AbstractDeveloping countries play a key role in the delivery of the objectives of international environmental treaty agreements and law. Pakistan is undergoing major industrial expansion and this study seeks to explore and evaluate Pakistan’s environmental legislation, protection, enforcement, regulatory powers and its use in existing environmental law. A comparative study of Environmental Law over voluntary regulatory schemes such as Self Monitoring & Reporting Tool (SMART), Eco-Management and Audit Scheme (EMAS), Environmental Management System (EMS), and ISO 14001 between UK, European Union and Pakistan has been carried out to identify similarities and differences in legislation and enforcement. Devolving responsibilities to divisions and directors leads this research to explore the new regulatory theory in the light of classic governmental move to separate a complex issue from itself. This study has added to the better understanding of legal regulatory theory in developing world situations where insufficient financial resources demands voluntary regulatory schemes to work effectively. This research has intended to help and guide the Pakistan government in implementing the modern mechanism of environmental law currently used in UK and European Union and to lead Pakistan towards the formulation of compliant law for effective monitoring, enforcement and the protection of environment.
It has been observed that the right law on its own is not enough unless it is well accepted, developed by the society and legalised by the legislature. Furthermore the only idea of enforcement of law is not successful unless it is popular in the society, recommended by the courts and help to improve the standard of living. Environmental legislation is considered as a bar on the economic development and the tendency to avoid the compliance is more frequent than the enforcement of any other law, which requires the involvement of environmental institutions with in the society to develop the understanding and acceptability of laws.
Self-Regulations can play an important role to address the issues of financial inabilities, corruptions, legal enforcement and the development of environmental situation in Pakistan by acting upon the key conclusions and recommendation of this research.
|Date of Award||Sep 2012|