scholarly journals Sustainable Development through the Right to Access to Justice in Environmental Matters in China

2019 ◽  
Vol 11 (3) ◽  
pp. 900 ◽  
Author(s):  
Miao He
Keyword(s):  
Sustainable Development ◽  
Environmental Law ◽  
Access To Justice ◽  
Transfer System ◽  
Legal Aid ◽  
Significant Progress ◽  
Special Fund ◽  
Legal Perspective ◽  
Effectiveness And Efficiency ◽  
The Right

Access to justice is an irreplaceable complementary right. Without enforcement, environmental law would be ‘toothless’ in practice. Recently, China has made some significant progress in protecting the relevant parties’ right to access to justice in environmental matters. However, there are still some problems and challenges in the protection of this right in theory and in practice. To effectively realize this right, it is necessary to analyze the present situations and problems of the right in China from a legal perspective. This is done by introducing and analyzing the laws, regulations, policies, and practice concerning the right to access to justice in environmental matters in China. Specifically, this paper discusses the present situations of this right from several aspects. Based thereon, a brief problems analysis will be made. Some possible suggestions on how to better protect the right in China will be proposed from the perspectives of engaging, effectiveness and efficiency. These suggestions include empowering various parties with more capacity and possibilities; establishing a legal aid system and special fund; improving the exemption system and attorney fee transfer system; establishing a pre-litigation examination mechanism; and stimulating various parties’ potential roles.

scholarly journals PENGAKUAN TERHADAP PIHAK NON-ADVOKAT DALAM PEMBERIAN BANTUAN HUKUM (Politik Hukum Bantuan Hukum Dalam Peraturan Perundang-Undangan Di Indonesia)

2017 ◽  
Vol 6 (3) ◽  
pp. 399
Author(s):  
Akmal Adicahya
Keyword(s):  
Supreme Court ◽  
Access To Justice ◽  
State Law ◽  
Legal Aid ◽  
Procedural Law ◽  
The Supreme Court ◽  
The Government ◽  
The Right ◽  
Law Student

Access to justice is everyone rights that have to be fulfilled by the government. The regulation number 16 year 2011 of legal aid is an instrument held by the government to guarantee the right. The regulation allowed the participation of non-advocates to provide the legal aid. Through this policy, government emphasizes that:1) Indonesia is a state law which legal aid is an obliged instrument; 2) the prohibition of non-advocate to participate in legal aid is not relevant due to inadequate amount of advocate and citizen seek for justice (justiciabelen), and the advocate is not widely extended throughout Indonesia; 3) Non-Advocates, especially lecturer and law student are widely spread; 4) there are no procedural law which prohibits non-advocate to provide a legal aid. Those conditions are enough argument for government to strengthen the participation of non-advocates in providing legal aid. Especially for The Supreme Court to revise The Book II of Guidance for Implementing Court’s Job and Administration.Keywords: legal aid, non-advocate, justice

scholarly journals Regional Legal Assistance

Rechtsidee ◽  
2015 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Abdul Fatah
Keyword(s):  
Public Awareness ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Counsel ◽  
Legal Aid ◽  
Equitable Distribution ◽  
Legal Implications ◽  
The Law ◽  
The Right ◽  
Aid Policy

Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015). Regional Legal Assistance. Rechtsidee, 2(1), 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

Marketisation and competition in criminal legal aid: implications for access to justice

2020 ◽  
pp. 133-150
Author(s):  
Tom Smith ◽  
Ed Johnston
Keyword(s):  
Access To Justice ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Representation ◽  
Police Station ◽  
Competitive Tendering ◽  
Financial Pressure ◽  
Liberal Reform ◽  
The Right

The right to legal representation is a fundamental right, and arrangements for funding this are crucial to ensuring access to justice for those accused of criminal offences. Criminal legal aid has long been regarded as an entitlement for most citizens, particularly the most economically vulnerable. However, criminal legal aid has been cast in a different light in recent years, viewed not through the lens of welfarism but subjected to neo-liberal values such as cost neutrality, marketisation and managerialism. This was particularly evident in the ‘Transforming Legal Aid’ consultation of 2013, which resurrected the idea of competitive tendering for provision of criminal legal aid services. Although not pursued in full, subsequent changes – including cuts of 8.75% to fees for legal aid lawyers – appear to have significantly affected the scope of criminal legal aid. The number of providers of such services has consistently declined over the past decade and firms have frequently reported significant financial pressure. Arguably, these reforms – justified in neo-liberal terms – have affected access to justice and by extension the quality of justice offered by the Criminal Justice System, CJS. This chapter will examine the market-driven reform of criminal legal aid in recent years, and consider two apparent examples of impact: evidence of an increasing number of litigants-in-person in criminal cases; and the outsourcing of police station work to independent ‘agents’. The chapter will also question some of the apparent contradictions in neo-liberal reform of criminal legal aid, such as the deliberate policy of reducing the size of the provider market; and the ‘false economies’ created by the pursuit of efficiency and economy: goals which are underpinned and enforced by the Criminal Procedure Rules.

Legal aid in South Africa: making justice reality

2005 ◽  
Vol 49 (1) ◽  
pp. 54-72
Author(s):  
Hennie van As
Keyword(s):  
South Africa ◽  
Access To Justice ◽  
Bill Of Rights ◽  
Legal Aid ◽  
Legal Representation ◽  
Existing Structures ◽  
The Poor ◽  
New Concepts ◽  
The Right ◽  
Criminal Matters

Democracy and the adoption of a Bill of Rights for South Africa not only brought about political change, but it also created expectations of a better life for all. The Constitution guarantees equality before the law, access to a fair hearing and the right to legal representation in criminal matters, and the Legal Aid Board is one of the institutions tasked with giving effect to these pledges. In order to achieve its objectives and to fulfil its obligations, government embarked upon a process of transformation of existing structures and institutions and the creation of new ones. Although legal aid, and statutory provision therefore, are not new concepts in South Africa, constitutionalization resulted in the restructuring of the Legal Aid Board and changes in the method of delivery of its services. The focus is on rendering legal representation in criminal matters to the neglect of civil and non-legal problems that the poor often face, resulting in the impression that government is merely paying lip service to the promise of access to justice. This lends credence to the perception that the legal system exists in order to protect the interests of criminals. Being a developing country, it is comprehensible that priorities have to be set, but it is also true that optimum use should be made of existing structures and resources in order to deal with the needs for legal aid services as expressed by the recipients of those services. Involving students and local government are two methods that can be employed to address the multi-farious problems experienced by the less fortunate members of society.

HAK ASASI MANUSIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2016 ◽  
Vol 2 (1) ◽  
pp. 43-66
Author(s):  
Dadang Suprijatna
Keyword(s):  
Law Enforcement ◽  
Public Understanding ◽  
Poor People ◽  
Access To Justice ◽  
Legal Aid ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Legal Structure ◽  
Inspection Process ◽  
The Right

 This study aims to answer how the implementation of legal aid as access to justice for poor people? And any obstacles encountered in the implementation of legal aid? From the results of studies conducted with methods and rules of studies in jurisprudence showed that the implementation of legal aid for people who could not be implemented properly for their deviations in practice, such as the implementation of legal assistance through mentoring new advocate can be enjoyed by the public at the time of inspection advanced not at the time of the initial inspection and the inspection process is ongoing, but without the presence of lawyers, can still be found action advocates who refuse to provide legal aid, as advocates considered less professional and discrimination in the implementations of legal aid. The factors inhibiting the implementation of legal aid for poor people can be classified and divided into three factors namely, the factor of the substance of the law, a factor legal structure, and the cultural factors of law or culture of the community and law enforcement agencies, such as the lack of public understanding of the right to legal aid refers on mistrust, pessimism and skepticism towards the implementation of legal aid, and elements of attitudes, values, ways of acting and thinking advocates leading to the attitudes or actions of irregularities. Factors that inhibit community is negative community views on the implementation of legal aid as well as concerns in the use of legal aid.

Trials in absentia and the cuts to criminal legal aid

2014 ◽  
Vol 78 (6) ◽  
pp. 486-510
Author(s):  
Paul Willey
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Access To Justice ◽  
Legal Aid ◽  
Magna Carta ◽  
The Right ◽  
The Impact ◽  
Irreparable Damage

The swingeing cuts to criminal legal aid may do irreparable damage to the defence side of the equality of arms. Coupled with this, the case of R v Jones gives the judge discretion to try in the defendant’s absence without representation or being present as a litigant-in-person. It is arguable that the defendant’s right to be heard will be chipped away at until the defence side is left legally crippled. The enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is insular and neglects the defendant’s rights systemically. Without an adequate defence, squalid injustice will permeate and reverberate throughout the criminal justice system. Defendants cannot be corralled into court without the assistance of an advocate. The impact of the cuts falls on the litigant-in-person, thereby delimiting access to justice. Thus it disallows the opportunity to raise a proper defence. The sequela of the attack against the defence is a retreat back to the pre-1690s when defendants had very limited chances of being represented. Expense should not quell the right to be heard. Will the 2012 Act administer the coup de grace to the right to be heard or will Magna Carta be a heaven-sent ancient bulwark against this threat?

In Name or Nature? Implementing International Environmental Procedural Rights in the Post-Aarhus Environment: A Finnish Example

2007 ◽  
Vol 9 (3) ◽  
pp. 190-200 ◽  
Author(s):  
Stephen Davies
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Access To Justice ◽  
Political Rights ◽  
The Public ◽  
Hard Law ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
National Environmental

Rights-based approaches to environmental protection are on the increase as the public become more aware of both the environment around them and of their other civil and political rights. Whilst methods for combining environmental protection and rights-based regulation still allude to a large conflict of anthropocentric versus ecocentric interests, one approach increasingly stands out as a potential effective solution: ‘procedural rights’. More commonly, this concerns rights to be heard, rights to information, to participation and the right of access to justice. Such perspectives are increasingly finding purchase within international environmental agendas, indeed, several national jurisdictions have progressed from mere principles into more formal ‘hard law’. In order to follow this progression and to assess the influence of international procedural rights in national jurisdictions, this article looks in particular at the environmental law of Finland as an example, and seeks to illustrate the formation of one facet of internationally accepted procedural rights: that of public participation, within national environmental regulation.

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