Jurists want active role in climate change talks

The Hindu , Friday, March 05, 2010
Correspondent : J. Venkatesan
“Copenhagen round failed to arrive at binding accord as they were not consulted”

The international meet on global warming organised by the International Council of Jurists (ICJ), on board a cruise, has called upon the United Nations to include eminent jurists in all climate change talks to be held in future.

The conference, chaired by ICJ president Adish Aggarwala, which concluded on Wednesday, unanimously adopted six resolutions on global warming and international terrorism.

ICJ director S. Prabhakaran, who read out the resolutions, and Mr. Aggarwala, said a 21-member ICJ delegation, comprising eminent jurists from different countries, would meet U.S. President Barack Obama in June to impress upon him to effectively take up the issues of global warming and international terrorism.

A resolution said the Copenhagen round of climate talks failed to arrive at a binding accord because jurists were not consulted during the deliberations. Their inclusion in pre-treaty talks would help to evolve a common, comprehensive and binding legal framework to be followed by the international community in reducing carbon emissions. The ICJ decided to form a core committee to lend a helping hand to the U.N. and the international community. Reiterating its commitment to condemn all forms of terrorism, another resolution said: “The judiciary throughout the world must play a major role in ensuring that the menace of global warming and international terrorism is curbed effectively.”

Justice P. Sathasivam of the Supreme Court spoke on terrorism, judicial reforms and legal education in India. He said the huge pendency of cases was partly due to an increased awareness of litigants' rights and partly due to enactment of new laws.

Justice Cyriac Joseph said environment should not be a pretext for preventing society's development. “Environmental fundamentalism” by busybodies who opposed welfare projects on flimsy grounds should not be encouraged.

On judicial reforms, he did not agree with the criticism that the collegium system of appointment of judges to the higher judiciary in India had not worked well. The system had been functioning since 1994 and nobody had questioned it. Now all of a sudden, some people started questioning its efficacy.

“Today, if there is any criticism, people who operate the system are to be blamed and not the system itself. If there is any inadequacy, it can be improved. Those who take decisions, if they strictly adhere to the norms, problems will not arise. Only if there is slight deviation from norms, then the problem comes.”

Mr. Prabhakaran wanted the subordinate judiciary strengthened with adequate infrastructure. He said there should not be any hasty disposal of cases, as that would result in miscarriage of justice. The facility of e-courts should be extended at all levels for speedy justice, viz issuance of judgment copies, orders, etc.

The former Pakistan Law Minister, Rana Ijaz Ahmed Khan, Nepal Bar Association member Bishwa Kanta Mainali and Law Society of Singapore president Michael Hwang were among those who spoke.

 
SOURCE : http://www.thehindu.com/news/international/jurists-want-active-role-in-climate-change-talks/article149005.ece
 


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