Public Interest Environmental Litigation in India, Pakistan and Bangladesh
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1 Public Interest Environmental Litigation in India, Pakistan and Bangladesh Jona Razzaque Foundation for International Environmental Law and Development Kluwer Law International The Hague / London / New York
2 Contents Outline of the Book Contents Acknowledgements Abbreviations List of Cases List of Tables List of Charts List of Statutes Table of Treaties and Other Instruments v vii xv xvi xx xli xlii xliii xlvii Chapter 1 Public Interest Environmental Litigation in India, Pakistan and Bangladesh 1 Part A: Introduction 1 1. General Introduction 1 2. Reasons behind choosing India, Pakistan and Bangladesh Geographical extent and legal system of India, Pakistan and Bangladesh Common Environmental Concerns of India, Pakistan and Bangladesh^ Water pollution Degradation of Marine and Coastal Resources Increased use of agro chemicals Loss of coastal habitats and deforestation 8 Vll
3 viii Public Interest Environmental Litigation in India, Pakistan and Bangladesh Land Based Pollution Waterlogging and salinity Air Pollution Biodiversity The Need for PIEL in the context of India, Pakistan and Bangladesh A Note on Methodology Scope and Structure of the Book 15 Part B: Public Interest Environmental Litigation Historical Development of Public Interest Litigation Development of Public Interest Environmental Litigation 47 Chapter 2 Environmental Protection and the Constitution General Introduction The Constitution of India and Environmental Protection Introduction The Directive Principles of State Policy The Constitution of Bangladesh and Environmental Protection Introduction Fundamental Principles of State Policy The Constitution of Pakistan and Environmental Protection Introduction The Principles of Policy Objectives Resolution Fundamental Rights and the Protection of Environment Introduction Fundamental Right to Life Right to Clean Environment in India Right to Healthy Environment in Bangladesh Right to Clean Environment in Pakistan The Right to Equality in India, Pakistan and Bangladesh Right to Property in India, Pakistan and Bangladesh 119
4 Contents ix Chapter 3 Environmental Regulation and Regulatory Mechanisms in Environmental Management in India, Pakistan and Bangladesh General Introduction Conceptual Framework of Environmental Regulation Introduction Outline of Approaches Framework Law Institutional Structure of Environmental Management Enforcement and Control Incentive Mechanisms Conclusion Regulatory Mechanisms of Environmental Management Introduction Development of EIA Regulation and Procedures in India, Pakistan and Bangladesh Introduction Environmental Impact Assessment (EIA) in India Environmental Impact Assessment (EIA) in Bangladesh Environmental Impact Assessment (EIA) in Pakistan Conclusion 179 Chapter 4 Application of Judicial Procedures and Remedies in PIEL in India, Pakistan and Bangladesh General Introduction Available Procedural Rights under the Constitution and its Use in Environmental Cases Introduction Evolution of Writ Jurisdiction Procedural Rights under the Constitution in India Procedural Rights under the Constitution in Bangladesh Procedural Rights under the Constitution in Pakistan Conclusion Use of Common Law and Criminal Law in Environmental Litigation in India, Pakistan and Bangladesh Introduction 199
5 x Public Interest Environmental Litigation in India, Pakistan and Bangladesh 3.2. Public Nuisance in Criminal Cases in India, Pakistan and Bangladesh Negligence and Strict Liability Conclusion Use of Civil Procedural Rights in India, Pakistan and Bangladesh Introduction Class Actions in India, Pakistan and Bangladesh Representative Suits in India, Pakistan and Bangladesh Public Nuisance in Civil Cases Conclusion 226 Chapter 5 Civil and Criminal Remedies, Cost and Funding in PIEL General Introduction Available Civil and Criminal Remedies used in Environmental Litigation in India, Pakistan and Bangladesh Introduction Injunction (Civil/Criminal) Damages (Civil/Criminal) Directions (Civil) Fine and Imprisonment (Criminal) Conclusion Expenses in Environmental Litigation Introduction Cost Order and Advocate's Fees Legal Aid in India, Pakistan and Bangladesh Environmental Insurance Conclusion 264 Chapter 6 Interest, Representation and Standing in Public Interest Environmental Litigation 267 Part A: General General Introduction Standing Rules in Environmental Cases: Application in the UK and in the USA Introduction Development of Standing in the UK 274
6 Contents xi 2.3. Development of Standing Rule in the USA Conclusion 282 Part B: Issue of Standing in India, Bangladesh and Pakistan Development of the Issue of Standing in India, Pakistan and Bangladesh Introduction Development of the Issue of Standing in India Development of the Issue of Standing in Bangladesh Development of the Issue of Standing in Pakistan Conclusion Factors Taken into Account by the Court Introduction Factors Taken into Account in India Factors Taken into Account in Bangladesh Factors Taken into Account in Pakistan Conclusion Question of Standing in Environmental Cases Introduction Standing in Environmental Cases in India Standing in the Environmental Cases in Bangladesh Standing in Environmental Cases in Pakistan Conclusion Refusal of Standing in India, Pakistan and Bangladesh Introduction Refusal of Standing in India Refusal of Standing in Bangladesh Refusal of Standing in Pakistan Conclusion 314 Chapter 7 Application of IEL in the National Legal Systems of India, Pakistan and Bangladesh General Introduction Sustainable Development and its Application in the National Court Introduction International Application of the Concept 320
7 xii Public Interest Environmental Litigation in India, Pakistan and Bangladesh 2.3. National Application of the Concept in India, Pakistan and Bangladesh Conclusion Intergenerational Equity and its Application in the National Court Introduction International Application of the principle National Application of the Principle in the Courts of India, Pakistan and Bangladesh Conclusion The Precautionary Principle and its Application in the National Court Introduction International Application of the Principle National Application of the Principle in India, Pakistan and Bangladesh Conclusion Polluter Pays Principle and its Application in National Court Introduction International Application of the Principle National Application of the Principle Conclusion 369 Chapter 8 Alternative Environmental Forum, Access to Environmental Information and Public Participation in Environmental Decision Making in India, Pakistan and Bangladesh General Introduction 371 Part A Separate Forum of Environmental Dispute Settlement Introduction Alternative Forums in India Separate Forums in Pakistan Separate Forums in Bangladesh Conclusion 400 PartB Introduction 402
8 Contents xiii 4. Access to Environmental Information in India, Pakistan and Bangladesh Public participation in the environmental decision making in India, Pakistan and Bangladesh Public Participation in the Decision Making in India Public Participation in the Decision Making in Bangladesh Public Participation in the Decision Making in Pakistan Conclusion 419 Chapter 9 Concluding Observations General Introduction Findings from Chapters 2, 3 and Findings from Chapter 5, 6 and Findings from Chapter Concluding Thoughts 447 Bibliography 449 Index 481
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