Access to justice for conservation of the biodiversity: an important component of environmental justice

For conservation of the biodiversity and for maintaining anessential balance between all flora and fauna and the achieving the ultimate goal of sustainable development, access to justice is a must. Only because of easy and fast institution and disposal of environmental pollution and degradation c...

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Main Authors:	Ansari, Abdul Haseeb, Al-Gasim, Saa Abu
Format:	Article
Language:	English
Published:	AENSI Publications, Jordan 2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/40423/ http://irep.iium.edu.my/40423/1/AEB_2014-Saad_2-_489-501.pdf

id	iium-40423
recordtype	eprints
spelling	iium-404232018-06-11T05:02:29Z http://irep.iium.edu.my/40423/ Access to justice for conservation of the biodiversity: an important component of environmental justice Ansari, Abdul Haseeb Al-Gasim, Saa Abu K Law (General) For conservation of the biodiversity and for maintaining anessential balance between all flora and fauna and the achieving the ultimate goal of sustainable development, access to justice is a must. Only because of easy and fast institution and disposal of environmental pollution and degradation cases, these objectives can be achieved and poor and marginal people can get justice. It is also notable that the right to access to justices is crucial for right to information and right to participate in environmental decision-makings. The solution lies in relaxing the requirement of locus standi to pave the way for public interest/social interest litigation, which the Indian Apex Courts have evolved and are practicing. Nevertheless, it has to be so only in genuine cases. The authors suggest that the Indian practice should be internalised by other states, but with necessary safeguards. The Australian practice of Law Clearing Houses and the Canadian practice of providing mitigation or exemption on cost are also good practices for others to emulate. The authors feel that in order to provide funding for public interest cases, every state should create a fund and extend legal and procedural support through legal aid clinics. AENSI Publications, Jordan 2014-10 Article PeerReviewed application/pdf en http://irep.iium.edu.my/40423/1/AEB_2014-Saad_2-_489-501.pdf Ansari, Abdul Haseeb and Al-Gasim, Saa Abu (2014) Access to justice for conservation of the biodiversity: an important component of environmental justice. Advances in Environmental Biology, 8 (21). pp. 489-501. ISSN 1995-0756
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Ansari, Abdul Haseeb Al-Gasim, Saa Abu Access to justice for conservation of the biodiversity: an important component of environmental justice
description	For conservation of the biodiversity and for maintaining anessential balance between all flora and fauna and the achieving the ultimate goal of sustainable development, access to justice is a must. Only because of easy and fast institution and disposal of environmental pollution and degradation cases, these objectives can be achieved and poor and marginal people can get justice. It is also notable that the right to access to justices is crucial for right to information and right to participate in environmental decision-makings. The solution lies in relaxing the requirement of locus standi to pave the way for public interest/social interest litigation, which the Indian Apex Courts have evolved and are practicing. Nevertheless, it has to be so only in genuine cases. The authors suggest that the Indian practice should be internalised by other states, but with necessary safeguards. The Australian practice of Law Clearing Houses and the Canadian practice of providing mitigation or exemption on cost are also good practices for others to emulate. The authors feel that in order to provide funding for public interest cases, every state should create a fund and extend legal and procedural support through legal aid clinics.
format	Article
author	Ansari, Abdul Haseeb Al-Gasim, Saa Abu
author_facet	Ansari, Abdul Haseeb Al-Gasim, Saa Abu
author_sort	Ansari, Abdul Haseeb
title	Access to justice for conservation of the biodiversity: an important component of environmental justice
title_short	Access to justice for conservation of the biodiversity: an important component of environmental justice
title_full	Access to justice for conservation of the biodiversity: an important component of environmental justice
title_fullStr	Access to justice for conservation of the biodiversity: an important component of environmental justice
title_full_unstemmed	Access to justice for conservation of the biodiversity: an important component of environmental justice
title_sort	access to justice for conservation of the biodiversity: an important component of environmental justice
publisher	AENSI Publications, Jordan
publishDate	2014
url	http://irep.iium.edu.my/40423/ http://irep.iium.edu.my/40423/1/AEB_2014-Saad_2-_489-501.pdf
first_indexed	2023-09-18T20:58:00Z
last_indexed	2023-09-18T20:58:00Z
_version_	1777410433751187456

Access to justice for conservation of the biodiversity: an important component of environmental justice

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