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6.3. Cross-Border Environmental Protection

May 29 2015
15:30 - 17:30
Hall IV

Track: 6. Cultural Heritage/ Public Interest/ Environment

Description

The roundtable discussion will consider the most relevant issues of legal regulation of international cooperation regarding the rational use of cross-border natural sites, environmental components and ensuring their protection from negative human impact. In their presentations the participants that represent foreign public authorities, judicial system, major corporations, international organizations and legal academic circles will highlight the crucial aspects of international cooperation in this area and try to outline a future system that would govern the use of natural sites located across the borders of several states.

Moderator

Marina Gassiy

Legal Support Director, SUE Vodokanal of St. Petersburg, Merited Lawyer of the Russian Federation


Biography

Education:

Leningrad State University named after A.A. Zhdanov, Law Department (1983).

Interdisciplinary Institute for Training and Retraining of Management Personnel at St. Petersburg State University of Economics and Finance (1998).

Professional experience:

Coding Consultant, Department of Justice of Leningrad Region Executive Committee (1983 -1988).

Member of Leningrad Region College of Advocates (1988-1994).

She is the head of the legal function of SUE “Vodokanal of St. Petersburg” since 1994.

Special tasks, areas of expertise:

Legal regulation of relations in the field of the environmental protection, water use, water supply and wastewater disposal. Legal support of major international environmental projects implementation. Integrated legal support of business activities of SUE “Vodokanal of St. Petersburg”. Development of draft regulatory acts aimed at improving current legislation in the sphere of water supply/wastewater disposal, environmental protection, state unitary enterprises activity.

Awards and achievements:

Within different workgroups she took an active part in the drafting of the Federal Law “On Water and Sanitation”, as well as in the development of associated regulations.

Awarded the Certificate of Merit of the State Committee of the Russian Federation on Construction, Housing and Public Utilities. Selected as a candidate for award “Justice” in the nomination “For success in law practice” by the State Committee of the Russian Federation on Construction, Housing and Public Utilities and the Russian Association for Water Supply and Wastewater Disposal.

Awarded the Medal “In Honour of St. Petersburg 300th Anniversary”.

She was awarded the Medal of the Order of Merit for the Fatherland II Class for the contribution to the South-West Wastewater Treatment Plant construction. This medal marks merits in development and implementation of the above project based on the public-private partnership, as well as preparation and execution support of contracts and agreements between its parties.

The patent holder in international environmental project implementation.

Her contribution to the Russian legal system development was marked with the acknowledgement by the State Duma Committee for civil, criminal, arbitration and procedural law.

With the Order of the President of the Russian Federation №85 “On Conferring State Awards of the Russian Federation” dated 19.01.2012, M.V. Gassy was awarded honorary title “Honoured Lawyer of the Russian Federation”.

Publications, scientific works:

She is the author of several works related to environmental issues of water utilities activity.

Speakers

Lyudmila Kanaeva

Head of Division of Water Legislation and Legislation in the Sphere of Specially Protected Natural Areas and Wildlife in the Legal Department, Ministry of Natural Resources and Environment of the Russian Federation


Kai Kokko

Professor of Environmental Law, University of Helsinki


Biography

Education, academic degree:

  • University of Helsinki LL.M. (1994);
  • University of Helsinki LL.Lic. (1998);
  • University of Turku LL.D. (2003).

Professional experience (selection):

  • Lawyer Kokko, Niemelä & Sario Environmental Lawyers Ltd (1994-1995);
  • University lecturer of environmental law, Aalto University (former Helsinki University of Technology, Espoo (1996);
  • Researcher and teacher of environmental law, University of Turku (1997-2002);
  • Researcher and coordinator of environmental law, Institute of International Economic Law (KATTI), University of Helsinki (2003-2005);
  • Judicial secretary, the Supreme Administrative Court (2005– 2006);
  • Researcher and coordinator of environmental law, KATTI, University of Helsinki (2006);
  • Docent of environmental law, University of Helsinki, University of Eastern Finland (former University of Joensuu), University of Turku, since 2007;
  • Professor of environmental law, University of Lapland (2006–2014);
  • Professor of environmental law, University of Helsinki, since 2014.

Professional interests:

His expertise involves several special tasks in the areas of European and national environmental law and environmental policy and regulation. Main research themes link to: 1) theory and methods of environmental law, 2) environmental basic rights, 3) regulation concerning the use of natural resources including everyman’s rights, forestry law and mining law, 4) nature protection regulation or in general biodiversity law, 5) climate change regulation concerning for example the Climate Act, emission trading and carbon sinks, and 6) EU environmental policy and regulation likewise EU competence in forestry. Moreover, he has studied policy instruments likewise environmental impact assessment and land use planning and recently completed an article concerning the environmental responsibility of enterprises.

Completed research projects (selection):

  • Finnish forestry and carbon sinks - a resource economic and legal analysis of incentives (preliminary study), Finnish forests and wood products in climate change mitigation - sinks and substitution, and their economic and legal control (main study), supported by Ministry of the Environment et. al. under the Environmental cluster programme, researcher and research coordinator (KATTI), 2003-2005.
  • Environmental impact assessment of plans and programmes, supported by Ministry of the Environment, researcher (KATTI), 2006.
  • Law, forests and biodiversity (FORBID), supported by Academy of Finland under the Environment and law research programme, researcher and coordinator (Institute of International Economic Law, KATTI, University of Helsinki, UH), 2005-2008.

Duties as a scientific expert (selection):

  • The Competence of EU in Forest Policy to the Ministry of Agriculture and Forestry in Finland, an author and coordinator, 2004.
  • Assessment of possible implications of LBA Content Options 2 and 3 on selected international forest related agreements and on the EC/EU competence, to the Ministerial Conference on the Protection of Forests in Europe (MCPFE), leader and an author, 2009.
  • EU Policy in the Arctic – EU Competences Affecting the Artic, University of Lapland, NIEM and Faculty of law, an expert and author, to the European parliament 2010.

Publications, scientific works (selection):

Kokko, Kai - Buanes, Arild – Koivurova, Timo - Masloboev, Vladimir - Pettersson, Maria: Sustainable Mining, Local Communities and Environmental Regulation in the Kolarctic Area (synthesis), completed manuscript. April 2015.

Kokko, Kai – Mähönen Jukka: Environmental Responsibility of Enterprises (in Finnish, summary in English) accepted to journal Ympäristöjuridiikka 1/2015.

Kokko, Kai - Oksanen, Anniina - Hast, Sanna - Heikkinen, Hannu I. - Hentilä, Helka-Liisa - Jokinen, Mikko - Komu, Teresa - Kunnari, Marika - Lépy, Élise - Soudunsaari, Leena – Suikkanen, Asko - Suopajärvi, Leena: Sound Mining in the North, A Guide to Environmental Regulation and Best Practices Supporting Social Sustainability, University of Lapland 2014.

Kokko, Kai: Methods of Environmental Law in Finland, Scandinavian Studies in Law, Volume 59, 2014, p. 285-317.

Kokko, Kai: Weighing environmental information and its sources in legal decision-making, Miljörättsliga perspektiv och tankevändor, Iustus Förlag 2013, p. 285-317.

Swatanter Kumar

Chairperson, National Green Tribunal of India


Biography

Born on 31.12.1947.

Education, academic degree:

B.A., LL.B.

Professional experience:

Enrolled as an Advocate with the Delhi Bar Council on 12.7.1971. Practiced in various High Courts and the Supreme Court. Served as an Additional District & Sessions Judge in the Himachal Pradesh High Court from February, 1983 till his resignation in October, 1983, and thereafter resumed practice at New Delhi.

Was Legal Advisor/Standing Counsel for the Central Pollution Control Board for number of years. Practised in various Courts particularly in Supreme Court of India and High Court of Delhi dealing with the cases on the Original Side, Appellate Side, Extraordinary Ordinary Jurisdiction (Writ) and other different fields including environment.

Appointed as an Additional Judge of the Delhi High Court on 10.11.1994. Transferred to Punjab and Haryana High Court on 30.11.1994.

Appointed permanent Judge on 30.11.1995. Transferred to Delhi on 4.10.2004.

Appointed as Chief Justice of Bombay High Court on 31.3.2007.

Appointed as Judge, Supreme Court of India on 18.12.2009.

Dealt with and disposed of large number of cases in various High Courts and the Supreme Court probably the largest in any Court. Various judgments delivered include cases relating to land acquisition, Public Interest Litigation, Environment, both under Criminal and Civil jurisdiction. As judge of the Supreme Court and Chief Justice of Bombay High Court, passed various judgments relatable to various facets of the environmental jurisdiction including wet lands, vehicular pollution, mangroves and cleaning of rivers.

Upon being appointed as Chairperson, NGT, resigned as Judge of the Supreme Court of India on 20.12.2012.

Joined the National Green Tribunal as Chairperson on 20.12.2012 and thereafter has been instrumental in delivering several landmark judgements widening the environmental jurisprudence.

Introduced the concept of ‘consultative adjudicatory process’ in the working of the National Green Tribunal while adjudicating upon significant cases having diverse ramifications on environmental issues:

  • In an endeavour to take forward the mandate of the Hon’ble Supreme Court of India in cleaning the rivers in India, passed various directions including closing down of industries located on the river bank of Ganga and directing them to operate only after complying with the prescribed norms and standards of effluent discharge [Krishan Kant Singh v. National Ganga River Basin Authority, 2014 ALL (I) NGT REPORTER (3) (DELHI) 1].
  • Prohibiting throwing of debris and other construction waste, municipal waste and pooja material in Yamuna, directing setting up of STPs and CETPs, physical demarcation of floodplain of Yamuna and thereafter re-possession of the same, directing cleaning of all storm-water drains and prohibiting flow of sewage in the drains [Manoj Misra v. Union of India, 2015 ALL (I) NGT REPORTER (1) (DELHI) 139].
  • Prohibited plying of petrol vehicles in Delhi which are more than 10 years old and diesel vehicles which are more than 15 years old as well as prohibited open burning of leaves, horticulture waste and other similar waste in NCR [Vardhman Kaushik v. Union of India, O.A. No. 21/2014].
  • Prohibited illegal, indiscriminate, illegal and unscientific rat-hole mining in the State of Maghalaya which was resulting even in the deaths of young mine workers and prohibited further mining in the ecologically sensitive areas of Maghalaya State till submission of proper mining plans by the State and till payment of requisite royalty [Impulse NGO Network v. State of Meghalaya & Ors., O.A. No. 13 of 2014].
  • Upheld the constitutional validity of the Notification issued by Administrator, Union territory of Chandigarh, prohibiting usage, manufacture, storage, import, sale and transportation of polythene/plastic carry bags in the U.T. of Chandigarh while holding that the same is in the interest of environment and nowhere violates the general rule of Plastic Waste (Management and Handling) Rules of 2011 [Goodwill Plastic Industries & Anr. v. Union Territory of Chandigarh & Ors., 2013 ALL (I) NGT REPORTER (DELHI) 486].
  • Adopted the principle of ‘Constructive Intuition’ in order to give wider meaning to an entry in the Environmental Clearance Regulations of 2006 to serve public interest and declared that use of incinerators along with landfills or independently would attract the provisions of the Regulations and therefore Bio-medical Waste disposal plants would require Environmental Clearance [Haat Supreme Wastech Pvt. Ltd And Ors. v. State of Haryana and Ors., 2013 ALL (I) NGT REPORTER (2) DELHI 140].
  • Directed proper disposal of Municipal Solid Waste while ensuring compliance with all environmental norms and directing public authorities to set up Municipal Solid Waste plants on a cluster basis in the State of Punjab and Haryana [People for Transparency Through Kamal Anand v. State of Punjab and Ors,; Almitra H. Patel].
  • Issued various directions in relation to the Rohtang Pass – also termed as the ‘Crown Jewel of Himachal Pradesh’ - in the Himalyan Range, including setting up of check-posts/ barriers, installation of computerized weighing motion system to check overloading of vehicles, regular pollution check of all vehicles passing through the Pass, prohibiting passage of private or public vehicles including two wheelers for tourism purposes to pass from Vashishth to Rohtang Pass except CNG or electric city-operated buses, directing installation of catalytic convertors in petrol and soot collector systems in diesel driven vehicles, prohibited any commercial activity in Rohtang Pass and on use of plastic bags en route to the Pass and imposing Rs 100/- on heavy vehicles and Rs. 50/- for light vehicles travelling ahead of Vashishth and Rohtang Pass.
  • Stopping of illegal , unauthorised, unregulated and unscientific mining in areas of Meghalaya. Number of young people died in mining flood where rat hole mining was going on without the backing of laws and regulations, however, in the interest of economy and livelihood, transportation of huge quantity of extracted coal already lying was permitted to be transported. State was directed to frame mining policy in accordance with law.
  • In the case of Forward Foundation v. State of Karnataka and Ors., huge buildings were raised without even seeking Environmental Clearance and contrary to law. Following the principle of ‘sustainable development’ builders were directed to pay Rs 117.35 crores as environmental compensation and Committee was constituted to examine the environmental impacts and recommendations for restoration of environment, ecology and water bodies.

Valery Musin

Head of the Department of Civil Procedure, Law Faculty, Saint-Petersburg State University


Biography

Education, academic degree:

Defended the dissertation for the degree of Candidate of Sciences titled "State Legal Entities in the USSR (Definition and Characteristic Features)" in 1964 and doctoral dissertation titled "Marine Insurance Contract in Soviet and Foreign Law (Cargo and Vessel Insurance)" in 1978.

Professional activities:

Full professor of St Petersburg State University, Doctor of Sciences (Law) and a prominent scholar in the field of civil law and procedure. Since 1967, he has been working at the Faculty of Law: first as an assistant lecturer (from 1967 to 1969), then as an associate professor (from 1969 to 1980), full professor of the Department of Civil Law (from 1980 to 1989), and the Head of the Department of Civil Procedure (since 1989).

His academic achievements in the sphere of civil law, marine law, international private law, civil procedure and legal issues of foreign trade are well-known in Russia and abroad.

In 2002 he was appointed director of the St Petersburg branch of the Institute of State and Law of the Russian Academy of Sciences.

For over 30 years he has been giving lectures and practical classes at the Faculty of Law of St Petersburg State University on the subject of Roman and civil law. Currently he teaches International Trade Transactions and Related Disputes and International Commercial Arbitration.

He has also been invited as a visiting professor to give lectures at a number of foreign universities: Stetson University, Case Western Reserve University, Cleveland State University and the University of California, Berkeley in the USA, the University of Tromsø in Norway.

In 2008 he was elected Corresponding Member of the Russian Academy of Sciences.

Ad hoc judge of the European Court of Human Rights.

Member of two dissertation councils of St Petersburg University.

More than twenty doctoral dissertations have been written and defended under his supervision.

Achievements and awards:

Awarded with the Order of Honour for his achievements in research and teaching as well as for many years of conscientious work by the president's decree (2002). Honorary Researcher of the Russian Federation (2002).

Publications, scientific work:

Author of over 200 academic publications, including 15 monographs and textbooks. Author and co-author of academic works in the Russian and foreign languages, namely The Essence and Subject Matter of Marine Insurance in Soviet and Foreign Law (1974), Legal Issues of Marine Nuclear Activities (1974), Marine Insurance (1972), International Commercial Contracts (1986), the Russian section of the monograph titled Transfer of Ownership in International Trade (1999, in English), Civil Law (1971 and 1982) and Commercial Law (1998) textbooks, and a number of Civil Procedure textbooks.

Took an active part in the drafting of the Merchant Shipping Code of the USSR of 1968 and the Merchant Shipping Code of the Russian Federation of 1999. He also contributed to the commentaries on these codes, published in 1973 and in 2000, respectively.

*This schedule may be subject to change