CE-333

ENVIRONMENTAL ENGINEERING – II

Lecture 02
International Law

Public International Law, or International Law, is the law between independent states.

International law, the body of legal rules, norms, and standards that apply
between sovereign states and other entities that are legally recognized as
international actors.

The term was coined by the English philosopher Jeremy Bentham (1748–1832).
Treaty

A treaty is a written agreement under the international law, entered by actors in

international law namely states and international organizations

May also be known as (international) agreement, protocol, covenant, convention,

exchange of letters, exchange of notes, memorandum of understanding, etc.
Convention

An agreement between states, sides, or military forces, especially an international

agreement dealing with a specific subject.

Conventions that focus on various issues, for example climate change, stratospheric
ozone layer protection, air quality, chemicals and nature conservation are called
Environmental Conventions.

The conventions are tools for promoting cooperation and the development of
international environmental law and actions.
Protocol

A treaty or international agreement that supplements a previous treaty or

international agreement.

A protocol can amend the previous treaty, or add additional provisions

Conference, Convention, Protocol
Conferences Conventions Protocols
A Conference is a kind of formal A convention is a meeting or A Protocol to the convention is an
consultation or a type of negotiation, gathering when a commonly agreement that diplomatic
it can be on any theme. accepted principle is formulated or negotiators make and sign that
In a conference, the main bodies are discussed. serves as the foundation for a final
set up to hold any additional It is a framework where the parties convention where the parties specify
discussions that may be necessary choose the fundamental particular goals or legal duties.
on the general topic for which the rules/guidelines. Typically, a protocol is called
conference is organized. among the nations that were
signatories of the original
convention when it was signed and
accepted when a significant
provision is to be integrated into the
laws of the convention.
Ratification

The act of giving official sanction or approval to a formal document such as treaty
or constitution
OR
The action of signing or giving formal consent to a treaty, contract, or agreement,
making it officially valid.

It includes the process of adopting an international treaty by the legislature (Law

making), a constitution (the system of fundamental laws and principles), of another
nationally binding document.
Entered into force (Enforcement or Enactment)

It refers to the date and process by which legislation, or part of legislation, comes to
have legal force and effect.
Environmental Legislation and
Regulation
Environmental Legislation and Regulation

• In the 60’s era, developed world like USA, Japan and UK suffered from
environmental problems due to urbanization and industrialization.

• In these countries, the situation of pollution reached to such an alarming level,

which motivated the leaders to prepare legislation related to environment.

• An important warning about environmental degradation is a book “Silent

Spring” by Rachel Carson in 1962, related to the use of pesticides.

• Some scientists warned about climate change due to increased CO2

concentration in the atmosphere due to fuels burning in 1960.
Environmental Legislation and Regulation

• Realizing the importance of Environment in 1969, USA became the pioneer

country to establish the first comprehensive environmental protection law,
known as “National Environmental Policy Act” (NEPA).
• The act was passed because of growing public concerns over the negative effects
of large-scale projects.
• In 1972, the UN Conference on Environment was held in Stockholm, Sweden.
The main objective of this conference was to provide a framework for the
comprehensive consideration of problems facing to the human environment in
the World.
• In USA a number of acts were passed related to Drinking water quality, Water
pollution control, Air quality management , Noise pollution control, solid waste
and hazardous wastes. The purpose of all these legislation were to provide a safe
environment to community.
Environmental Legislation and Regulation

• The first Safe Drinking Water Act was passed in 1974. It was amended in
1996 to further improve the drinking water quality.
• Water Pollution Control Act was passed in 1972, and amended in 1977
known as The clean water act 1977 which stressed on control of water
borne toxic substances and the EPA prepared a list of 127 “priority pollutants“.
• The Air Quality Act was passed in 1967, amended in 1970,1977,1980. 1986
and 1990.
• In 1970 Noise pollution and Abatement Act came into existence.
• Similarly, Resource Conservation and Recovery Act passed in 1976 to
properly handle the hazardous wastes.
Important International Environmental Agreements

Name Year of Establishment Name Year of Establishment

Ramsar Convention 1971 Cartagena Protocol on 2000

Biosafety
Stockholm Convention 2001
UN-REDD 2008
CITES 1973
Nagoya Protocol 2010
Convention on Biological Diversity 1992
COP24 2018
Bonn Convention 1979
COP21 2016
Vienna Convention 1985
Kigali Amendment 2016
Montreal Protocol 1987

Kyoto Protocol 1997 Minamata Convention 2013

United Nations Framework Convention on 1992 Rotterdam Convention 1998

Climate Change (UNFCCC)
COP25 2019
Rio Summit 1992

UNCCD 1994 COP26 2021

Basel Convention 1989 COP27 2022

Environmental
Legislation and
Institutions
in Pakistan
Key Environmental Issues of Pakistan

• Generally, the south Asian countries share the similar economic, social,
cultural contexts, the environmental problems that confront each
are also of a similar nature.

• High population growth

• Increased urbanization
• Decrease in terrestrial and marine biodiversity
A biodiversity, the variety of life found in a place on Earth or, often, the total
variety of life on Earth.
A common measure of this variety, called species richness, is the count of
species in an area.
Key Environmental Issues of Pakistan

• High population growth • Soil Degradation

• Water pollution • Forest Depletion
• Air Pollution • Natural Disaster
• Solid Waste Disposal • Coastal Pollution
• Hazardous waste • Lack of Environment Education
• Biodiversity Loss • Environment Capacity Building
• Land Degradation
Environmental Legislations in Pakistan

• The two pieces of legislation enacted by the Pakistani government that are
intended to provide an overriding legislative framework for environmental issues
are:
• Pakistan Environmental Protection Ordinance 1983
• Pakistan Environmental Protection Act 1997

• The government of Pakistan has established institutional framework to

administer these laws.
• Pakistan Environmental Protection Agencies (PEAPs) to promote the
overriding objectives of conservation, sustainable development and improve
the decision-making process.
• At the federal level the Ministry of Environment is the main institution that deals with
the environment related issues.
• Pakistan Environmental Protection Council (PEPC) formulates the environmental
legislations
• Environmental Protection Agency (EPA) is charged with planning and
implementation duties.

• Environmental tribunals have the capacity to enforce the law and impose appropriate
penalties on those who violate the legislative provisions.
Sectoral Issues, Legislation and Institutions: WATER

• The Pakistan Penal Code, 1860

• Section 277 – Fouling water of public spring or reservoir
• The Canal and Drainage Act, 1873
• On-Farm Water Management and Water Users’ Association Ordinance
• The Punjab Local Government Ordinance, 1979
• Section 59 – Private Source of Water Supply
• Section 61 – Drainage and Sewerage schemes for commercial and industrial area
• The Baluchistan Ground Water Rights Administration Ordinance, 1978
• The Pakistan Environmental Protection Act
• National Quality Standards
Sectoral Issues, Legislation and Institutions: ATMOSPHERE

• The Pakistan Penal Code, 1860

• Section 278 – Making atmosphere noxious to health
• The Motor Vehicle Ordinance, 1965; The Motor Vehicle Rules, 1969
• The West Pakistan Prohibition of Smoking in Cinema Houses Ordinance, 1960
• The Punjab Local Government Ordinance, 1979
• Section 51 – Functions of Zila Council (Environmental Pollution)
• Section 93 – Environmental Pollution
Sectoral Issues, Legislation and Institutions: CHEMICALS &WASTES

• The Factories Act, 1934

• Section 14 – Disposal of Wastes and effluents
• The Punjab Local Government Ordinance, 1979
• Section 51 – Functions of the Zila Council (Drainage)
• Section 54 – Removal, collection & disposal of refuse
• Section 60 – Drainage
• Section 61– Drainage and sewerage schemes for commercial & industrial areas
• Section 67 – Disposal of Carcasses
Sectoral Issues, Legislation and Institutions: CHEMICALS &WASTES

• The Pakistan Environmental Protection Ordinance, 1983

• Section 9 – Agency to assist Local Councils etc., in disposal of wastes
• Section 13 – Prohibition on import of hazardous waste
• Section 14 – Handling of hazardous substances
Sectoral Issues, Legislation and Institutions: FORESTRY

• The Punjab Forest (Sale of Timber Act), 1913

• Section 3 - Power to make rules regulating sale of timbers and the establishment of sale depot.
• The Forests Act, 1927
• Section 3 – Power to reserve forests
• Section 26 – Acts prohibited in such forests
• Section 32 – Power to make rules for protected forests
• Section 33 – Penalties for acts in contravention of notification under section 30 or of rules under section 32
• Section 35 – Protection of forests for special purposes
• Section 52 – Seizure of property liable to confiscation
• Section 63 – Penalty for counterfeiting or defacing marks on trees and timber for altering boundary marks
• Section 70 – Cattle Trespass Act, 1871 to apply
• Section 80 – Management of forests the joint property of government and other persons
Sectoral Issues, Legislation and Institutions: FORESTRY

• The West Pakistan Firewood and Charcoal (Restriction) Act, 1964

• Section 3 – Restriction on burning firewood and charcoal
• Section 4 – Penalty
• Plantation and Maintenance of Trees Act, 1974
• Section 3 – Plantation of trees
• Section 4 – Penalty
• The Cutting of Trees (Prohibition) Act, 1975
• Section – 3 Cutting etc., of trees prohibited
• Section 4 – Penalty
• The NWFP Management of Protected Forests Rules, 1975 [made under the Forest act, 1927]
Sectoral Issues, Legislation and Institutions: FORESTRY

• The Punjab Local Government Ordinance, 1979

• Section 51 – Functions of Zila Council
• The NWFP (Conservation and Exploitation of Certain Forests in Hazar Division) Ordinance, 1980
• Section 3 – Prohibition of private extraction of timber, etc.
• The Agricultural Pesticide Ordinance, 1971
• Section 4 – Pesticides to be registered
Sectoral Issues, Legislation and Institutions: BIODIVERSITY

• The Convention of Biological Diversity (CBD), 1992

• Identifying and monitoring of imp components of biodiversity
• Ratified by the Cabinet in 1994
• The Bonn Convention, 1979
• The convention on conservation of migratory species of wild animals.
• Ratified by the Pakistan in 1987
• The Convention on International Trade in Endangered Species (CITES), 1973
• Cooperation among the signatory countries for protection for certain endangered species of wild
animals and plants to prevent
• Ratified in 1976
• Ramsar Convention, 1971
• The wetlands are given protection under the wildlife laws
• Ratify it in January 1976