Chapter 9
Prospects and Challenges
In: Environmental Courts and Tribunals in Asia-PacificSearch for other papers by Kokila Konasinghe in
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Abstract
The eight tropical countries of the South Asian region are well-known for their significant biodiversity spreading across a range of ecosystems. The region has constantly encountered a myriad of environmental challenges, which have required expedient solutions, including comprehensive legislative frameworks, cognizant administrative decisions and eco-centric judicial interpretations. The uniqueness of these common environmental problems requires imminent, suitable legal solutions to protect and promote environmental safeguards in the region. The chapter explores the significant role played by Environmental Courts and Tribunals (ECTs) within the South Asian region in the face of such environmental challenges. In exploring this issue, a doctrinal methodology with qualitative data analysis is adopted. The chapter first explores the environmental significance and vulnerability of the South Asian region to unprecedented environmental challenges. It is followed by a comparative analysis of the ECTs in three South Asian jurisdictions: India, Bangladesh and Pakistan. The comparative analysis in this section concentrates on factors such as jurisdiction and procedure, judicial expertise, access to justice and other challenges, and alternative dispute resolution (ADR) mechanisms relating to Environmental Courts. The chapter concludes by providing the prospects and challenges of incorporating such best practices within the South Asian region.
Kokila Konasinghe is a Professor of Law and Head of the Department, Department of Public and International Law, Faculty of Law, University of Colombo, Sri Lanka. She is the founding Director of Centre for Environmental Law and Policy (CELP) at University of Colombo. She is a member of the Commonwealth Futures Climate Research Cohort 2021–2022 of the Association of Commonwealth Universities and represented the official delegation of Sri Lanka at the United Nations Climate Change COP 27, in Egypt. Her book chapters and research articles have appeared in locally and internationally reputed journals and publications.