046 - Strengthening the Global Judicial Institute on the Environment and the Global Institute of Prosecutors for the Environment

046 - Strengthening the Global Judicial Institute on the Environment and the Global Institute of Prosecutors for the Environment

Latest version in this language: Version for electronic vote | Published on: 01 Sep 2020

APPRECIATING the quadrennial mandate (2012–2016) of the World Commission on Environmental Law (WCEL) to build capacity to effectively adjudicate environmental issues and to develop environmental law expertise and networks worldwide;

NOTING the need for accountable, independent, effective and transparent institutions that facilitate access to justice for all, to promote peaceful and inclusive societies for sustainable development, pursuant to Sustainable Development Goal 16;

FURTHER NOTING that the Johannesburg Principles on the Rule of Law and Sustainable Development (2002) called for the “improvement of the capacity of those involved in the process of promoting, implementing, developing and enforcing environmental law,” including prosecutors, to carry out their functions on a well-informed basis;

FURTHER NOTING that the Rio+20 Declaration on Justice, Governance and Law for Environmental Sustainability (2012) calls on states to support the capacity of prosecutors to implement environmental law;

RECOGNISING IUCN’s commitment to enforcing environmental laws as they are critical to the conservation of nature;

RECALLING that Resolution 5.129 Courts and access to justice (Jeju, 2012) calls for “an autonomous international judicial institute on the environment” and ACKNOWLEDGING that the Global Institute of Prosecutors for the Environment (GIPE) was established at the World Water Forum in Brasília, Brazil on 18 March 2018 through the dedicated efforts of WCEL;

RECALLING Resolution 6.071 Global Judicial Institute for the Environment (Hawai‘i, 2016) requested the Director General and WCEL to assist the Global Judicial Institute for the Environment (GJIE) with meeting its objectives;

RECOGNISING that the Charter of GJIE formally established the GJIE at the 1st IUCN World Environmental Law Congress held at the Supreme Court of the State of Rio de Janeiro on 26 April 2016;

RECALLING that the mission of GJIE is “to support the role of courts and tribunals in applying and enforcing environmental laws and in promoting the environmental rule of law and the fair distribution of environmental benefits and burdens”;

RECOGNISING the importance of adding prosecutors who are focused on protection of biodiversity, natural resources and human rights to the IUCN network as part of the growing IUCN Environmental Law Programme;

RECOGNISING the mission of GIPE to support the role of prosecutors in applying and enforcing environmental law and in promoting the rule of law regarding the environment and the equitable distribution of environmental benefits and burdens;

HIGHLIGHTING the value of GJIE in developing judicial best practices, stimulating collaboration and bolstering information exchange for the global advancement of environmental justice;

CONSIDERING that judicial colloquia, symposia and conferences coordinated by GJIE provide platforms for judges to advance environmental constitutionalism and rights;

NOTING that GJIE, WCEL and United Nations Environment Programme (UNEP) partnered to develop a Judicial Portal to make environmental jurisprudence and legislation from around the world accessible; and

COGNISANT of the important contribution of the judicial community to enforcing standards and safeguards for environmental sustainability;

The IUCN World Conservation Congress, at its session in Marseille, France:

1. REQUESTS the Director General and WCEL to continue their commitment to and support of GIPE;

2. URGES WCEL and UNEP to continue their collaboration with GJIE to develop a Judicial Portal that can provide access to environmental information, public participation in environmental decision-making, and access to justice;

3. INVITES State Members to support national and sub-national prosecutorial offices focused on environmental protection in order to further strengthen the capacity of governments and institutions around the world to promote the environmental rule of law; and

4. ALSO INVITES State Members to collaborate with the GJIE to develop best practices to strengthen the capacity of judges.

The Global Judicial Institute on the Environment (GJIE) is organized by judges for judges and committed to judicial independence, transparency, and integrity that supports the judiciary across the world to effectively handle cases concerning the environment. The mission of the GJIE is to develop and enhance the capacity of judges, courts, and tribunals across the world to exercise their role in environmental matters through the effective implementation, compliance, and enforcement of the law.

In 2002, members of the judiciary across the globe assembled at the Global Judges Symposium on Sustainable Development and the Role of Law in Johannesburg, South Africa where the importance of having an independent judiciary and judicial process for the implementation, development and enforcement of environmental law was recognized. The 2012 Rio+20 Declaration on Justice, Governance, and Law for Environmental Sustainability furthered the importance of the role of the GJIE as one of the leading authorities in providing a framework for principles and rights that provide the foundations for environmental justice. This view continued through 2018 at 8th World Water Forum in Brasilia where the need to strengthen the capacity of and collaboration among judiciary members in implementing and enforcing environmental laws were recognized and encouraged.

At present, environmental law has progressed and calls for a new ethic that takes science into account and goes beyond traditional boundaries and local contexts to encompass the needs of all living organisms and the Earth as a whole. Environmental challenges transcend historical and legal contexts and require judges to balance not only the views of the parties in specific disputes, but also the interests of the larger community and future generations. Such trends give rise to the need to further equip judges and the judiciary process with the resources to increase capacity to handle broadening and more challenging environmental concerns and disputes. As such, strengthening and supporting the role GJIE is not only imperative but necessary.
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Environmental laws are only as effective as the level of enforcement they receive. Considering the increasing threats to the environment from the climate crisis to the killings of environmental defenders, ensuring adequate enforcement of the environmental rule of law has never been more important. Many prosecutors tasked with the responsibility of ensuring compliance lack resources and training in upholding the environmental rule of law. The Global Institute of Prosecutors for the Environment (GIPE) provides prosecutors access to resources and trainings to be adequately equipped for environmental cases. Without adequate training, those guilty of environmental crimes receive minimal sentencing, undermining the purpose of the law. By continuing to provide support through the work of its Members, the IUCN plays a crucial role in providing access to knowledge and networking for the Global Institute of Prosecutors for the Environment.
  • Center for Environmental Legal Studies [United States of America]
  • Centre international de droit comparé de l`environnement [France]
  • Centro Mexicano de Derecho Ambiental [Mexico]
  • Environmental Law Program at the William S. Richardson School of Law [United States of America]
  • International Council of Environmental Law [Spain]

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