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.
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 Chapter 1 Public Interest Environmental Litigation in India,
Pakistan and Bangladesh Part A: Introduction 1. General
Introduction 2. Reasons behind choosing India, Pakistan and Bangladesh
3. A Note on Methodology 4. Scope and Structure of the Book Part
B: Public Interest Environmental Litigation 1. Historical
Development of Public Interest Litigation 2. Development of Public
Interest Environmental Litigation Chapter 2 Environmental Protection and
the Constitution 1. General Introduction 2. The Constitution of
India and Environmental Protection 3. The Constitution of Bangladesh
and Environmental Protection 4. The Constitution of Pakistan and
Environmental Protection 5. Fundamental Rights and the Protection of
Environment Chapter 3 Environmental Regulation and Regulatory Mechanisms in
Environmental Management in India, Pakistan and Bangladesh 1. General
Introduction 2. Conceptual Framework of Environmental Regulation 3.
Regulatory Mechanisms of Environmental Management Chapter 4 Application of
Judicial Procedures and Remedies in PIEL in India, Pakistan and Bangladesh 1.
General Introduction 2. Available Procedural Rights under the
Constitution and its Use in Environmental Cases 3. Use of Common Law
and Criminal Law in Environmental Litigation in India, Pakistan and Bangladesh
4. Use of Civil Procedural Rights in India, Pakistan and Bangladesh
Chapter 5 Civil and Criminal Remedies, Cost and Funding in PIEL 1. General
Introduction 2. Available Civil and Criminal Remedies used in
Environmental Litigation in India, Pakistan and Bangladesh 3. Expenses
in Environmental Litigation Chapter 6 Interest, Representation and Standing
in Public Interest Environmental Litigation Part A: General 1.
General Introduction 2. Standing Rules in Environmental Cases:
Application in the UK and in the USA Part B: Issue of Standing in
India, Bangladesh and Pakistan 3. Development of the Issue of Standing
in India, Pakistan and Bangladesh 4. Factors Taken into Account by the
Court 5. Question of Standing in Environmental Cases 6. Refusal
of Standing in India, Pakistan and Bangladesh Chapter 7 Application of IEL
in the National Legal Systems of India, Pakistan and Bangladesh 1. General
Introduction 2. Sustainable Development and its Application in the
National Court 3. Intergenerational Equity and its Application in the
National Court 4. The Precautionary Principle and its Application in
the National Court 5. Polluter Pays Principle and its Application in
National Court Chapter 8 Alternative Environmental Forum, Access to
Environmental Information and Public Participation in Environmental Decision
Making in India, Pakistan and Bangladesh 1 Introduction Part A 2.
Separate Forum of Environmental Dispute Settlement Part B 3.
Introduction 4. Access to Environmental Information in India, Pakistan
and Bangladesh 5. Public participation in the environmental decision
making in India, Pakistan and Bangladesh Chapter 9 Concluding Observations
1. General Introduction 2. Findings from Chapters 2, 3 and 4 3.
Findings from Chapter 5, 6 and 7 4. Findings from Chapter 8 5.
Concluding Thoughts Bibliography, Index