Asian Research Thesis Index

Abstract

Pakistan is a Federation where powers are distributed between the Federal Government and Governments of the Provinces. The Federal Government has the authority to deal with implementation of international environmental conventions. The Federal Government, while exercising the said authority, has ratified a number of international environmental conventions. In 2010, an Amendment was made to the Constitution of Islamic Republic of Pakistan, 1973, whereby, the subject of environment, pollution and ecology were transferred to the Provinces. This situation gave rise to fundamental questions relating to the competence of the Federal Government to implement obligations under international environmental conventions ratified from time to time. The fundamental questions include the questions as to how the Federal Government will make compliance of international environmental conventions where the subjects of environment fall within the Provincial Jurisdiction, what is nature of relationship between the Federal and the Provincial Governments in the context of environment, have the laws of the Province of Khyber Pakhtunkhwa been modified in accordance with the international environmental conventions, and what is the structure of governance in environmental matters. These questions are analyzed in the thesis with reference to international environmental conventions, national policies and plans, the Constitution of Islamic Republic of Pakistan, 1973, and statutory laws of the Province of Khyber Pakhtunkhwa. The thesis contains seven Chapters. Chapter 1 is about introduction of the thesis where the issue is formulated along with identification of research question, justification of the study, objectives and methodology. Chapter 2 identifies various international environmental conventions which have been ratified by the Federal Government. The nature of commitments of the international environmental conventions is discussed for the purpose of identification of the contents of such conventions. It is attempted to locate in this Chapter the contents of many of the international environmental conventions which fall within the Provincial jurisdictions for compliance by way of legislative and administrative measures. Chapter 3 discusses the Federal Government, and its relations with Provincial Government in light of the various constitutions of the country. In this Chapter the divisions of legislative powers between the Federal Government and the Provincial Governments are analyzed in the context of environmental obligations, particularly, the developments after Eighteenth Amendment to the Constitution of Islamic Republic of Pakistan, 1973. The Chapter flags constitutional gaps between relations of Federal and Provincial Government in matters pertaining to implementation of international environmental conventions. Chapter 4 identifies and discusses laws on natural resources of the Government of Khyber Pakhtunkhwa, as mostly, natural resources, for legislative and administrative purposes, are the domain of Provincial Governments. The laws on natural resources are found to have not been modified in accordance with international environmental conventions and the national policies on environmental subjects, where recommendations of administrative and legislative measures are provided by the Federal Government. Chapter 5 identifies and analyzes laws of Khyber Pakhtunkhwa in different sectors relevant to environment. The laws on sectors relevant to environment are not amended to respond to international environmental conventions which are ratified by the Federal Government. This Chapter has also compared the environmental law of Khyber Pakhtunkhwa with the law of the Federal Government, and pinpoint the strengths and weaknesses of the environmental law of Khyber Pakhtunkhwa. Chapter 6 discusses the governance and administrative structures given in the Constitution of Islamic Republic of Paksitan, 1973, the Federal Rules of Business, 1973, the Khyber Pakhtunkhwa Government Rules of Business, 1985, the Khyber Pakhtunkhwa Local Government Act, 2014, and statutory bodies mentioned in various laws of Khyber Pakhtunkhwa relevant to environment. It discovers gaps and overlaps in above referred laws in relation to environmental governance and management. Chapter 7, which is a concluding Chapter, gives findings of the thesis, and suggests recommendations for implementation of international environmental conventions in Provincial domains with reference to the Province of Khyber Pakhtunkhwa. The recommendations include amendments in the Constitution of Islamic Republic of Pakistan, 1973, modifications in the laws on governance, and reconsideration of laws of Khyber Pakhtunkhwa for assimilation of international environmental conventions.

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