Course Outline

Environment Law and Policy (ELP)

Nusrat Jahan Nabeela1

Course Description: Climate change, global warming,

solid waste disposal, urban sprawl, land degradation, soil
erosion, water scarcity and poor water supply and sanitation,
energy issues, over-population and air pollution are not alien
concepts for us today. All this and much more that we see,
read and live through is directly connected to our
environment and our well being. It is said that if the rate at
which man has already brought dramatic changes to many
ecosystems continue, irreversible damage to the natural
processes that support life on earth will soon occur. All the
efforts for changing the world into a better place for each
one of us- efforts for eradication of poverty and hunger,
improving health and protecting human life are unlikely to
be sustainable if we keep on spoiling our planet. The
importance of protecting our environment and achieving
sustainable development has to be a cause for concern for
all of humanity as the very existence of life on earth is
seriously threatened today.

Environment Law and Policy addresses these existence

issues and is about how to make a difference so to make life
sustainable and to leave a liveable world for our future
generation. It is about finding a balance between improving
our lives and yet not spoiling the earth beyond irreparable
damage. The course is more than protecting cuddly pandas
or clamping down on Dickensian factories that belch smoke
and churn out barrels of waste. ELP offers much more.
Reasons behind collapse of earlier civilizations, the human
appropriation of natural resources, the exponential growth of
population, the current global environmental challenges, the
multi and inter disciplinary regulatory regime, the interplay
1
LLM (King’s College, UK), Advocate High Court. Associate at AFRIDI, SHAH & MINALLAH

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of economics, ethics, politics, science and law, the debate
on development, growth and environment, the vibrancy of
the green movements, the quality and vision of
environmental justice and finally compelling reasons to
change the way you live and think.

The course revolves around four themes.

The first theme provides a historical understanding of the

current global environmental issues. The course travels
further to familiarize students with state of the planet Earth
and its resources as they stand today. Are these resources
being used sustainably? Environmental science further
sharpens your assessment of these issues.

The second theme is to understand the evolution and

foundations of regulation leading to present day
environmental law and policy. It is here that the
multidisciplinary nature of environment law comes out at its
best. The development of international environmental law
and policy starting from Stockholm to Rio and beyond come
under discussion. Key international environmental principles
are debated and discussed.

The next theme is Pakistan specific. After mapping and

learning about the rich biodiversity and resources of
Pakistan and its key environmental threats and problems,
the regulatory regime and its institutional design needs to be
carefully studied. First, to analytically review the quality of
environmental legislation to see whether it is only based on
“command and control” strategy or does it also provide for
preservation and conservation. Several alternate and
innovative ways to regulate pollution come under discussion.
Second, to identify the gaps and flaws in enforcement. It also
considers in detail the working of environmental justice. The
Environmental Tribunal and the constitutional remedy of
Public Interest Litigation is discussed and compared with
other private remedies under common law and other
enactments.

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The last theme, which runs through the entire course, is its
specialized and clinical component. Effort is made to identify
special areas which have a direct bearing on Pakistan and
can be clinically explored by the students in the city of
Lahore. Field trips, projects and green activities will provide
an opportunity to interact with the environmental
bureaucracy of the country and gauge the enforceability of
law. It also requires sustainable strategies be thought out for
the future and for the survival of the Earth. In the process,
fingers crossed, it might also turn you “GREEN,” which will
perhaps be the greatest achievement of this course.

Course Objectives: Primarily to be able to chalk out

sustainable strategies for the survival of the planet and the
human race. As lawyers to understand the debate on
Environment and Development and to help interpret and
develop laws that help people-centric and sustainable
development. The course would want the students to first
change themselves into more environmentally friendly
citizen of the Earth on the campus and then use their
knowledge and skill to have a lasting impact on the
interpretation and development of environmental law and
policy in Pakistan

Required Reading:
The primary reading material is The Green Reader and
Manual of Environmental Laws (book).

Books:

Manual of Environmental laws in Pakistan, Khyber law

Publishers, Lahore

Philippe Sands. Principles of International Environmental

Law: Cambridge University Press, 2004.

Steven Ferry. Environmental Law Examples &

Explanations. Aspen Publishers.

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 Stuart Bell and Donald McGillivray. Environmental Law-
The law and policy relating to the protection of the
environment. Oxford.

Ed. Philippe Sands, Paolo Galizzi. Documents in

International Environmental Law: Cambridge University
Press, 2004

Beder Sharon. Environmental Principles and Policies, an

Interdisciplinary Introduction: 2006

Baker Susan. Sustainable development: Routledge, 2006

Jawad Hassan. Environmental Laws of Pakistan: Bookbiz,

2006

National Policies and Law

Policies:

• Pakistan’s National Conservation Strategy:

http://www.iucn.org/themes/ceesp/publications/art
-mono/pak.doc
• National Environment Policy 2005
http://www.environment.gov.pk/nep/policy.pdf
• National Water Policy (Draft)
http://www.waterinfo.net.pk/pdf/NationalWaterPoli
cy.PDF
• National Drinking Water Policy (Draft)
http://www.environment.gov.pk/act-
rules/D_NATIONAL_DRINKING_WATER_POLICY.pdf
• National Sanitation Policy
http://www.environment.gov.pk/SACOSAN-
2005/PDF/National%20Sanitation%20Policy.pdf
• National Forest Policy, 2002
• National resettlement policy, 2002
• Punjab Urban Water Supply and Sanitation Policy,
2005

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• National Energy Conservation Policy

General Laws:
• Constitution of Pakistan, 1973
• Pakistan Environmental Protection Act, 1997
(PEPA, 1997)
• Project implementation and resettlement of
affected persons ordinance 2001 (draft)
• Local Government Ordinance 2001
• The Factories Act, 1934
• Pakistan Penal Code, 1860
• Forests Act, 1927
• Forest Ordinance, 2002
• Wildlife Acts of the Provinces

Rules under PEPA, 1997

• Pakistan Environmental Protection Agency
(Review of IEA/EIA) regulations, 2000
• Provincial Sustainable Development Fund
(Procedure) Rules, 2001
• Provincial Sustainable Development Fund
(utilization) Rules, 2003
• Environment Sample Rules, 2001 at
http://www.environment.gov.pk/act-
rules/envsamplrules.pdf
• The National Environmental Quality Standards
(Self Monitoring ad Reporting by Industry )
Rules, 2001
• The Pollution Charge for Industry (Calculation
and Collection) Rules, 2001
• Hazardous Substance Rules, 2003
• Revised National Environmental Quality
Standards, 1999
• Hospital Waste Management Rules, 2005 at
http://www.environment.gov.pk/act-
rules/rHWMRules2005.PDF
• Pakistan Biosafety Rules, 2005
• Composition of Offences and Payment of

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 Administrative Penalty Rules 2000
• Environmental Tribunal Rules, 1999
• The National Environmental Quality Standards
(Certificate of Environmental Laboratories)
Rules, 2000

Guidelines:
• Guidelines for Public Consultation

• Guidelines for Solid Waste Management at

http://www.benfieldhrc.org/disaster_studies/rea/resou
rces/Solid_Waste_Man.pdf

• National Biosafety guidelines

EIA Guidelines:
• EIA Guidelines & overview
• EIA Graphics Overview
• Guidelines for preparation and review of
environmental reports
• Guidelines for sensitive areas
• Guidelines for major thermal power stations
• Guidelines for chemical and manufacturing plants
• Guidelines for housing states and town planning
• Guidelines for industrial estates
• Guidelines for major roads
• Guidelines for sewerage schemes
• Guidelines for oil and gas exploration

• Biodiversity Action Plan for Pakistan, 2000 at

http://www.macp-pk.org/bap.pdf

• National environment action plan

• Forest Sector Master Plan

• Clean Development Mechanism (CDM) National

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 Operational Strategy

International Treaties:
• Stockholm Declaration, 1972

http://www.unngocsd.org/documents/stockh
olm1972.pdf

• Rio Declaration, 1992

http://www.un.org/documents/ga/conf151/ac
onf15126-1annex1.htm

• United Nations Framework Convention on Climate

Change, 1992 at www.unfcc.int

• Kyoto Protocol to the United Nations Framework

Convention on Climate Change, 1997 at
www.unfcc.int

• Convention on International Trade in Endangered

Species (CITES), 1973 at
http://www.cites.org/eng/disc/text.shtml

• Convention on Biological Diversity, 1992 at

http://www.biodiv.org/convention/default.shtml

• Biosafety protocol, 2000 at

http://www.biodiv.org/biosafety/protocol.shtml

• Convention on International Trade in Endangered

Species of Wild Fauna and Flora, 1973 (CITES) at
http://www.cites.org/

• Convention on the Control of Transboundary

Movement of Hazardous Waste and Their Disposal,
1989 (Basel) at
http://www.basel.int/text/documents.html

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 • General Agreement on Tariffs and Trade at
http://www.wto.org/

• Agreement on Trade Related Aspects Of

Intellectual Property Rights (TRIPS) at
http://www.wto.org/

• Agreement on the Application of Sanitary and

Phytosanitary Measures at http://www.wto.org/

• Agreement on Technical Barriers to Trade at

http://www.wto.org/

Recommended Websites:
• http://www.environment.gov.pk/
• http://www.unep.org/
• http://www.un.org/events/wssd/
• http://www.un.org/esa/sustdev/index.html
• http://www.iucn.pk/
• http://www.wwfpak.org/
• http://www.wto.org/
• http://www.inece.org/index.html (compliance)

Prerequisites for this course: Love for the environment!

Grading:
Class Participation: 10%
Project: 20%
Quiz/shot essays: 20%
Assignments: 10%
Final Exam: 40%
100%

Lectures: This is a _______ course. There will be 24 sessions

of

8
90 /100minutes each.

Course Schedule:

Session 1: Introduction and overview of the course

What do we understand by the term environment and
what are various environmental issues! What is the
relationship of mankind, ecology and human development
and appropriation of natural resources? How mankind
altered the ecological footprint of our planet and what
does the increasing pollution and insatiable human
consumption hold for the future. What are environmental
issues faced by Pakistan.

Reading:
Chapter-1: The Green Reader (TGR)
- Living Planet Report 2006
- Biodiversity Action Plan for Pakistan, pgs.13-
28
- For understanding environmental issues of
Pakistan, look at the study done by Pakistan
EPA “State of Enviornment Report 2005
(draft) available at
http://www.environment.gov.pk/Publications.htm
Visual Input:
Planet Earth – BBC Production (film).

Clinical component:
Planting a tree

Sessions 2: Environmental Science–understanding

science behind nature and ecosystems
Environmental science is the study of interactions
among physical, chemical, and biological components of
the environment. An environmental scientist will walk
the students through scientific print behind
environmental systems, species and populations,
human population and humanity’s ecological footprint,
biomes and biodiversity, environmental conservation:

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 forests, parks and nature preserves, food and
agriculture, health and toxicology, air pollution and
climate, water pollution and resources, geology and
earth resources, energy, solid and hazardous waste and
urbanization and urban planning.

Guest Speaker: Uzma Khan, Manager Conservation

Programme, WWF, Lahore.

Readings:
Chapter 2: The Green Reader
Glossary of environmental terms

Session 3: Need for environmental regulation-

history of environmental law
How multidisciplinary forces driven by economics, ethics
and science generated a need for environmental
regulation. The session traces the start of the
Environment Movement, the conservation movement in
the early 1950s. Important events and publication like the
Lucky Dragon Oil Spill (UK) in 1954, the Minamata law suit
(Japan) in 1971, publication of Silent Spring (Rachel
Carson) and Limits to Growth in 1972 leading to
Stockholm Conference in 1972, Rio in 1992 and
Johannesburg in 2002. The session briefly traces the
history of international environmental policy making.

Reading:
Chapter 3: the Green Reader
- Sands Philippe. Principles of International
Environmental Law: Cambridge University Press,
2003, pgs: 25-69;

- Stockholm Declaration, 1972 (Manual of

Environmental Laws in Pakistan)

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 - Rio Declaration, 1992 ((Manual of Environmental Laws
in Pakistan)

Further Reading:
-Foundations of Environmental Law and Policy – Richard
L. Revesz
-Environmental Protection, law and Policy – Jane Holder
& Maria Lee.
-Environmental law and policy – James Salzman
-Environmental Law (Examples and Explanations)-
Steven ferry- Aspen Publishers.
-Rachel Carson. Silent Spring. 1962
-Limits of Growth-1972
-Hardin. Problems of the Commons
-Leopold. A Sand Country Almanac-
-George Perkins Marsh. Man and Nature

Session 4: Need for environmental regulation-

sources of environmental law
Identification of sources of international obligations in the
field of environment including important judicial decisions
and introduction to the regulatory techniques used to give
effect to these obligations

Reading:
Chapter 4: the Green Reader
- Sands Philippe. Principles of International

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Environmental Law: Cambridge University Press,
2003, pgs: 123-170

- Handouts

Session 5 & 6: Principles of environmental law

International Environmental Law is heavily influenced by a
collection of principles. Some of these principles include:
sovereignty of states over natural resources and
responsibility not to cause damage to the environment of
other states; precautionary principle; polluter pays
principle; principle of sustainable development; preventive
principle; common but differential responsibilities;
principle of co-operation; requirement to conduct a
comprehensive environmental impact assessment; and
public participation principle. Two classes will examine
these fundamental principles of environmental law.

Readings:
Chapter 5: The Green Reader
-Sands Philippe. Principles of International
Environmental Law: Cambridge University Press, 2003,
pgs 231-290
-Summary of Gabcikovo-Nagymaros case
-Southern Blue Fin Tuna case
-Beef Hormone case

Further Reading:
-Beder Sharon. Environmental Principles and Policies, an
Interdisciplinary Introduction: 2006, pgs. 12-31
-Baker Susan. Sustainable Development: Routledge, 2006.
pgs 19-46 & 158-185

Session 7: Field Trip

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A visit to the garbage dump

Session 8 Environmental Regulation in Pakistan -

law and policy framework
Constitutional underpinning, analytical reading and
understanding of the domestic environmental law, rules
and policies. Assessing the nature of environmental law in
Pakistan e.g., preventive or reactive. Understanding of the
institutional design under the laws.

Reading:
Chapter 6: The Green Reader
Constitution (1973) Article 9; 199, 184, no. 18, 36, 2 (part
II) of the legislative list , no. 24, 34, of concurrent
legislative list;
Pakistan Environment Protection Act, 1997
Jawad Hassan. Environmental Laws of Pakistan: Bookbiz,
2006, pgs, 25-27; 29-30; 31-36; 45; 48-52; 53- 57; 61- 62;
63; 70-71; 88; 91; 93;
Factories act, 1934, sections; 14, 33-Q,
Pakistan Penal Code, 1860, sections; 268, 269, 277, 278,
290, 291, 426, 430, & 277

“State of Environment Report 2005 (Draft)” available at

http://www.environment.gov.pk/Publications.htm

List of Acts, Ordinances, Rules, Regulations, Policies

and Guidelines are available at
http://www.environment.gov.pk/info.htm

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 National Conservation Strategy

Session 9 & 10: Environmental Justice in Pakistan

This session discusses in detail the remedial framework.
The administrative and judicial enforcement of the law.
How do laws address environmental pollution control or
environmental violation? What is the level of
enforcement at the administrative level (EPA or EPD).
How effective is the Environment Protection Order. The
expertise and results of the Environmental Tribunal.
How does Public Interest Litigation work and why are
constitutional remedies more popular than the statutory
environmental remedies. How useful are the
environmental safeguards built in other laws e.g.,
building regulations or corporate governance, etc.

Issues of standing, access to information, questions of

evidence, criminal liability. Rights of non human
members of the ecosystem- “do Trees Have rights”

Reading:
Article 9 & 199 of the Constitution of Pakistan, 1973
Constitution of Pakistan, 1973, Articles: 4, 9, 14, 18,
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PEPA, 1997, 20, 21, 22, 23, 24, 25,
The environmental tribunal rules, 1999
Article 21, 48 A of the Constitution of India, 1949

- Public Interest Litigation in Pakistan – Menski,

Rafay Alam & Kasuri
- Environment Activist Handbook – 2 volumes-
India
- Irfan Saeed Aalrai. “Institutional Aspects and
Mechanisms for NEQS Compliance and

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 Enforcement” from Sustainable Development,
Bridging the Research/Policy Gaps in
Southern Context. Oxford University Press,
2005

Case law (Pakistan and India)

-Anjum Irfan vs. LDA and others, PLD 2002 Lahore 555
(excerpts)
-Shaheen Welfare Society vs. Environmental Protection
Agency Punjab, Lahore, 2005 CLC 1267 (excerpts)
-Shela Zia and Others vs. WAPDA, PLD 1994 SC 693
-Roedad Khan vs. Federation of Pakistan and 41 Others,
Writ Petition No.642/1990 (excerpts)
-Human Rights Case (Environment Pollution in
Balochistan, PLD 1994 SC 102 (excerpts)
-Human Rights Case No. 9-K/1992. An Unreported Case
Discussed in IUCN, Environmental Public Interest Cases
in Pakistan, 59-65 (1998) (Excerpts)
-Syed Mansoor Ali Shah, etc vs. Government of Punjab,
etc, W. P no. 6927/1997 (excerpts)
-Nazim, U.C. Allah Bachayo Shore vs. The State, 2004
YLR 2077 (excerpts)
-Pakistan Environmental Law Association (PELA), etc vs.
The Provincial EPA, etc, C.P. no. 29/2005 (Petition)
-Ardeshir Cowasjee vs. Sindh Province, 2004 CLC 1353
(excerpts)
-Human Rights Case (Environment Pollution in
Balochistan), PLD 1994S C 102 (excerpts)-
-Pollution of Environment Caused by Smoke, Emitting
Vehicles , Traffic Muddle, H.R. No. 4-K of 1992, 1996
SCMR 543 (excerpts)

Session 11 & 12: class Project:

For class project each student shall choose an environmental issue,
research and make a presentation on that topic in the class.

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Furthermore, every student shall write an essay of approximately
2000-3000 words based on his/her research and class project.

Special Themes:

Session 13: Climate Change and Global Warming.

Climate change is said to be the greatest environmental
challenge facing the world today. According to a large
number of experts, people living in poverty would be worst
affected by the effects of climate change, while these are
also the people least equipped to deal with this crisis. This
examines The Framework Convention on Climate Change
and the Kyoto Protocol to understand how the world
community is trying to solve the issue of global warming,
what various innovative mechanisms have been
introduced in these agreements for their success and what
their practical downsides may be. Furthermore,
international climate change law will also be examined to
understand the principle of “common but differential
responsibilities”.

Guest Speaker: Saima Khawaja, LLM (King’s College,

London), partner AFRIDI, SHAH & MINALLAH.

Visual Input:
Documentary:

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 Reading:
Chapter7: The Green Reader
Sands, 357-381
Sands, Basic Documents, 128-152 (United Nations
Framework Convention on Climate Change, 1992
Sands, Basic Documents, 153-236 (Kyoto Protocol to the
United Nations Framework Convention on Climate Change,
1997)Clean Development Mechanism (CDM) National
Operational Strategy
Handouts

Session 14 Urban Planning and Development

Pakistan’s cities are expanding much faster than the overall
population. Statistical projections tell us that in few years
time more than 50% Pakistanis will be living in urban
centers. That demands intelligent and holistic urban
planning to make our cities sustainable. Critical examination
of the urban development and planning legal regime to see
whether we are ready to meet the challenges of urbanization
will be the focal point of the class.

Reading
- LDA Act, 1975
- Punjab Local Government Ordinance, 2001
- Handouts

Session 15: Water Resource Management and Water

pollution with special emphasis on urban Water
Supply, Sanitation and Solid Waste Disposal

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An overview of the water resource management covering
agriculture, Industry, household and environment. Present
status and the road ahead e.g. improved technologies and
agricultural practices. Co-relationship of pollution and water
and the best practices to be adopted. Special inputs on
urban water supply, sanitation and solid waste disposal and
its nexus with water resource management.

Guest Speaker- Mr. Hammad Naqi, Environmental Unit,

WWF, Lahore (at the WWF office) - The class is to cycle to
the WWF facility on Ferozepur Road)

Reading:
Pakistan’s Waters at Risk by WWF available at
www.wwfpak.org/pdf/water-report.pdf

Session 16: Air Pollution, Health and Poverty

Air pollution is rapidly growing environmental problem in
Pakistan. Highly inefficient energy use, accelerated vehicular
population, increased industrial activity without any proper
controls on emissions and open burning of solid waste are
some of the major causes of deteriorating air quality. What
are the laws, and inadequacies of the laws? What are the
Implementation issues? How the state is trying to combat
and improve the situation?

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Guest Speaker: Saima Khawaja, LLM (King’s College,
London), partner AFRIDI, SHAH & MINALLAH.

Session 17: Biodiversity of Pakistan, Issues, Gaps &

Solutions Biodiversity and its importance. Overview of
Pakistan’s biodiversity status. Examination of national laws
with specific focus on the rights of local communities in that
specific resource; role of local communities in the
management of forests, wildlife and fisheries and
Subsistence concerns/sustainable development of local
communities.

Reading:
-CBD
-CITES
- RAMSAR
-Forest act, 1927, village forests
-NWFP Forest ordinance, 2002, sections 101, 102
-Punjab Wildlife ((Protection, Preservation,
Conservation and Management) Act, 1974; -Exclusive
Fishery Zone (Regulation of Fishing) Act, 1975
-National forest policy, 2002
-Biodiversity action plan

Session 18: Dams or no Dams

A documentary followed by a discussion on the pros and
cons of dams and issues revolving around dams in Pakistan

Session 19: Energy

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Sources of energy, issues in energy and the sustainable
policies and action required to conserve energy for the
future.
Reading:
Handouts

Session 20: Environment Impact Assessment

Environmental impact assessments emerged
internationally after the 1972 Stockholm Conference
and are now an established international and domestic
legal technique for integrating environmental
considerations into socio-economic development and
decision making processes. This session will look at
the concept and mechanisms employed to carry out an
environmental impact assessment and determine how
crucial an EIA may be for achieving sustainable
development.

Reading:
Chapter 8: The Green Reader
PEPA, 1997, section: 12
Pakistan Environmental Protection Agency (Review of
IEA/EIA) regulations, 2000
Guidelines for Public Consultation
Guidelines for Filling & Review of an EIA
Lahore Conservation Society, etc vs. Government of
Punjab, etc, C. P. no. 16/2006
Canal Road Widening Case
WWF, etc vs. Government of Punjab
Lahore Conservation Society, etc vs. Government of
Punjab, etc, C. P. no. 16/2006

Session 21: Trade, WTO and Environment

Examination and merit of trade measures in International

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Environmental Agreements. Scope of unilateral
environmental measures and international trade.
Examination of the jurisprudence of the new WTO
Appellate Body where it has significantly expanded the
potential for the “environmental exceptions” available
under Article XX of the GATT with specific emphasis on
shrimp turtle case (1998 & 2001).

Reading:
Chapter 9: The Green Reader
-Sands, 940-973
-Shrimp turtle case

Session 22: field trip

Environmental tribunal

Session 23: pesticides

Although the wide- spread usage of pesticides in Pakistan
has controlled the pests, but like other countries, it has
started creating environmental problems in the area.
Some of the issues related to pesticide usage are-
contamination of ground water and; chronic health
effects.

Reading:
- Convention on the prior informed consent
procedure for certain hazardous chemicals
and pesticides in international trade, 1998
- Convention on persistent organic pollutants
- Agricultural Pesticide Ordinance, 1971

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Session 24: summing up

Methodology:
The sessions are lecture based peppered with talks by
speakers/experts. There will be outside class field trips; to
visit the garbage dumps, water supply and sanitation
pumping stations, botanical garden, the Lahore High Court
and Environmental Tribunal.

Students are required to undertake a research project on

any current environmental issue. There will be class
presentations for each of these projects and an essay of
2000-3000 words tabulating the study.

Environmental law students are encouraged to come to

LUMS on bicycles (especially those living in DHA) – a special
prize awaits the “cyclist of the term.” Students are
encouraged to borrow, rent or buy a digital camera for their
projects and for developing a nature scrap book during the
course.

Students will be required to watch environmental films and

documentaries followed by comments and discussion, every
student is required to plant a tree at LUMS and to see it grow
during his stay at LUMS.

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