAL FRAMEWORKS, AND ARE
GREATLY INFORMED BY THE EXERCISE OF CERTAIN HUMAN RIGHTS, SUCH AS RIGHTS
4. TO INFORMATION, PUBLIC PARTICIPATION IN DECISION-MAKING AND ACCESS TO
JUSTICE. … A SIGNIFICANT NUMBER OF COURT CASES, NATIONAL CONSTITUTIONS
AND LEGISLATION AND INTERNATIONAL INSTRUMENTS HAVE ACKNOWLEDGED THE
CLOSE LINKAGES BETWEEN THESE FIELDS.
➢ ENFORCEMENT OF LAWS
AN ECT NEEDS TO BE GIVEN ADEQUATE POWERS TO ENFORCE ITS
DECISIONS AND REMEDIES.74 THE LIST OF ENFORCEMENT POWERS GIVEN TO THE
KENYA ECS IS EXEMPLARY (SEE KENYA CONSTITUTION BOX IN SECTION 4.1.6
ABOVE). ANOTHER USEFUL ENFORCEMENT TOOL WORTH AUTHORIZING IS
“CONTINUING MANDAMUS” (THE POWER FOR THE ECT TO CONTINUE TO HAVE
JURISDICTION OVER THE CASE AFTER ITS RULING IN ORDER TO MONITOR
COMPLIANCE WITH IT), AS USED IN THE PHILIPPINES, INDIA, PAKISTAN AND OTHER
COUNTRIES. IN LIEU OF JAIL AND/OR FINES, THE STATE EC JUDGE IN MANAUS,
BRAZIL, HAS THE ENFORCEMENT FLEXIBILITY TO GIVE CONVICTED DEFENDANTS
THE ALTERNATIVE TO GO TO HIS “ENVIRONMENTAL NIGHT SCHOOL,” POLLUTING
BUS COMPANIES TO CARRY ENVIRONMENTAL ADS, POACHERS TO DO “VOLUNTEER”
WORK FOR WILDLIFE ORGANIZATIONS AND ILLEGAL DEVELOPERS AND LOGGERS TO
RENOVATE PUBLIC PARKS AND REPLANT FORESTS, WITH GREAT SUCCESS AND
LITTLE RECIDIVISM.
➢ PUBLIC INVOLVEMENT:
IT IS A DEFINITE BEST PRACTICE TO EDUCATE THE PUBLIC FULLY
ABOUT THE ECT – ALL STAKEHOLDERS, FROM CITIZENS TO DEVELOPERS TO
GOVERNMENT OFFICIALS TO ATTORNEYS TO NGOS TO ACADEMIA. A CONTINUING
EFFECTIVE PROGRAM OF EDUCATIONAL OUTREACH IS IN THE PUBLIC’S (AND IN THE
ECT’S!) ENLIGHTENED BEST INTEREST – IMPROVING ECT VISIBILITY AND
5. CREDIBILITY, HELPING PEOPLE UNDERSTAND THE ECT’S IMPORTANCE, EDUCATING
PEOPLE ON HOW TO USE THE ECT EFFECTIVELY AND WHAT EXPECTATIONS TO
HAVE, INCREASING EFFICIENCY AND BUILDING NETWORKS OF SUPPORT. THE
EFFECTIVE ECTS USE:
o IT, INCLUDING A USER-FRIENDLY, REGULARLY UPDATED,
INTERACTIVE WEBSITE WITH FAQS AND CONTACTS THAT RESPOND,
ALSO CONTAINING INSTRUCTIONS, FORMS AND POTENTIALLY ONLINE
FILING FOR COMPLAINANTS AND COUNSEL (NEW SOUTH WALES,
NEW ZEALAND)
o PRINTED MATERIALS THAT COVER THE FAQS, ARE EASY TO READ
AND UNDERSTAND, IN ALL RELEVANT LANGUAGES, INCLUDING IN
SOME CASES BRAILLE (PHILIPPINES)
o MEETINGS WITH COMMUNITIES, STAKEHOLDER GROUPS, AND
GOVERNMENT TO HELP EXPLAIN, DESIGN, EVALUATE AND IMPROVE
THE ECT (NEW ZEALAND, HAWAII)
o STAKEHOLDER CONSULTATION PROCESSES, COMMUNITY OVERSIGHT
BOARDS OR ADVISORY GROUPS (INDIA, NEW SOUTH WALES)
o COMMUNITY PANELS OF SCIENCE AND TECHNOLOGY EXPERTS TO
ADVISE THE ECT DECISION MAKERS (DENMARK)
o POSTING ONLINE NOTICES OF HEARINGS AND WRITTEN DECISIONS,
AVAILABLE TO THE PUBLIC.
