Justice Carey: Environmental Law demands better Judicial Training and Legal Standards

Navigating the complexities of environmental litigation demands a level of specialized legal competence that goes beyond conventional courtroom procedures, emphasized Supreme and National Court Justice John Carey. Speaking at the LAWASIA Environmental Law Conference 2026 in Port Moresby, Justice Carey highlighted the intricate challenges judges face in balancing diverse interests.

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How prepared is that judge to resolve such a dispute?

He described scenarios where judges must weigh community concerns about river pollution and future livelihoods against major economic development projects. These are often supported by competing scientific experts and complicated by customary land ownership claims and varying statutory interpretations. Justice Carey questioned the preparedness of judges to resolve such multifaceted disputes, noting that most have never formally studied environmental law during their university education.

To bridge this knowledge gap, Justice Carey advocated for a significant transition from activity-based training to a competency-based model for judicial education. He stressed the importance of the "environmental rule of law," stating that when judges and lawyers treat environmental disputes as ordinary matters, significant errors can occur. This underscores the need for enhanced judicial capacity and training specifically for environmental issues in Papua New Guinea.

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Environmental rule of law. Because most of us, if not all of us, have never done an environmental law course in university.

Furthermore, Justice Carey challenged legal practitioners to elevate the quality of their casework. He pointed out that judges heavily rely on the legal submissions provided, implying that "incompetent submissions" inevitably lead to flawed outcomes. Achieving genuine environmental justice, he concluded, requires the active collaboration and rigorous preparation of both the bench and the bar, fostering a continuous professional development environment for all court officers.

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When you have incompetent submissions, what do you expect?