CLIMATE JUSTICE AND RIGHT TO DEVELOPMENT IN INTERNATIONAL ECONOMIC LAW (IEcL): PUBLIC POLICY AND IMPLICATIONS FOR PAKISTAN

Abstract

Human Life cannot be confined only to vegetable or animal survival, but it includes the right to all
amenities and facilities which a person born in a free state is entitled to enjoy with due respect and
human dignity. The jurisprudence on right to life inter-alia includes living in a pollution free
atmosphere which is not hazardous to human health. The International Economical Law (IEcL)
regulates the international trade and environmental issues among the states, and promotes human
development, subject to the preservation and protection of environment. World Trade Organization
(WTO) is the central pillar of IEcL; the charter of WTO promotes and protects the environment and
human life. In this contextual perspective, climate justice has a close nexus with human rights and
development. The Constitution of Pakistan provides the preservation and protection to environment
as a fundamental right. The courts in Pakistan are vigilant on the enforcement of this right. The case
law research reflects the attitude of the Courts in positive dimension in Imrana Tiwana Case (2016),
and Maple Leaf Case, (2018), where the Court developed jurisprudence on the climate justice and
observed that, “Time has come to move on to climate justice which is an amalgamation of the
constitutional principles and climate justice should be at center stage in the scheme of Constitutional
rights.” Therefore, there is a dire need to develop a climate friendly and a climate resilient
development practice for different sectors of the economy to meet Pakistan’s responsibilities under
the WTO laws.