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This Compendium of Summaries of Judicial
Decisions in Environment Related Cases was prepared by UNEP following the
SACEP/UNEP/NORAD Symposium on the Role of the Judiciary in Promoting the
Rule of Law in the Area of Sustainable Development, held in Colombo, Sri
Lanka on 4-6 July 1997, and is included herein with the permission of UNEP
COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN
ENVIRONMENT RELATED CASES
(SACEP/UNEP/NORAD Publication Series on Environmental Law and Policy
No. 3)
BANGLADESH
- Bangladesh 1 (agrieved person,
constitutional rights, flood control plan)
- Bangladesh 2 (air pollution, audible
signalling devices, constitutional rights, noise pollution)
- Bangladesh 3 (constitutional
rights, construction of buildings)
- Bangladesh 4 (constitutional
rights, election laws, noise pollution)
INDIA
- India 1 (constitutional rights,
discharge of effluents, ecologically fragile land, flood control plan, Polluter
Pays Principle, water pollution)
- India 2 (ban on import of hazardous
waste/Basel convention, closure of waste handling units)
- India 3 (chemical industrial plants,
constitutional rights, damages, environmental court, Polluter Pays
Principle)
- India 4 (contempt of court, customary
international law, deforestation, environmental protection, role
of courts)
- India 5 (constitutional right
, environment protection fund, Polluter Pays Principle, precautionary
principle
)
- India 6 (balancing environment
and development, Bhopal disaster, constitutional powers)
- India 7 (constitutional rights
, environmental education)
- India 8 (constitutional rights
, fundamental rights, discharge of effluents, public interest,
water pollution)
- India 9 (Bhopal disaster
, civil liability, criminal liability)
- India 10 (air pollution
, fundamental rights, green belt area, water pollution)
- India 11 (Polluter Pays Principle,
water cess act)
- India 12 (Bhopal disaster
, civil proceedings, criminal proceedings, domestication of decree)
- India 13 (wildlife preservation
)
- India 14 (construction of buildings,
development work in public park, ecological imbalance)
- India 15 (Chernobyl disaster,
"Fit for human consumption", radioactive pollution of daily products
)
- India 16 (balancing environment
and development, compensation, constitutional duty of citizens, duties
of the state in regard to environment)
- India 17 (effluent treatment
plants, public interest, water pollution)
- India 18 (fundamental duties,
water pollution)
- India 19 (forest preservation,
green belt area, procedural issues, public interest)
- India 20 (discharge of effluents,
liability of company officers, water pollution)
- India 21 (deforestation
, ecological imbalance, mining operations, public interest
)
- India 22 (chemical industrial
plants, chemical plants closure, environmental court)
- India 23 (act of god, chemical
industrial plants, chemical plants closure, liability of company
officials)
- India 24 (constitutional rights
, compensation, fundamental rights, locus standi)
- India 25 (construction of buildings,
environmental issues, environmental rights, role of the courts
)
- India 26 (disclosure of information,
right to know)
- India 27 (cess, effluent treatment
plants, relevance of environmental treaties in interpretation of States
, water pollution)
- India 28 (noise pollution
)
- India 29 (balancing environment
and development, environmental protection, mining operations
)
- India 30 (dam construction
, earthquakes, threat to life ecology and environment)
- India 31 (constitutional rights
, duties of municipal councils, public nuisance)
PAKISTAN
- Pakistan 1 (constitutional
rights, fundamental rights, mining operations, water pollution
)
- Pakistan 2 (constitutional
rights, dumping of nuclear and industrial waste)
- Pakistan 3 (balancing environment
and development, constitutional rights, electromagnetic fields, grid
stations, land use planning, precautionary principle)
SRI LANKA
- Sri Lanka 1 (noise pollution,
public nuisance)
- Sri Lanka 2 (EIA, feasibility
study)
- Sri Lanka 3 (community complaints,
due process, environmental protection license, noise pollution)
- Sri Lanka 4 (air pollution
, construction of brick kiln, due process, environmental protection
license, right to appeal)
- Sri Lanka 5 (EIA, right to
appeal)
- Sri Lanka 6 (constitutional rights,
fundamental rights, noise pollution, public interest)
- Sri Lanka 7 (standard, public
nuisance)
- Sri Lanka 8 (EIA, class action
, constitutional rights, construction of a highways or expressway)
MALAYSIA (EIA, dam construction,
standing)
PHILIPPINES(balancing environment
and development, constitutional rights, deforestation, enforcement
of rights, intergenerational equity, standing)
AUSTRALIA
- Australia 1 (framework convention
on climate change, greenhouse effect, land and environmental court,
precautionary principle)
- Australia 2 (fauna impact statement
, land and environmental court, precautionary principle )
- Australia 3 (land and environmental
court, wildlife protection)
CANADA
- Canada 1 (environmental protection
, liability of company officials)
- Canada 2 (liability of company
officials)
- Canada 3 (liability of company
officials)
- Canada 4 (transport of dangerous
waste)
- Canada 5 (liability of company
officials, water pollution)
- Canada 6 (liability of company
officials, water pollution)
- Canada 7 (liability of company
officials, transport of dangerous waste)
- Canada 8 (aboriginal claims
, admiralty law, liability of company officials)
- Canada 9 (liability of company
officials, water pollution)
CHILE(environmental protection
, mining operations)
MAURITIUS
KENYA
UNITED STATES
INTERNATIONAL
- International 1 (nuclear disarmament,
threat or use of nuclear weapons)
- International 2 (nuclear weapons
)
- International 3 (legality
of nuclear tests)
- International 4 (legality
of nuclear tests)
- International 5 (fishing zones
)
- International 6 (maritime
traffic, minefields, sovereignty)
- International 7 (duty to refrain
from causing injury to territory, property or persons in another state,
international watercourse and rights to use)
- International 8 (balancing environment
and development, customary international law, dam construction, duty
to refrain from causing injury to territory, property or persons in another
state)
- International 9 (EIA, customary
international law, dam construction, duty to refrain from causing
injury to territory, property or persons in another state, Erga Omnes
, Estoppel)
Appendix- Part A
ENVIRONMENT RELATED EXTRACTS FROM THE CONSTITUTIONS OF SOUTH ASIAN
COUNTRIES (Referred to in the Cases)
Appendix- Part B
ENVIRONMENT RELATED EXTRACTS FROM THE CONSTITUTIONS OF OTHER ASIAN
COUNTRIES
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