LAW HANDOUTS
The Stockholm Declaration
The Stockholm Declaration—formally known as the Declaration of the United Nations
Conference on the Human Environment—was adopted at the 1972 UN Conference in
Stockholm. It was the first major international document to recognize the importance of
environmental protection as a global issue. The declaration contains a preamble and 26
principles that lay the foundation for modern environmental law and policy.
Principles States the common conviction that:
1. Right to a Healthy Environment:
Humans have the fundamental right to freedom, equality, and adequate conditions of
life in an environment that permits a life of dignity and well-being. They bear a solemn
responsibility to protect and improve the environment for present and future
generations. Policies promoting or perpetuating apartheid, racial segregation,
discrimination, colonial and other forms of oppression and foreign domination are
condemned and must be eliminated.
2. Safeguarding Natural Resources:
The earth’s natural resources—including air, water, land, flora, fauna, and
representative samples of natural ecosystems—must be safeguarded for the benefit
of present and future generations through careful planning or management.
3. Preservation of Renewable Resources:
The capacity of the earth to produce vital renewable resources must be maintained
and, wherever practicable, restored or improved.
4. Wildlife and Habitat Conservation:
Humans have a special responsibility to safeguard and wisely manage the heritage of
wildlife and its habitat, which are gravely imperilled. Nature conservation, including
wildlife, must therefore receive importance in planning for economic development.
1
LAW HANDOUTS
5. Non-renewable Resources:
Non-renewable resources must be employed in such a way as to guard against the
danger of their future exhaustion and to ensure that benefits from such employment
are shared by all mankind.
6. Prevention of Pollution:
Discharge of toxic substances or other substances and the release of heat, in such
quantities or concentrations as to exceed the capacity of the environment to render
them harmless, must be halted to ensure that serious or irreversible damage is not
inflicted upon ecosystems.
7. Marine Pollution:
States shall take all possible steps to prevent pollution of the seas by substances that
create hazards to human health, harm living resources and marine life, damage
amenities, or interfere with other legitimate uses of the sea.
8. Economic and Social Development:
Economic and social development is essential for ensuring a favourable living and
working environment for humans and for creating conditions on earth that are
necessary for the improvement of the quality of life.
9. Support for Developing Countries:
Environmental deficiencies generated by underdevelopment and natural disasters
pose grave problems and can best be remedied by accelerated development through
the transfer of substantial quantities of financial and technological assistance.
10. Integration of Environment and Development:
For developing countries, environmental policies must not hamper development
programs but should enhance development. The same applies to developed
countries.
2
LAW HANDOUTS
11. Financial and Technological Assistance:
The environmental policies of all countries should enhance and not adversely affect
the present or future development potential of developing countries, nor should they
hinder the attainment of better living conditions for all.
12. Environmental Education:
Resources should be made available to preserve and improve the environment, taking
into account the circumstances and particular requirements of developing countries,
and any costs that may emanate from their incorporation of environmental safeguards
into their development planning.
13. Rational Management of Resources:
States should adopt an integrated and coordinated approach to their development
planning so as to ensure that development is compatible with the need to protect and
improve the environment.
14. Rational Planning:
Rational planning constitutes an essential tool for reconciling any conflict between the
needs of development and the need to protect and improve the environment.
15. Human Settlements and Urbanization:
Planning of human settlements must be pursued so as to avoid adverse effects on the
environment and to obtain maximum social, economic, and environmental benefits for
all.
16. Population Policies:
Demographic policies that are consistent with the freedom and dignity of the individual
should be adopted by governments to ensure a harmonious balance between
population and resources.
3
LAW HANDOUTS
17. National Institutions:
Appropriate national institutions must be entrusted with the task of planning,
managing, or controlling the environmental resources of countries.
18. Science and Technology:
Science and technology, as part of their contribution to economic and social
development, must be applied to the identification, avoidance, and control of
environmental risks and the solution of environmental problems.
19. Environmental Research and Development:
Education in environmental matters, for the younger generation as well as adults,
giving due consideration to the underprivileged, is essential in order to broaden the
basis for an enlightened opinion and responsible conduct by individuals, enterprises,
and communities in protecting and improving the environment.
20. Information Exchange:
Scientific research and development in the context of environmental problems, both
national and multinational, must be promoted in all countries, especially developing
countries.
21. Sovereignty and Responsibility:
States have, in accordance with the Charter of the United Nations and the principles
of international law, the sovereign right to exploit their own resources pursuant to their
own environmental policies, and the responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other States or of
areas beyond the limits of national jurisdiction.
22. International Liability:
States shall cooperate to develop further the international law regarding liability and
compensation for the victims of pollution and other environmental damage caused by
activities within the jurisdiction or control of such States to areas beyond their
jurisdiction.
4
LAW HANDOUTS
23. Adaptation to National Contexts:
Without prejudice to such criteria as may be agreed upon by the international
community, it will be essential in all cases to consider the systems of values prevailing
in each country and the extent of the applicability of standards which are valid for the
most advanced countries but which may be inappropriate and of unwarranted social
cost for the developing countries.
24. International Cooperation:
International matters concerning the protection and improvement of the environment
should be handled in a cooperative spirit by all countries, big and small, on an equal
footing.
25. Coordination of Action:
States shall ensure that international organizations play a coordinated, efficient, and
dynamic role for the protection and improvement of the environment.
26. Nuclear Weapons Ban:
Nuclear weapons and all other means of mass destruction must be eliminated in order
to ensure the preservation of the environment and to prevent environmental damage.
5
LAW HANDOUTS
Environmental Litigation and Case Law
Environment litigation refers to legal actions taken to enforce environmental laws,
protect natural resources, and uphold environmental rights. It often involves public
interest litigation, where courts are asked to intervene in matters affecting the
environment and public health. Environmental litigation involves legal cases related to
environmental issues, and case law refers to the body of court decisions that form the
legal precedents for these cases.
Environmental litigation in Pakistan has evolved significantly over the past few decades,
largely due to proactive judicial activism, especially by the Supreme Court and High
Courts, which have interpreted the right to life under Article 9 of the Constitution to
include the right to a clean and healthy environment.
Legal Framework and Institutions
• Environmental litigation in Pakistan is primarily governed by the Pakistan
Environmental Protection Act (PEPA), 1997, which provides the basis for
environmental regulation and enforcement.
• Under PEPA, Environmental Protection Tribunals have been established in
major cities (Lahore, Karachi, Peshawar, Quetta) to hear complaints and appeals
related to environmental issues. These tribunals have authority to enforce
environmental laws and impose penalties on polluters.
• The Constitution of Pakistan (1973) does not explicitly mention environmental
rights but fundamental rights such as the right to life (Article 9) and the right to a
clean environment (interpreted under Article 14) have been judicially expanded to
include environmental protection.
1
LAW HANDOUTS
Environmental Case Laws in Pakistan:
1. Shehla Zia v. WAPDA (1994) – [PLD 1994 SC 693]
• Issue: Construction of a high-voltage grid station near residential areas.
• Ruling: The Supreme Court held that the right to life includes the right to a
healthy environment.
• Significance: First case in Pakistan linking environmental protection to
fundamental rights.
2. Human Rights Case (Sindh Industrial Pollution) (1996)
• Issue: Pollution in the coastal areas due to untreated industrial waste.
• Ruling: The Supreme Court directed authorities to take remedial action and
ensure monitoring.
• Significance: Emphasized the government’s duty to protect the environment.
3. General Secretary, West Pakistan Salt Miners Labour Union v. DG EPA (1994)
• Issue: Salt mining in the Khewra mines causing environmental harm.
• Ruling: Court allowed the union’s standing and held environmental protection as
part of public interest litigation.
4. Residents of Islamabad v. CDA (Murree Hills Cutting Case)
• Issue: Unchecked deforestation and hill-cutting in Murree.
• Ruling: Court stopped illegal construction and ordered environmental restoration.
• Significance: Showed judicial enforcement of sustainable development.
5. Imrana Tiwana v. Province of Punjab (2015)
• Issue: Orange Line Metro Train Project threatening heritage sites and causing
environmental degradation.
2
LAW HANDOUTS
• Ruling: Court allowed the project with strict environmental safeguards and
monitoring.
• Significance: Balanced development with environmental preservation
Judicial Approach and Principles
• Pakistani courts have increasingly recognized the right to a clean and healthy
environment as part of the fundamental right to life and dignity.
• Courts apply international environmental principles such as the precautionary
principle, polluter pays principle, sustainable development, and public trust
doctrine in their rulings.
• Public Interest Litigation (PIL) is a common tool used by citizens and NGOs to hold
government and private entities accountable for environmental harm.
3
Law handouts
The Convention on International Trade in Endangered Species of Wild Fauna and Flora
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
is an agreement between countries to regulate the international trade of endangered plants and
animals. The Convention on International Trade in Endangered Species of Wild Fauna and Flora,
is a multilateral treaty aimed at regulating international trade in wild animals and plants to ensure
their survival. It was drafted in response to concerns about the over-exploitation of wildlife through
international trade, which threatened the survival of many species.
CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of IUCN
(The World Conservation Union). The text of the Convention was finally agreed at a meeting of
representatives of 80 countries in Washington, D.C., United States of America, on 3 March 1973,
and on 1 July 1975 CITES entered in force. The original of the Convention was deposited with the
Depositary Government in the English, French and Spanish languages, each version being equally
authentic. The Convention is also available in Chinese and Russian.
The need for CITES
Widespread information about the endangered status of many prominent species, such as the tiger
and elephants, might make the need for such a convention seem obvious. Annually, international
wildlife trade is estimated to be worth billions of dollars and to include hundreds of millions of
plant and animal specimens. The trade is diverse, ranging from live animals and plants to a vast
array of wildlife products derived from them, including food products, exotic leather goods,
wooden musical instruments, timber, tourist curios and medicines. Levels of exploitation of some
animal and plant species are high and the trade in them, together with other factors, such as habitat
loss, is capable of heavily depleting their populations and even bringing some species close to
extinction. Many wildlife species in trade are not endangered, but the existence of an agreement
to ensure the sustainability of the trade is important in order to safeguard these resources for the
future.
Because the trade in wild animals and plants crosses borders between countries, the effort to
regulate it requires international cooperation to safeguard certain species from over-exploitation.
CITES was conceived in the spirit of such cooperation. Today, it accords varying degrees of
1
Law handouts
protection to more than 40,000 species of animals and plants, whether they are traded as live
specimens, fur coats or dried herbs.
Parties of the Convention
CITES is an international agreement to which States and regional economic integration
organizations adhere voluntarily. States that have agreed to be bound by the Convention ('joined'
CITES) are known as Parties. Although CITES is legally binding on the Parties – in other words
they have to implement the Convention – it does not take the place of national laws. Rather it
provides a framework to be respected by each Party, which has to adopt its own domestic
legislation to ensure that CITES is implemented at the national level. For many years CITES has
been among the conservation agreements with the largest membership, with now 185 Parties.
CITES uses a system of appendices to categorize species based on their conservation status:
• Appendix I: CITES Appendix I includes species that are threatened with extinction
and are or may be affected by trade. These species are considered to be the most
endangered among those listed by CITES. Trade in species listed in Appendix I is
strictly regulated and generally prohibited except in exceptional circumstances,
such as for scientific research or conservation programs, and only with the
appropriate permits.
Appendix I includes a wide range of animals and plants, such as certain species of birds, mammals,
reptiles, and plants. Examples include:
• Many species of parrots, such as Amazona spp.
• Large cats like Panthera leo persica and Panthera onca
• Certain species of crocodiles and turtles
• Plants like Ceratozamia spp. and Pachypodium spp.12.
Trade Restrictions: Trade in Appendix I species is heavily restricted. Export and import permits
are required for any trade, and these are only issued if the trade is not detrimental to the survival
of the species and is for purposes such as scientific research or conservation.
2
Law handouts
The inclusion of species in Appendix I promotes international cooperation to protect these species.
Countries work together to monitor trade, enforce regulations, and support conservation programs.
Appendix II: CITES Appendix II includes species that are not necessarily threatened with
extinction at present but may become so unless trade is regulated. This appendix lists over 38,000
species, including animals and plants, to ensure that international trade does not threaten their
survival.
Species Included: Appendix II includes a wide variety of species such as:
Many species of birds, like Anas bernieri and Anas formosa. Reptiles, including Ambystoma
mexicanum and Batagur spp. Fish, such as Alopias spp. and Carcharodon carcharias. Plants,
like Aniba rosaeodora and Dalbergia spp. (except those in Appendix I).
Mammals,including Canis lupus (except certain populations) and Gazella spp..
Trade Regulations: Trade in Appendix II species requires permits to ensure that it is not
detrimental to the survival of the species. Exporting countries must issue permits only if the export
will not harm the species' survival in the wild, and importing countries must ensure that the import
is authorized.
Appendix III: Species subject to domestic regulation by a party requesting international
cooperation to control trade.
How to list a species on CITES
The CoP has agreed on a set of biological and trade criteria to help determine whether a species
should be included in Appendices I or II.
• At each regular meeting of the CoP, Parties submit proposals based on those criteria to amend
Appendices I or II. The amendment proposals are discussed and then adopted by consensus or, if
a vote is required, by a 2/3 majority.
• For Appendix III a Party may request listing unilaterally at any time, without presentation of a
detailed proposal or the approval of CoP.
3
Law handouts
• Differences Between Appendix I and Appendix II Protections under CITES
Feature Appendix I Appendix II
Species are threatened with Species are not currently threatened with
Conservation extinction and are or may be affected extinction but may become so unless trade
Status by trade. is regulated.
Commercial trade is prohibited, Regulated trade is allowed with an export
Trade except in exceptional cases (e.g., permit to ensure sustainability; no import
Restrictions scientific research). permit required.
Both an export permit and an import Only an export permit (or re-export
Permits permit are required for any trade, even certificate) is required; no import permit is
Required for non-commercial purposes. needed unless stricter national laws apply.
Trade is allowed only for non- Trade is allowed for commercial purposes,
Purpose of commercial purposes, such as provided it does not harm the species'
Trade scientific research or captive breeding. survival in the wild.
Examples of Tigers, gorillas, rhinos, and certain Sharks, polar bears, lions, cacti, and many
Species populations of elephants. timber species (e.g., rosewood).
4
Law handouts
• Permits and Certificates: Trade in CITES-listed species requires permits and certificates
issued by national authorities, ensuring that trade does not harm species survival.
• Conference of the Parties (CoP): The CoP meets regularly to review implementation,
amend appendices, and make decisions on species protection
CITES and Pakistan
Pakistan is a signatory to the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES). CITES is an intergovernmental treaty that aims to prevent the
unsustainable trade of wild animals and plants.
How does Pakistan implement CITES?
• Pakistan has legislation to implement CITES, including the Pakistan Trade Control of Wild
Fauna and Flora Act of 2012.
• The Ministry of Climate Change & Environmental Coordination, along with the Wildlife
Departments of Provinces and Pakistan Customs, regulate the import and export of wild
animals and plants.
Implementation and Enforcement
• CITES Management Authority: The Ministry of Climate Change serves as the CITES
Management Authority in Pakistan, coordinating policy-making and implementation with
stakeholders.
• Enforcement Measures: Pakistan has established mechanisms for enforcing CITES
regulations, including permit systems, inspections, and anti-smuggling operations.
Species Listed Under CITES
What are some endangered species in Pakistan?
• The finless porpoise, which is often caught in fishing nets along the coasts of Pakistan
• The Burrowing vole, which is endemic to the Kashmir and Khyber Pakhtunkhwa regions
Appendix III Listings: Pakistan has listed species such as the Siberian ibex and chinkara under
Appendix III to gain international cooperation in regulating trade.
5
Law handouts
Indian rhinoceros, Asian elephant, Asiatic lion, Asiatic cheetah, Bengal tiger, Barasingha, Indian
wild ass, and Kashmir stag.
International Cooperation
• Regional Networks: Pakistan is part of the South Asia Wildlife Enforcement Network
(SAWEN), which facilitates regional cooperation in combating wildlife crime.
