17th Annual IUCN Academy of Environmental Law Colloquium

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The IUCN Academy of Environmental Law Colloquium 2019 was held from 5th – 9th August 2019, hosted by the Faculty of Law Universiti Teknologi MARA, Shah Alam, Selangor, Malaysia.

Achieving the Sustainable Development Goals (SDGs): Law as Part of the Solution was the theme designed to enable both established and emerging scholars in environmental law to contribute. Over a period of five full days that was a range of excellent presentations and panels covering a wide range of subject. There was also a day set aside to look at teaching and research. IMG_1669

Part One: The Digital Revolution and Teaching Environmental Law

Chairperson: Ms. Lye Lin Heng

Papers:

“Teaching Environmental Law and the Anthropocene: Why Curricula   Must Engage with Remote Sensing Technologies and Data Analytics’  – Ms. Erika Techera (The University of Western Australia)

“Teaching at the Edge: Algorithms and Environmental Law” – Mr.   Mark Perry (The University of New England) and Ms. Amanda    Kennedy (Queensland University of Technology)

“Using Technology in Practice Based Legal Education” – Ms. Seema    Kakade (University of Maryland Carey School of Law)

Part Two: The Challenges of Integrating Digital Technologies in   Developing Countries

Chairperson: Ms. Amanda Kennedy

Papers:

“The Integration of Digital Technologies in the Teaching of   Environmental Law at the University of Malawi: Challenges and   Opportunities” – Mr. Chikosa Banda (University of Malawi)

“The Use of Technology in Teaching Environmental Law in Public   Universities of Bangladesh: An Empirical Study” – Ms. Zelina   Sultana  (Jagannath University of Bangladesh)

Monetivedo IV Workshop United Nations Environment

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I was privileged to attend and speak at the recent Focal-Point Meeting for Asia-Pacific region in Bangkok at the UN Building in July. IMG_2057

Background

Asia Pacific is the largest and fastest growing region in the world.  Implementation of environmental commitments under Multilateral Environmental Agreements and achieving the Sustainable Development Goals in this dynamic and diverse region requires good laws and strong institutions. The United Nations Environment Programme (UN Environment) supports countries in Asia and the Pacific to achieve this goal.  It works with a broad range of partners to support the development or strengthening of environmental laws and their enforcement to achieve countries’ environmental goals in the context of sustainable development, as well as advance environmental justice. The development and implementation of environmental law has been going through material changes in this region and globally, leading to the development of good practices in various countries that can address legal and institutional issues relating to the environment.

The Montevideo Programme for the Development and Periodic Review of Environment Law (Montevideo Programme) refers to a series of ten-year programmes that organize the work of the United Nations Environment Programme (UN Environment) to support the development and review of environmental law. The current and fourth such programme (Montevideo Programme IV) runs from 2010 to 2020.  At its second universal session in 2016 the United Nations Environment Assembly adopted Resolution 2/19 which requests UN Environment, in close collaboration with the national focal points, to prepare an assessment of Montevideo IV and proposals for the work of UN Environment in the area of environmental law for a specific period beginning in 2020, for consideration by the UNEA in 2019.

Purpose of the meeting

The key purpose of the meeting is to provide a forum for Montevideo Focal Points from Asia Pacific to:

(a) share and exchange information on latest developments, trends, and good practices in the development and enforcement of environmental law in their countries, as well as regionally and globally;

(b) contribute to UN Environment’s preparation of the assessment of the Montevideo Programme IV, including through sharing information on the status of implementation of the Montevideo Programme IV in their countries; and

(c) identifying priorities from the region and proposals for the work of UN Environment in environmental law for the coming years, including for the next Montevideo Programme period commencing 2020.  Priorities already identified by focal points and relevant UN Environment Assembly resolutions include: air pollution, public health, and marine litter. These and others will be discussed in the meeting.

First ASEAN Animal Law Conference to be held in Chiang Mai, 16-18 December 2018

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ASEAN Animal Law Conference CFP

The inaugural ASEAN Animal Law Conference will commence the discussions about the ethical treatment of animals in ASEAN member countries. The Conference will examine the ethics, law and policy on animals in ASEAN, and also look to international comparisons to develop laws and regulations on best practices for animal welfare.

Call for Papers and Sessions 

Conference papers are sought on the following topics:

·      The ethical relationship between humans and animals

·      Animals in tourism

·      Animals in agriculture

·      Animals as companions

·      Illegal wildlife trade

As well as the following specific elephant law and policy topics:

·      Captive, wild and working elephants

·      Climate change and habitat protection

·      Elephant tourism

Resolving human-elephant conflict

There will also be key sessions that focus on elephant law and policy in Asia in order to develop clear pathways for the implementation of laws, policies and strategies for the protection of the Asian elephant, including working and captive elephants.

Please email aseananimallaw@gmail.com to register your interest in this conferenceASEAN Animal Law Conference Logo

DRAFT 9.1 OF THE ENVIRONMENT AND NATURAL RESOURCES CODE RELEASED

 ENR Code Draft 9.1 in English 25.07.2017

The Secretariat of the Technical Working Group to Create the Environmental Code is pleased to present to the Ministry of Environment Draft 9.1 of the Environment and Natural Resources Code in Khmer and English for review. This Draft 9.1 includes additional modifications to Book 4 Sustainable Management of Natural Resources Titles 5, 6, 7, 8, and 9.

The deadline for receiving comments from the Ministry of Environment is 11 August 2017.

We would like to request that all reviewers please use Track Changes in Microsoft Word for submitting comments and use the Comment Submission Form.

We also ask for reviewers to please be specific when providing proposals for substantive revisions and provide as much detail as possible. In other words, to the greatest extent possible, we ask all reviewers to propose in their comments specific changes in the text of the draft Code, rather than providing general comments about different concepts and approaches.

If any reviewers have conceptual concerns, need clarifications, or would like to raise broader issues, we are ready to meet and discuss these at any time. However, it will be beneficial for such discussions to take place as far in advance of the August 11 deadline as possible. Please contact us directly to arrange meetings.

As we are providing this draft in both Khmer and English, we appreciate any comments regarding any edits that might be necessary to ensure the proper meaning and consistency of the two drafts.

We are in the process of preparing an extensive Glossary of terms to accompany the Code. We expect to release a draft of this Glossary in the next several weeks.

Guidelines on Public Participation in EIA in the Mekong Region

These Regional Guidelines on Public Participation in Environmental Impact Assessment (EIA) Regional EIA Guidelines Final have been collaboratively developed by the Regional Technical Working Group (RTWG) on EIA comprised of 25 government and non-government members from Cambodia, Lao PDR, Myanmar, Thailand, and Vietnam.

These regional EIA guidelines have been developed in response to the shared concern for increasing meaningful public participation in development planning, in the context of increasing investment projects across the Mekong region. Their purpose is to provide practical guidance for implementing meaningful public participation in the EIA process in the Mekong region, in order to enhance the efficiency and effectiveness of the EIA process, while reducing risks for projects as well as all stakeholders involved. The use of the guideline is envisioned to result in improved, sustainable, and more equitable development outcomes. The guidelines provide a regional “good practice” approach to public participation in EIA and are intended to complement national laws and policies where they already exist with additional “how to” detail. The intended users of these guidelines includes project proponents and EIA consultants, as well as government agencies, project affected people, non-governmental and civil society organizations (NGOs/CSOs), and others.

Formed in August 2015, the RTWG on EIA provides a model multi-stakeholder platform for regional collaboration to strengthen the policy and practice of EIA and to enhance cooperation for inclusive and sustainable development of the region. The RTWG on EIA is comprised of a diverse group of non-government/civil society and government representatives from 10 Ministries across the five lower Mekong countries. The group was supported by national technical advisors and other international technical experts.

Draft Environment and Natural Resources Code of Cambodia finalised

After six drafts and almost 18 months of work, involving national and international experts the Draft Environment and Natural Resources Code of Cambodia has been finalised. The draft has been prepared by Vishnu Law Group with six Sub-Technical Working Groups under the overall leadership of a joint-Vishnu Law Group and Ministry of Environment Technical Working Group.

The Draft Environment and Natural Resources Code covers a range of environmental and natural resources areas including: General Principles of the Environment and Natural Resources Code, Public Participation and Access to Information, Environmental Impact Assessment, Strategic Environmental Assessment, Pollution and Waste Management, Biodiversity and Endangered Species Protection, Cultural Heritage Protection, and significant provisions for dispute resolution procedures – including mediation, civil and criminal enforcement. The Draft Code also establishes a new conservation regime for Cambodia, setting up Biodiversity Conservation Corridors and a collaborative management process. The Biodiversity Conservation Corridors expand Cambodia’s existing protected areas to provide linkages and protection for high-conservation areas.

The Draft Code also has specific provisions covering Climate Change, Sustainable Production and Consumption, Fisheries, Water, Forests, Extractive Industries, Energy, Coastal Zone Protection, Environmental Education, and Sustainable Cities.

It is due to be considered by the Government of Cambodia and submitted to the National Assembly for consideration in March 2017.

The Final Draft is available for download enr-code-draft-7-final-31-dec-16

Meeting with Minister for the Environment, Cambodia.

Minister of the Environment

On Monday 12 September, in Phnom Penh, I was honoured to attend a meeting with His Excellency Say Samal, Minister of the Environment, Government of Cambodia, together with representatives from the USEPA and Vishnu Law Group. The meeting was to provide an update on the draft Environmental Code for Cambodia. The USEPA and other US government agencies have been providing expert assistance to Vishnu Law Group. Vishnu Law Group is coordinating the preparation and drafting of a new Environmental Code for Cambodia with the Ministry of the Environment.

Minister of the Environment

Minister of the Environment HE Say Samal

EIA Consultants training in Yangon, Mayanmar

On 12 August 2016, Vermont Law School (VLS) and MCRB with the support from Heinrich-Böll Stiftung co-organised a training for Environmental Impact Assessment (EIA) consultants in Yangon with the objective:

–       To ensure that Myanmar EIA consultants understand how to implement the EIA Procedures, in particular requirements concerning consultation, participation, disclosure and risk mitigation and management;

–       To build greater understanding of the professional role of EIA consultants and discuss how the quality of EIA in Myanmar can be improved;

 

The training was opened by U Hla Maung Thein, (Director General of the Ministry of Natural Resources and Conservation, Environmental Conservation Department): ‘We have had over 100 reports, and some of them are good, but many are below average or very poor.  I want to encourage all workshop participants to strengthen their capacity to conduct EIAs and to digest the detail of the EIA Procedure including non-technical requirements regarding content, format, presentation of reports, and legal commitments by the project proponent and the consultant, as well as improving technical content’.

 

The training heard presentations from international environmental consultancies, legal experts and field researchers on the business ethics of EIA consultant profession, EIA consultant registration scheme in Myanmar, Risk Assessment in EIA/IEE, Public Participation in the EIA Procedure (you can see the training agenda here and the presentations here). About 60 EIA local consultants attended the training.

A one day follow up to the workshop is planned for October and it will focus on Consultant due diligence, Public Consultations, Mitigation Hierarchy and Environmental Management Plans. U Hla Maung Thein added: ‘Please pass the message to your clients that public participation is critical, and as important, even more so, than the environmental aspects of the EIA’.

Matthew Baird presentation on ASEAN EIA at IAIA 2016

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M Baird ASEAN EAI IAIA Nagoya May 2016

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Outline of Environmental Code of Cambodia released for review

Launch of the Outline Draft of the Environmental Code of Cambodia.

The outline of the Environmental Code of Cambodia was released for public comment and review at a workshop in Phnom Penh on 4 April 2016. At the workshop, hosted by the Ministry of Environment and Vishnu Law Group, and attended by members of the Sub-Technical Working Groups, other Government Ministries, and CSOs, there was lively discussion about the Principles for the Environmental Code and the draft outline of the Environmental Code.

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