Lahore University of Management Sciences. Environmental Law Law-491
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1 Environmental Law Law-491 Spring Semester 2013 Instructor Ahmad Rafay Alam Room No. 283 Office Hours Telephone Secretary/TA TA Office Hours Course URL (if any) Course Basics Credit Hours 4 Lecture(s) Nbr of Lec(s) Per Week 2 Duration 110 Minutes Recitation/Lab (per week) Nbr of Lec(s) Per Week Duration Tutorial (per week) Nbr of Lec(s) Per Week Duration Course Distribution Core Elective Open for Student Category Close for Student Category COURSE DESCRIPTION This course is an introduction to the principles of sustainable development, the issue of climate change and the laws of Pakistan that regulate our environment. Taught primarily from an activists perspective, it seeks to shed light on the working of government in responding to environmental challenges. COURSE PREREQUISITE(S) COURSE OBJECTIVES Understanding of sustainable development Knowledge of climate change issues Knowledge of Pakistani environmental legislation and jurisprudence Learning Outcomes Knowledge of relevant statutes and regulatory frameworks Knowledge of formulation and implementation of government policies Knowledge of environmental and development issues facing Pakistan
2 Grading Breakup and Policy Lahore University of Management Sciences Assignment(s): - Home Work: - Quiz(s): - Class Participation: 15% Attendance: 15% Midterm Examination: 25% Project: 20% Final Examination: 25% Examination Detail Midterm Exam Yes/No: Combine Separate: Duration: Preferred Date: Exam Specifications: Final Exam Yes/No: Combine Separate: Duration: Exam Specifications: COURSE OVERVIEW Week/ Lecture/ Topics Module 1 Introduction 2 What is the environment - The meaning of environment - The importance of the environment History of the Green Movement and the North vs. South discourse Recommended Readings - Summary of Global Environment Protection - Beginner s Guide to International Environmental Law. Michigan University (pp. 10 to 33) 3 What is Climate Change Screening of documentary: - An Inconvenient Truth 4 Environment/Development/Climate Screening of videos: Chang/Poverty nexus - Hans Rosling New Insights in Development (TED) - Hans Rosling The Magic Washing Machine (TED) - Severn Suzuki speech at UN Earth Summit Public lecture: Dr. Adil Najam (proposed) on current themes in sustainable development 6 Political economy of environmentalism and climate change in Pakistan - From Stockholm, 1972 to the 18 th Amendment - Characteristics of the National Environment Policy, 2006 and National Climate Change Policy, Synthesis Report on Pakistan s Preparatory Process for UNCSD, October 2011 by Ambassador (Retired) Shafqat Kakakhel, (Chapters 1 and 2) - Environment Policy National Climate Change Policy 2012 Objectives/ Application To trace the historical evolution of what is now international environmental law. Identify shortcoming of traditional legal mechanisms in protecting the environment. What is development? Why is the environment important when people still don t have food to eat (the environment vs. development debate)? Examine how environment and climate change priorities were mainstreamed into Pakistan s development strategy Highlight various issues in the Environment and Climate Change Policies
3 7 Environmental profile of Pakistan - The Pakistan National Conservation Strategy, 1992 (Chapter 2, Part 1: The State of Pakistan s Environment) - Economic Survey of Pakistan (Chapter 16: The Environment 8 Environment issues in Pakistan - Initial National Communication on Climate Change, 2003 (Executive Summary) - World Bank National Environment Assessment, Pakistan, 2007 (Executive Summary) 9 Characteristics of Pakistani environmental law - The tort of nuisance - Select legislation - The role of judiciary in protecting environmental rights 10 Pakistan Environment Protection Act, 1997 (PEPA) 1: Characteristics and Issues - Purpose of PEPA - PEPC - Federal and Provincial EPAs - Tribunal and appeals - Enforcement of international legal obligation - Selected nuisance caselaw - Factories Act, CPC/CrPC on public nuisance - PLGO, From Rio 1992 to Johannesburg 2002: A Case Study of Implementing Sustainable Development in Pakistan, by Dr. Parvez Hassan and Jawad Hassan - Pakistan Chapter on Environment Law, by Dr. Parvez Hassan - The Rio Declaration, Sections 1-10, PEPA 11 PEPA 2: Enforcement - Sections 11, PEPA - The Environment Samples Rules, Pollution Charge for Industry (Calculation and Collection) Rules, The National Environmental Quality Standards (Self- Monitoring and Reporting by Industry) Rules, Caselaw 12 PEPA 3: The IEE/EIA process - The Polluter Pays Principle - The IEE/EIA process - Section 12 PEPA - Pakistan Environmental Protection Agency (Review of IEE & EIA) Regulations, Case studies 13 PEPA 4: After the 18 th Amendment - Federal Government Rules of Business - Punjab Rules of Business, 2008 What picture do these document paint? Do you agree with this manner in which the Federal Government has undertaken its responsibility to protect the environment Examine issues sector-wise including health, air quality, water quality and availability, agriculture, livestock and social issues. Identify the issues these laws seek to regulate and control. Understand the caselaw on environmental rights developed by the Superior Courts. What were the principles of the Rio Declaration and how did the judiciary ensure that environmental rights were recognized and protected We discuss how much and to what extent PEPA has incorporated the principles of the Rio Declaration into its local law. Students must understand the role played by the Ministry, Departments and EPAs in the overall working of PEPA. Students must be able to critically analyze the effectiveness of PEPA and its institutions. In order to do so, they must come prepared with an understanding of how PEPA works. Students should be able to understand the mechanisms for enforcement and the procedure of enforcement, including the procedure on how to collect samples and pollution charge. Understand the purpose of the IEE/EIA process and the procedure for an IEE or EIA Understand the 18 th Amendment and the role of provincial environment departments and of the Federal
4 14 Public guest lecture: Mr. Nawaz Manek, Deputy Director (Legal & Enforcement, Environment Protection Agency, Punjab) on Environmental Regulation after the 18 th Amendment and the Role of EPAs 15 Mid Term 16 Class Public Interest Environment Litigation Project Discussion 17 Sector Issues: Water 1 - Introduction to water issues - Drinking water - River Ravi Case Study 18 Sector Issues: Water 2 Transboundary water issues - Riparian rights - Indus Waters Treaty - Kabul River 19 Sector Issues: Water 3 Sub-national water issue - Irrigation Department - IRSA - Lahore University of Management Sciences (Environment Department) - Notification re: creation of Green Benches - Punjab Environment Protection (Amendment) Act, National Drinking Water Policy - International Environmental Law, Water and the Future, Hilal Elver, Third World Quarterly (Vol. 27, No. 5, pp , 2006) - The Baghliar Difference, Salman T. Salman (World Bank) - War or Peace on the Indus? John Briscoe - Response by Ramaswamy Iyer - Case Study of the Punjab Irrigation Department, a Consultancy Report by Asrar-ul- Haq for the International Irrigation Management Institute, Lahore, September 1998 (Chapters 1 and 2) - Water Management in the Indus Basin of Pakistan: A Half Century Perspective, James Wescoat, International Journal of Water Resources Development (Volume 16, Issue 3, 2000) - Hydro-politics in Pakistan s Indus Basin, a report by Daanish Mustafa for the US Institute of Peace - Indus Water Accord, 1990 Government after the 18 th Amendment Critically analyze the new legislation in the Punjab and identify challenges faced by other provinces in environment protection Identify current issues and challenges Class will discuss and identify an issue of public importance regarding the environment for which they will all work to prepare a writ petition to be submitted to the Lahore High Court - Identification of issue - Assignment of responsibilities - Laying out of timeline Understanding what a right to water is and would it would imply Understanding basic idea behind water pricing Understand the framework of the Indus Waters Treaty in the context of other international legal instruments Question: On what basis should the waters of the Indus Basin be divided/shared? Identify what the water law of Pakistan is and to identify water rights and regulation mechanism Understanding the pricing of water Trace the history of the Indus Water Accord and the role of IRSA 20 Sector Issues: Urbanization 21 Sector Issues: Waste Management - PLGO, 2001 (powers and Understand the waste-related issues
5 - Case Study of Lahore Waste Management Company (Presentation by MD LWMC) functions of TMAs) - Memorandum & Articles of Association of LWMC - LWMC Services and Management Agreement - Review and Analysis of Current Solid Waste Management Situation in Urban Areas of Pakistan, Mazhar et al, Proccedings of the International Conference on Sustainable Solid Waste Management, Chennai Punjab Solid Waste Management Reform, Final Report for the World Bank, 2007 (Parts I and II) 22 Field Trip: LWMC Dumping Ground Visit to LWMC office and Dumping Ground at Mehmood Booti 23 Sector Issues: Forests 24 Sector Issues: Wildlife 25 PIEL Presentations 26 PIEL Presentations 27 Final Exam Textbook(s)/Supplementary Readings in Lahore and urban areas Study the organizational structure of LWMC and how it has been designed to tackle waste management in Lahore. Understand the interaction of LWMC with local governments: Is this model sustainable/scalable? Course readings will be supplemented through the semester. Supplemental reading is also considered essential reading. Cases discussed in class will be considered required reading. In an effort to reduce the carbon footprint of the class, readings will be made available online (via and on Google Group). Students who wish may obtain a soft copy of the entire reading by requesting the course instructor.
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