The Government of Pakistan has adopted laws to combat adverse environmental impacts of unsustainable development, but there are several issues that make effective implementation of these laws and adjudication of environmental disputes difficult. This report examines the state of environmental law, adjudication, and implementation in Pakistan, focusing on the provincial environmental protection acts of Pakistan and the institutional design, principles, and procedures provided under the law. It further examines the actual implementation of the law and the case law developed in this area with focus on the court's interpretation and enforcement of the laws. The report also reviews the curriculum of law schools and judicial academies and suggests the future inclusion of environmental laws in their respective programs.
Оглавление
Irum Ahsan. Development of Environmental Laws and Jurisprudence in Pakistan
Development of. Environmental Laws. and Jurisprudence. in Pakistan
Contents
Abbreviations
Preface
Background on the Development of Environmental Laws and Other Initiatives in Pakistan
Comparative Review and Analysis of the Pakistan Environmental Protection Act, the Punjab Act, and the Balochistan Act
Structure of the Pakistan Environmental Protection Agency
Powers and Enforcement Mechanisms of the Environmental Protection Agencies
Standards
Initial Environmental Examination and Environmental Impact Assessment
Environmental Protection Order
Pollution Charge
Administrative Penalties
Licenses
Self-Monitoring and Reporting by Industries
Procedure of Evidence Collection by the Pakistan Environmental Protection Agencies
Environmental Tribunals
Green Benches
Review of Environmental Judicial Decisions of Superior Courts in Pakistan
Review of Law Schools and Curriculum. Bachelor of Laws (LLB) Curriculum
Judicial Academies
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Law, Justice, and Development Program, Office of the General Counsel
Irum Ahsan and Saima Amin Khawaja
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Access to environmental justice also remains a challenge. Although this is internationally recognized as a principle of good governance and of critical importance to the rule of law and sustainable development, justice remains inaccessible in a number of countries. The Office of the General Counsel at the Asian Development Bank (ADB), under one of its regional technical assistance projects, has worked with the judiciary of Pakistan and prepared this report to review the state of the country’s environmental laws, adjudication, and implementation.
This report reviews the provincial environmental protection acts of Pakistan with special emphasis on the institutional design, principles, and procedures provided under the law. It further examines the actual implementation of the law and the case law developed in this area with focus on the court’s interpretation and enforcement of the laws. Additionally, the report reviews the current curriculum of law schools and judicial academies and suggests the inclusion of environmental laws in their respective programs in future.
