ASEAN Experiences on Judicial Utilization of Scientific Evidence in Environmental Justice Cases

DOI

10.2991/assehr.k.201209.273How to use a DOI?

Keywords

ASEAN, Environmental Justice, Scientific Evidence

Abstract

Scientific evidence is one of legal and evidentiary challenges in the court settlement of environmental disputes in ASEAN. The issue of scientific evidence in court is related to the outcome of environmental justice cases settlement. The aim of this article is to discusses some available references in ASEAN countries to counter the challenges with the judicial utilization of scientific evidence in environmental justice cases. The research uses qualitative method to analyse secondary data. This article discusses some available reference such as joint assignment of the experts, internal court guidelines, independent courts appointed experts, court register of experts and partnership of court with the academic and scientific community, convene panels of judges, environmental education for judges and the in-house technical experts in ASEAN countries. These references could be group into the three categories which relates with procedural laws; experts’ side, litigants’ side and court side. Dealing with scientific evidence is a challenge for the ASEAN court to assess the case properly in order to make a right and just decision. Several experience and solution have been developed by ASEAN judiciary to better equipped themselves with the capacity needed. While the possibility of corresponding the rules of procedure and model rules for environmental cases including the evidentiary rules could be explored in the future, the region national experience could be learnt by each jurisdiction owing to the same characteristics of environmental cases and the common vision to realize environmental justice and sustainable development in the region based on the rule of law.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Cecep Aminudin
AU  - Efa Laela Fakhriah
AU  - Ida Nurlinda
AU  - Isis Ikhwansyah
PY  - 2020
DA  - 2020/12/14
TI  - ASEAN Experiences on Judicial Utilization of Scientific Evidence in Environmental Justice Cases
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 104
EP  - 112
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.273
DO  - 10.2991/assehr.k.201209.273
ID  - Aminudin2020
ER  -