Constitutional Environmentalism in Pakistan: Assessing Article 9A in Light of International Climate Obligations

Abstract

In Pakistan, Article 9A was added to the Constitution in 2024, which turned environmental protection from something closely tied to the judicial interpretation of the fundamental rights to life and dignity into an explicit fundamental right of every individual. Using the concept of constitutional environmentalism, this article analyses Article 9Aand places it in the international context of Pakistan's obligations under the United Nations Framework Convention on Climate Change and the Paris Agreement. It contends that the Article 9A is the self-executory and justiciable right comprising substantive protection, obligations to prevent and positive duties, rights of participation, rights of access to justice; non-discrimination; and intergenerational sustainability. International climate commitments do not in and of themselves constitute self-executing domestic rules in Pakistan, but they may guide constitutional interpretation, provide proof of accepted risks, national priorities, official intent, and inform the reasonableness, legality, and good faith with which government action is reviewed. Pakistan has established relevant benchmarks in its nationally determined contribution, adaptation planning and transparency commitments for use of Article 9A while maintaining the differentiation between legally binding domestic obligations, domestically determined non-binding policy commitments, and actions dependent upon international support. This article suggests a coherent compliance framework, and recommendations about legislation, institutional interactions, climate consideration, environmental information, regulatory capacity, adaptation and judicial remedies.