• The elements described above require effective implementation and enforcement, consistent with the principles of international environmental law outlined above. 117 Implementation and enforcement mechanisms must not only address domestic factors but also the potential for environmental degradation to impact beyond the national borders. 1.3 Application of existing rights NHRIs should consider how environmental issues impact on the realisation of the human rights they are mandated to uphold, and how these issues may be addressed in their general work. In the absence of an existing right to an environment of a particular quality in international or domestic law, institutions are encouraged to interpret and apply existing human rights as encompassing protection from environmental factors that impinge on the full realisation of those rights 1.4 Protection of the Environment Generally While a human right to an environment of a particular quality is advocated, the protection of the environment in and of itself remains highly relevant. Where its mandate so permits, an NHRI should not be constrained from advocating for broader rights relating to environmental protection, nor from urging the ratification and implementation of existing international laws dealing with the environment. (Note: A table at Annex 1 provides an indicative list of relevant environmental treaties and states parties from the Asia-Pacific region.) Implementation of the right 2.1 Review of Domestic Regulation NHRIs are urged to encourage their states to review their national laws and policies, as appropriate, in order to recognise and guarantee the right to an environment of a particular quality as a human right 2.2 Development of Domestic Regulatory Regimes NHRIs are urged to encourage their states to adopt such a right via laws, policies, arrangements and/or treaties at national, regional, bilateral and multilateral levels. 2.3 Court and Tribunals NHRIs are urged to encourage their states to consider the establishment of ‘green benches’ – environmental specific courts, tribunals or judicial panels. 2.4 Participatory rights Critical to the effective realisation and exercise of a right to the environment is the existence of procedural rights, such as the right to access information, to participate in decisionmaking and to access remedies, as is provided for in the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters118 (‘Aarhus Convention’). 2.4.1 Assessment of existing procedural rights National Human Rights Institutions (‘NHRIs’) should conduct an assessment of existing participatory rights, as they are used in the context of environmental matters within their own national system. This may be conducted by assessing the implementation and enforcement of existing participatory rights on the basis of their adherence to the general principles articulated in Part 4 of this paper. NHRIs should advocate for changes to address gaps in implementing and enforcing participatory rights relating to the environment. 2.4.2 Adoption of procedural rights 117 Refer above at page 22. For a further discussion of relevant principles, refer to Sands, above at note 6, pp 231 - 289. 118 Entered into force 30 October 2001. Further information including the text of the treaty can be found at http://www.unece.org/env/pp/ - 34 -