Public Interest Environmental Litigation in India, Pakistan, and BangladeshThis 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 |
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Public Interest Environmental Litigation in India, Pakistan, and Bangladesh Jona Razzaque Limited preview - 2004 |
Common terms and phrases
According action activities adopted agencies amendment applied approach assessment Association authority Board cause chapter citizens Civil Code common concerned Conservation Constitution Convention cost damage deal decision Delhi directive discussion duty economic effect enforcement environment Environmental Law environmental protection established examines example followed Forest fundamental rights granted hazardous High Court Human Rights impact implementation importance individual industrial International International Law involved issue Journal judges judicial judiciary Justice land legal aid legislation M.C. Mehta matter means ment mental Moreover nature organisation Pakistan and Bangladesh participation parties person petition petitioner PIEL political pollution prevent principle problems procedural Public Interest Litigation question regulation remedies Review rule social standing suit Supreme Court sustainable tion Union of India various waste writ