University of the Punjab — LLB Programme

UNIT 1: Evolution & History of Environmental Law

Lecture 3: Sources and Principles of Environmental Law

Duration: 2 Hour(s) | Introduction to National Environmental Laws

OUTLINE (c): Sources and Principles of Environmental Law

PART A — SOURCES OF ENVIRONMENTAL LAW IN PAKISTAN

Environmental law derives its authority and content from multiple sources. These sources interact with and
complement each other. Understanding these sources is essential for any legal practitioner dealing with
environmental matters.

1. Constitutional Provisions
The Constitution of Pakistan 1973 is the supreme law of the land. Environmental rights are not explicitly
mentioned, but courts have derived them from fundamental rights provisions.

• Article 9 — Right to Life: No person shall be deprived of life or liberty save in accordance with law.
The Supreme Court has interpreted 'life' broadly to include quality of life and the right to a clean,
healthy environment. [Shehla Zia v. WAPDA, PLD 1994 SC 693]
• Article 14 — Human Dignity: The dignity of man and, subject to law, the privacy of home, shall be
inviolable. Living in a polluted, degraded environment violates human dignity. [Applied in environmental
PIEL cases]
• Article 37(e) — State Policy: The State shall make provisions for securing just and humane
conditions of work, ensuring that children and women are not employed in vocations unsuited to their
age or sex, and for maternity benefits for women in employment. Broader reading: State must protect
environment from pollution.
• Article 184(3) — Supreme Court: The Supreme Court shall have power to make an order of the
nature mentioned in Article 199 if it considers that a question of public importance with reference to the
enforcement of any of the Fundamental Rights is involved. Primary vehicle for Supreme Court PIEL.
• Article 199 — High Court: High Courts can issue writs (mandamus, certiorari, prohibition, quo
warranto, habeas corpus) against government authorities failing environmental duties. Primary vehicle
for High Court PIEL.

2. Legislation — Primary Sources

Parliament and provincial assemblies enact legislation directly governing environmental matters.

• PEPA 1997: Pakistan Environmental Protection Act 1997 — primary federal environmental law.
Post-18th Amendment, provincial EPAs govern environmental matters in their respective provinces.
• Punjab Environment Protection Act 2012: Governs environmental matters in Punjab after
devolution.
• Wildlife Protection Acts: Provincial wildlife acts governing conservation of fauna and flora.
• Pakistan Forest Act 1927: Regulates forests, timber, and forest produce.
 • Mines Act 1923: Regulates mining safety and environmental protection at mines.

3. Subsidiary Legislation
Rules and regulations made under parent acts — more detailed, technical provisions.

• IEE/EIA Regulations 2000: Procedure for environmental review of new projects under PEPA.
• NEQS: National Environmental Quality Standards — pollution limits for air, water, noise, effluents.
• Hazardous Substances Rules 2003: Control of hazardous chemicals and waste.
• Hospital Waste Management Rules 2005: Safe disposal of medical and biological waste.

4. Judicial Decisions / Case Law

Decisions of superior courts develop environmental law through interpretation of constitutional provisions
and legislation.

• Supreme Court under Art. 184(3): Shehla Zia, Salt Miners, Canal Road — landmark
environmental judgments.
• High Court under Art. 199: Asphalt Plants Case (1991), Asghar Leghari (2015), Walid Iqbal Smog
(2017).
• Environmental Tribunals: Specialized bodies under PEPA adjudicating environmental disputes.
• Persuasive Foreign Precedents: Indian, UK, US, and international environmental decisions are
cited as persuasive authority.

5. International Law
Pakistan has ratified numerous international environmental treaties which become part of domestic law
upon ratification.

• UNFCCC 1992 and Paris Agreement 2015: Climate change — NDC commitments.
• Convention on Biological Diversity 1992: Biodiversity conservation and benefit-sharing.
• CITES 1973: International trade in endangered species.
• Basel Convention 1989: Control of transboundary hazardous waste movement.
• Ramsar Convention 1971: Protection of internationally important wetlands — 19 sites in Pakistan.

PART B — PRINCIPLES OF ENVIRONMENTAL LAW

Principles of environmental law are the foundational norms that guide the interpretation, application, and
development of environmental rules. These principles have been developed through international
declarations, treaties, and judicial decisions. They apply both in Pakistani domestic law and international
environmental law.

Principle 1: 1. Precautionary Principle

Definition — 1. Precautionary Principle
Rio Declaration 1992, Principle 15: 'Where there are threats of serious or irreversible damage, lack of
full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent
environmental degradation.'
Detailed Explanation: This principle shifts the burden of proof — instead of requiring proof of harm before
regulation, it requires proof of safety before permitting a potentially harmful activity. It is especially
important for novel technologies, chemicals, and projects where long-term consequences are unknown.

Application in Pakistan: Applied in Shehla Zia v. WAPDA (SC 1994): The Supreme Court restrained
WAPDA's grid station construction even though electromagnetic radiation harm was scientifically uncertain.
The Court held that uncertainty itself justified preventive action.

Principle 2: 2. Polluter Pays Principle

Definition — 2. Polluter Pays Principle
Rio Declaration 1992, Principle 16: 'National authorities should endeavour to promote the
internalization of environmental costs and the use of economic instruments, taking into account the
approach that the polluter should, in principle, bear the cost of pollution.'

Detailed Explanation: This principle requires those who cause pollution to bear the full cost of preventing
and cleaning up that pollution — rather than externalizing those costs onto society. It creates economic
incentives for cleaner production. It is the basis for environmental fines, EPOs, and compensation orders
under PEPA 1997.

Application in Pakistan: Applied in Environmental Tribunal orders requiring industries to pay remediation
costs. Also invoked in the Lahore Canal Road and Smog cases where industries were ordered to bear costs
of their pollution.

Principle 3: 3. Sustainable Development

Definition — 3. Sustainable Development
Brundtland Commission 1987: 'Development that meets the needs of the present without compromising
the ability of future generations to meet their own needs.'

Detailed Explanation: Sustainable development integrates three pillars: (i) Economic development; (ii)
Social equity; (iii) Environmental protection. These three must be balanced — not sacrificing any one for
another. The concept was formally adopted in the Rio Declaration (Principle 4) and is embedded in PEPA
1997's objectives and the National Climate Change Policy 2012.

Application in Pakistan: Applied in Asghar Leghari v. Federation (LHC 2015): Court held that government's
failure to implement climate policy violated sustainable development obligations. Also referenced in the Salt
Miners Case (SC 1994).

Principle 4: 4. Public Trust Doctrine

Definition — 4. Public Trust Doctrine
Certain natural resources — air, water, rivers, forests, coastlines — are held by the state in trust for the
public. The state, as trustee, cannot alienate, privatize, or allow the permanent degradation of these
trust resources.

Detailed Explanation: Origins in Roman law ('res communes' — things belonging to all), English common
law, and US constitutional law (Illinois Central Railroad v. Illinois, 1892). The doctrine recognizes that
some resources are so fundamental to public welfare that private ownership or destruction is
impermissible.

Application in Pakistan: Applied in Pakistan: Salt Miners Case (SC 1994) — natural resources held in public
trust; Lahore Canal Road Case (SC 2011) — canal as public trust resource cannot be taken for road; Shehla
 Zia — atmosphere as public trust.

Principle 5: 5. Intergenerational Equity

Definition — 5. Intergenerational Equity
The present generation holds the Earth in trust for future generations. Environmental decisions must
consider impacts on people who have not yet been born but will be affected by choices made today.

Detailed Explanation: This principle recognizes that current generations are both trustees and
beneficiaries of the natural world. It requires long-term thinking in environmental decision-making —
considering not just immediate economic benefits but century-scale consequences of resource extraction,
pollution, and climate change.

Application in Pakistan: Applied in climate change litigation globally. In Pakistan, Asghar Leghari case (LHC
2015) explicitly invoked intergenerational equity — holding the government accountable for failing future
generations by not implementing climate policy.

Principle 6: 6. Prevention at Source Principle

Definition — 6. Prevention at Source Principle
Environmental damage should be prevented at source rather than remedied after the fact. Prevention is
always more effective and less costly than remediation.

Detailed Explanation: This principle is operationalized through the IEE/EIA requirement under PEPA
1997 — projects must assess environmental impact before commencing, preventing damage before it
occurs. It is also the basis for technology standards and NEQS — requiring industries to adopt clean
technology rather than pollute and pay.

Application in Pakistan: Applied through PEPA Section 12 (IEE/EIA requirement), NEQS enforcement, and
pre-project environmental clearances.

Principle 7: 7. Access to Justice, Information, and Participation

Definition — 7. Access to Justice, Information, and Participation
Rio Declaration 1992, Principle 10: 'Environmental issues are best handled with participation of all
concerned citizens, at the relevant level.'

Detailed Explanation: This principle has three components: (i) Access to environmental information —
citizens must be able to obtain information about environmental conditions and decisions; (ii) Public
participation — citizens must be able to participate in environmental decision-making (EIA public
hearings); (iii) Access to justice — citizens must have access to courts and administrative bodies to
challenge environmental decisions and enforce environmental rights. Pakistan's liberalized locus standi in
PIEL cases reflects this principle.

Application in Pakistan: Applied through: EIA public hearing requirements (IEE/EIA Regulations 2000),
PIEL locus standi (Art. 184(3) and 199), and complaint mechanism under PEPA Section 20.

Principle 8: 8. CBDR — Common but Differentiated Responsibilities

Definition — 8. CBDR — Common but Differentiated Responsibilities
Rio Declaration 1992, Principle 7: All states share common responsibility for global environmental
protection, but their individual responsibilities differ based on their historical contributions to
environmental problems and their financial and technological capacities.
Detailed Explanation: This principle represents the resolution of the North-South debate. It
acknowledges: (i) that global environmental problems are shared concerns; (ii) that developed nations
bear greater historical responsibility; (iii) that developed nations have greater financial and technical
capacity; (iv) that developing nations need space to develop.

Application in Pakistan: Pakistan invokes CBDR constantly in international climate negotiations. Pakistan's
NDC under the Paris Agreement makes emission reduction targets conditional on receiving $101 billion in
climate finance from developed nations — a direct application of CBDR.

★ PU PAST PAPER QUESTIONS (Exam-Focused)

Q1. What are the sources of environmental law in Pakistan? Discuss each source with relevant examples.

Q2. Explain the Precautionary Principle in environmental law. How has it been applied by the Supreme
Court of Pakistan?

Q3. Discuss the 'Polluter Pays Principle' with reference to its origins, meaning, and application in
Pakistani environmental law.

Q4. What is the 'Public Trust Doctrine'? Trace its origins and discuss its application in Pakistani case law.

Q5. Define 'Sustainable Development'. How is it reflected in Pakistan's environmental legislation and case
law?

Q6. Distinguish between the Precautionary Principle and the Prevention at Source Principle.

Q7. What is 'Intergenerational Equity'? How was it applied in the Asghar Leghari case?

Q8. Discuss any THREE principles of environmental law with reference to Pakistani case law.

Lecture 3: Sources and Principles of Environmental Law | LLB Environmental Law | University of the Punjab