‘important [tool] of legal aid and has served to bring justice in many cases involving social and environmental concerns’. 160 D. Obligations on state and non-state actors The practice of the courts in member countries is diverse. In India, the courts have imposed obligations on state and non-state actors alike, recognising that non-state actors are equally subject to environmental principles, like the polluter pays principle. Awards to compensate for harm are common. In other countries, courts have tended to act only on the basis of established legislative obligations. In Australia, New Zealand, the Philippines and Thailand, where there is no legislation to support the imposition of a duty on the state or a non-state actor to take or refrain from taking action relating to environmental harm, courts have been reluctant to hold that such duties exist, deferring to the legislature to impose the appropriate duty and/or remedy. 161 In Australia and Malaysia, applicants have successfully used common law actions, such as the tort of nuisance, to seek redress from state and non-state actors who have caused environmental harm. 162 How does this information link with the recommendations? • Judicial interpretation of the relationship between human rights and the environment may provide support for NHRIs in their advocacy for recognition of a right to an environment of a particular quality, and in their education campaigns. NHRIs may also draw on the jurisprudence from other countries to compare the status of a right to an environment of a particular quality in their country with others: recommendations 1.1 – 1.4, 2.2, 3.1, 4.1 and 4.2. • NHRIs should compare standing rules to ensure that those within their own states ensure appropriate access for interested parties: for example, India has very broad standing rules and a culture of public interest litigation: rec 2.4. See also the guidelines on participatory rights at Part 4. Initiatives to address environmental problems A. Government environmental departments Afghanistan, Australia, India, Malaysia, New Zealand, the Philippines and Thailand have government environment agencies. For example, the National Environmental Protection Agency in Afghanistan and the Department of Environment in Malaysia administer environmental matters and conduct research, education and training. Responses highlighted concerns about the transparency of operations and highlighted the need for objective decision making, free from political or other interference. 163 160 See also the decision in Minors Oposa v Secretary of the Department of Environment and Rural Resources, where the plaintiff minors, purporting to represent themselves and generations unborn successfully challenged the granting of timber concessions which, if exploited, would allegedly breach the constitution right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. OPOSA, et al. vs. FULGENCIO S. FACTORAN, JR. et al. (G.R. No. 101083, July 30, 1993). 161 Ibid 97, 146, 172.. 162 Ibid 97, 124, 131. 163 Ibid 103-4. - 44 -