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Modalities for consultation

Considerations for the public

Public participation and access to environmental justice

- Key issue for environmental justice: The key issue for environmental justice is "standing." The judiciary can only prove its commitment if there are enough cases to be judged. The issue of standing, and thus the need to increase the role of the judiciary in environmental protection, can be addressed by granting citizens and/or their organizations some procedural rights. At least two possible approaches are possible.

i. The right to seek judicial protection: To grant citizens (or their organizations) the right to seek judicial protection against any violotion of environmental protection requirements without having any individual interest at stake (what in Roman Law is known as actio popularis or in the common law system as citizen's suit or public interest suit).

ii. Public rights to participate: To grant the public broad rights to participate in decision-making and to get access to information and to entrust the judiciary with the task of safeguarding these strictly procedural rights.

- Benefits from voluntary activities: Countries that have decided to grant the public broad information and participation rights and consequential access to environmental justice have benefited from the voluntary activities of their citizens willing to protect the environment.

Role of the representative of public in environmental litigation

• Environmental institution and public litigation (Sri Lanka)

Access to information

• Provision of information on environmental conservation (Japan)
• Access to information (Indonesia)
• Dissemination of information (Korea)

Access to justice

• Right of community and environmental organizations (Indonesia)
• Lawsuits related to environmental issues (Japan)
• A case on Ok Tedi River (Papua New Guinea)

Public participation

• People and public participation (Japan)
• Recognition of public interest and participation (Philippines)
• Role of public in environmental management (Indonesia)
• Participation of public (Pakistan)
• Decision making processes with public participation (Tonga)
• Issues related to public participation (Cambodia)
• The public and individuals as participants of environmental protection (People's Republic of China)
• Public participation (Thailand)
• Participation of public (Vietnam)
• Participation of public (Bangladesh)

General responsibilities for private sector

• Responsibilities of corporations (Japan)

Partnership

• Assistant of State for corporations (Japan)

Compliance and enforcement (liability for self-regulation)

• Voluntary activities (Japan)

Dispute resolution

Liability

Public interest litigation (cases)