Chapter 10
The Way Forward
In: Environmental Courts and Tribunals in Asia-PacificSearch for other papers by Linda Yanti Sulistiawati in
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Abstract
In the Asia-Pacific region, Environmental Courts and Tribunals (‘ECTs’) are widespread and diverse. Most Asia-Pacific countries are struggling with the resources to build and/or maintain their ECTs. Nonetheless, this chapter highlights how current existing ECTs in the region have good practices that shape the regional perspective on ECTs. First, in Asia-Pacific, there is a perspective that developing an ECT is very challenging. This is very true as most ECTs are faced with problems such as limited jurisdiction, a lack of independence, a lack of resources, and limited public awareness. But gradually, following excellent performance from successful ECTs, the view of ECTs is also becoming more positive. ECTs are increasingly regarded as institutions creating environmental justice and environmental jurisprudence; encouraging public participation through their flexible standing rules; and increasing access to justice because of their transparency, progressive service efforts, and adoption of technology. While ECTS are regarded as the last resort against environmental destruction, this stems from being regarded as a neutral third-party forum that provides expertise and technical knowledge on the scientific and legal perspectives of the environmental issue at hand. This Chapter demonstrates how the way forward for ECTs is still an uphill battle. To move forward, there are several objectives that need to be achieved by ECTs. ECTs need to secure strong support and the trust of governments and stakeholders, which would entail better political backing, procedural facilitation, and even security. ECTs also need to guarantee and/or provide evidence of environmental legislation enforcement and be sensitive to the global environmental landscape. ECTs in the Asia-Pacific need significant support to implement good practices and develop a solid body of environmental jurisprudence.