Warning message

Automatic fallback to the cURL connection method kicked in to handle the request. Result code from the failing request: 503

Workshop on Mainstreaming Legal Knowledge of Environmental Issues

21 - 25 August 2017

Event Tabs

ADB is supporting the Supreme Court of Cambodia's request for a training for judges on environment and climate change law. This is in line with recent initiatives to enact a comprehensive Environmental Code for the country. The training/workshop aims to equip judges with the knowledge and skills to tackle this new Code and to handle environmental cases, and to learn from best practices from other jurisdictions.  

Day 1

 
08:00 – 08:45

Registration and Arrival of Participants

 
08:45 – 09:00
  • Arrival of Honorable Guest Speakers
  • Arrival of Honorable H.E Chiv Keng, Vice President;
  • Representative of Supreme Court of Cambodia
 
09:00 – 10:00

Inaugural Session

  • National Anthem of the Kingdom of Cambodia
  • Opening Remarks by the Supreme Court of Cambodia (5 minutes): H.E. Chiv Keng, Vice President, Supreme Court of Cambodia
  • Remarks by ADB (5 minutes) - Mr. Samiuela T. Tukuafu, Country Director, Cambodia Resident Mission, ADB
  • Remarks by USEPA (5 minutes) - Judge Mary Kay Lynch, USEPA Environmental Appeals Board
  • Introduction to the Workshop (15 minutes)
    • Overview of the topics and the workshop
    • Overview of AJNE and ADB’s work with judges on environment and climate change law

Group Photo (15 mins)

 
10:00 – 10:20

Coffee Break

 
10:20 – 12:00

Session 1: Environmental Courts and Tribunals and Pre-workshop Survey Results
Facilitators: ADB Team

  1. Presentation: Role of Environmental Courts and Tribunals – International Experience (15 minutes) – Mr. Matthew Baird, International Legal Capacity Development Specialist (Consultant), ADB
  2. Presentation: USEPA Environmental Appeals Board – An introduction of the EPA’s environmental tribunal and where it fits into environmental adjudication in the U.S. (15 mins) – Judge Mary Kay Lynch, USEPA Environmental Appeals Board
  3. Presentation of Pre-workshop Survey: Ms. Ma. Cecilia T. Sicangco, Knowledge Management Specialist (Consultant), ADB; and Mr. Gregorio Rafael P. Bueta, Legal and Policy Specialist (Consultant), ADB
 
12:00 – 1:30

Lunch

 
13:30 – 15:00

Session 2: Environmental Laws in Cambodia and the New Draft Environmental Code
Facilitator: Mr. Matthew Baird, International Legal Capacity Development Specialist (Consultant), ADB

  1. Presentation: Brief Overview of Cambodia’s Main Environmental Laws (20 minutes) – Mr. Matthew Baird, International Legal Capacity Development Specialist (Consultant), ADB
  2. Presentation: Environmental Law Principles in Cambodia (20 minutes) – Judge Chay Chan Daravan, Court of Appeals, Cambodia
  3. Presentation: Dispute Resolution Mechanisms in the Draft Environmental and Natural Resources Code (20 minutes) – Atty. Sam Long, Vishnu Law Group
  4. Q&A Session
 
15:00 – 15:20

Coffee Break

 
15:20 – 16:45

Session 3: Developing Special Rules for Environmental Cases
Facilitators/Trainers: USEPA Judges Mary Kay Lynch and Kathie Stein

  1. Presentation: Through this Session, judges will:
    • Consider the role of courts in environmental cases
    • Consider some guiding principles of the adjudicative process as it relates to environmental cases
    • Discuss the use of procedural rules, standing orders and guidance documents as a means of developing court rules for environmental cases; identify ways of using/leveraging existing rules for environmental cases
    • Learn about best practices from other jurisdictions in developing special court rules (including from the Philippines and China)
    • Learn about alternative means of resolving environmental disputes.
  2. Interactive Activity: Participants will divide into groups. Using the information provided, each group will exchange ideas about what types of environmental procedural rules would be helpful to courts in Cambodia. Groups will then report out on the main ideas of what they have discussed.
  3. Q&A Session
 
16:45 – 17:15

Day 1 - Wrap Up
Facilitator: Mr. Gregorio Rafael P. Bueta, Legal and Policy Specialist (Consultant), ADB

 

Day 2

 
08:30 – 10:00

Session 4: Environmental Impact Assessments (EIAs) and Development Planning
Facilitator/Trainer: Mr. Matthew Baird, International Legal Capacity Development Specialist (Consultant), ADB

  1. Presentation: Through this Session, judges will:
    • Understand the concept of EIA and development planning
    • Know about the latest trends and developments
    • Learn how EIA is an important tool for environmental protection and how EIA can guide judicial decision-making
  2. Interactive Activity: Participants will divide into groups. Each group will evaluate a hypothetical case provided in advance, based on questions provided by the facilitator. The groups will then report on the results of their discussions.
  3. Q&A Session
 
10:00 – 10:20
Coffee Break
 
10:20 – 12:00

Session 5: Dealing With Evidence in Environmental Cases
Facilitator/Trainer: USEPA Judge Kathie Stein

  1. Presentation: Through this Session, judges will:
    • Consider issues relating to evidence in environmental cases
    • Understand the use of different kinds of evidence (i.e., technical, scientific, economic, etc.)
    • Learn about the threshold assessments of evidence and standards for admissibility
    • Learn about the different techniques, tools, and skills in managing the presentation of evidence in environmental cases, including the handling and treatment of experts
    • Hear suggestions for how to weigh and evaluate the scientific evidence presented and for dealing with the lack of certainty.
  2. Interactive Activity: Participants will divide into groups. Each group will evaluate a hypothetical case provided in advance and, using the principles presented, determine what type of evidence is needed to prove a certain position and what elements are necessary for admissibility. The groups will then report on the exercise.
  3. Q&A Session
 
12:00 – 13:30

Lunch

 
13:30 – 14:45

Session 6: Climate Change Law: General Principles and Best Practices
Speaker: Ms. Ma. Cecilia T. Sicangco, Knowledge Management Specialist (Consultant), ADB

Presentation: This Session will provide a short introduction to climate change law, the international legal framework, and how climate change cases and issues are being litigated in different jurisdictions. Among others, the presentation will cover:

  • The prevailing international regime, including institutional documents and agreements (UNFCCC, Paris Agreement, etc.)
  • Cambodia’s national obligations and contributions under the international regime
  • The consequences of climate change on vulnerable groups
  • Examples of climate change litigation
 
14:45 – 15:00

Coffee Break

 
15:00 – 16:00

Workshop Evaluation
Facilitator: ADB Team

The workshop outcomes will be discussed, identifying key points and learnings from the presentations and discussions. Participants will also be asked to identify next steps for the judiciary and how to implement the lessons learned during the workshop.

 
16:00 – 17:00
  • Synthesis/Next steps for the judiciary - ADB Team/SCC
  • Closing Remarks - ADB, SCC
  • Awarding of Certificates - ADB and SCC

End of Workshop

Preliminary Materials

Programme Agenda (EN | KH)

Preliminary Materials

Speakers Bios (EN)

Session 1

Overview of the Workshop and the Asian Judges Network on Environment (EN)

Session 1

An Introduction to the U.S. EPA’s Environmental Appeals Board (EN | KH)

Session 1

Results of the Survey (EN)

Session 1

The Role of Environmental Courts and Tribunals - International Experience and Lessons Learned (EN | KH)

Session 2

Dispute Resolution Mechanisms in the Draft Environmental and Natural Resources Code (EN | KH)

Session 2

Environmental Law Principles in Cambodia (EN | KH)

Session 2

Environmental Governance in Cambodia and Overview of Main Environmental Laws in Cambodia (EN | KH)

Session 3

Rules of Court for Environmental Adjudication (EN | KH)

Session 4

EIA and Development Planning (EN | KH)

Session 4

EIA Hypothetical Case Exercise (EN | KH)

Session 4

EIA Hypothetical Case Questions (EN | KH)

Session 5

Scientific Evidence in Environmental Cases (EN | KH)

Session 5

Hypothetical Case Exercise Facts (KH)

Session 6

Climate Change Law: International Regime and Best Practices (EN | KH)

Reference Materials

Climate Change Agreements

Publications 

Code and Law

Sub decrees

Other legal instrument under the law