Public Interest Environmental Litigation in India, Pakistan, and Bangladesh

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Kluwer Law International B.V., 2004 M01 1 - 502 pages
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This research examines the growth and expansion of public interest environmental litigation (PIEL) in India and analyses the changes that are influencing the development of PIEL in Bangladesh and Pakistan. The necessity for this research lies in the rapid degradation of environment and the need of efficient environmental management in the three countries of the South Asian region. Here, we compare the legal systems of the three countries from the environmental point of view, discuss new ideas and directions and critically analyse the legal provisions that would help to apply environmental norms. These offer the legislators a chance to find out what can be applied in their own region, thus developing their existing legal mechanisms. About the author

Jona Razzaque is barrister and holds a PhD in law from the University of London. She works in the field of access to environmental justice and has published numerous articles on this issue. She taught law in Queen Mary College and School of Oriental and African Studies under the University of London. She is currently working as a lawyer in the Foundation for International Environmental Law and Development (FIELD) on cross-themed projects related to bio-diversity, trade and climate change.

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Contents

Acknowledgements
xv
List of Tables
xli
Table of Treaties and Other Instruments
xlvii
Chapter
3
A Note on Methodology
12
Public Interest Environmental Litigation
34
Development of Public Interest Environmental Litigation
47
Environmental Protection and the Constitution
63
Chapter 5
229
Chapter 6
267
Issue of Standing in India Bangladesh and Pakistan
284
Factors Taken into Account by the Court
295
Refusal of Standing in India Pakistan and Bangladesh
309
Chapter 7
317
Polluter Pays Principle and its Application in National Court
361
Chapter 8
371

The Constitution of Bangladesh and Environmental Protection
75
Fundamental Rights and the Protection of Environment 84 5 1 Introduction
84
Environmental Regulation and Regulatory Mechanisms
123
Regulatory Mechanisms of Environmental Management
162
Chapter 4
181
Use of Common Law and Criminal Law in Environmental
199
Use of Civil Procedural Rights in India Pakistan and Bangladesh
214
PartB
402
Access to Environmental Information in India Pakistan
406
Chapter 9
421
Findings from Chapter 8
443
Index
481
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