Implementating the precautionary principle in environmental legal regime in Pakistan: a comparative study

Abstract

The precautionary principle is a method and approach to tackle issues of probable harm when we lack broad and deep scientific knowledge on the issue.1 It stresses upon precaution, pausing, stopping and review before jumping towards new innovations that may prove devastating. In this research I have discussed generally about environment and issues related to the environment. A general theoretical and subjective discussion and analysis of precautionary principle has also been carried out including its theoretical and historical basis as well as traces in international laws. Inclusion of precautionary principle in Pakistani laws and brief historic background has also been provided in this regard. Elements of precautionary principle have been examined and discussed in length. After careful and critical examination of environmental legal and institutional regimen in Pakistan it has been concluded that the precautionary principle has not been implemented in letter and spirit in Pakistan and it needs to be implemented not only for the sake of environment but for the sake of humanity. The legal framework in Pakistan provides for authority to take precautionary measures and give orders and directions for this purpose but it needs to be strengthened. Pakistan faces issues in EIA comprising of reliability, institutional capacity, human recourse, poor implementation and insufficient institutional support. Pakistan must overcome these issues and lacking to scientifically manage and tackle the environmental issue according to world standard.