Development of Environmental Law in Bangladesh Essay

1. Development of environsal legality at the Global Level The Agenda 21 of United Nations traffic pattern of on Environment and Development (UNCED) in its Chapter 8, 38 and 39 express on the remove to develop capacity in the legal and institutional beas for sustainable study in developing countries. Chapter 8.13 of the Agenda noted that laws and regulations desirable to country-specific conditions are among the most important instruments for transforming surroundings and development into action. Legal deed on environment became necessary due to increased incidents of environmental degradation, unsustainable exploitation of intrinsic resources, activities of vicinityal and inter national organizations (multilateral financial agencies and bilateral donor organization.)The ball-shaped trend of environmental law making suggests three eras of legal development with clear characteristics. The laws adopted in the post Stockholm Era were substance abuse-oriented. These were na tural resource laws dealing with management of land, forests, water, minerals, wildlife, fisheries and so on and had incidental environmental significance. The primary concerns of these laws were allocation and exploitation of the natural resources rather than sustainable use and management.In the second phase, resource oriented, anti- befoulment laws were being adopted that basically aimed at long-term management and sustainable use of natural resources. In the third phase, the laws were more system oriented that aimed at integrated readying and management of the environment on the basis of all embracing ecologic policies and environmental management programs. At the Global level, miscellaneous(a) international conventions, treaties, protocols similarly contributed significantly in fostering the development of environmental law making.2. developing of environmental natural laws at the National Level Following the global trend, various nations of the world moved in updating t heir environmental legal regimen either through adoption of new * Syeda Rizwana Hasan, Executive Director, Bangladesh Environmental Lawyers sleeper (BELA).2 91&2 (2005) Bangladesh Journal of Law laws or amending the existing ones. The development of the environmental legal regime at the national level shows the following trends a. Crystallization of Environmental Issues in Constitution As many as 106 countries of the world take for incorporated environment connect provisions in their Constitution. While some of the state constitutions control mentioned environment in the preamble, others have opted to mention environment either as in effect(p) or duty or as a matter of world interest.b. Evolution of Right to Environment in Cases In some region/countries, development of environmental laws has been greatly affected by case laws. For example, in India and Bangladesh the skilfuls to life of the Constitutions have been interpreted by the judiciary as including right to sound envi ronment. M C Mehta vs. Union of India (AIR 1987 SC 985) AIR 1992 Kant 57.c. Incorporating Environment in Policy Documents In most cases, the policy regime has been more mobile in incorporation of environmental thoughts than the legal arena. Most of the policy documents in Bangladesh being more recent documents have incorporated many continuous tense notions and values including environment whereas no single law still gives monotonic right to a clean environment. d. More Comprehensive Coverage of Environmental IssuesLegal development on environment has not remained limited to pollution or conservation goals only. Rather the broader dimensions of environmental issues have been recognized and various methods have been suggested to ensure achievement of legal allegiance and monitoring. Laws of many countries have required and laid down procedure for dispute settlement, environmental uphold assessment (EIA), environmental quality standard, education and information.e. Use of Economi c Instruments For balancing the conflicting demands of economical development and environment, new principles have emerged in the economic sector to operate the notions of tax incentives, user pays, environment funds and so on.f. Provision for Public Participation and Review As with democracy, in environmental governance also participation of all stakeholders concerned is essential. In a good number of countries, Application and Reform Needs of the Environmental Law in BD 3 environmental decision making process has been modulate in a manner to ensure participation of those likely to be affected by the decision. g. Recognition of International NormsIn some cases countries have shown respect to international environmental laws and to ensure that there global commitment is not frustrated and have adopted domestic laws that promote much(prenominal) commitments. Changes in legal regime, though an important step forward, cannot itself ensure compliance. Hence, the need for effective c oordination of environment management, establishment of institutions to administer the laws and mechanism for facilitating compliance has been every bit emphasized in countries that have gone for more responsive environmental legal regime.3. Environmental Laws in BangladeshIt was thought once that the existing laws of Bangladesh are too inadequate to be worked with environment. But when the work on environment was started, existing laws were found to be operative. The reason may be that the comparable law can be interpreted in different ship canal in different perspectives. A writ petition was filed by BELA (Bangladesh Environmental Lawyers Association) relating to Locus Standi of Article 102 of the Constitution of Bangladesh and because of the progressive interpretation given by the Supreme Court of Bangladesh the concept of Public Interest Litigation (PIL) is judicially recognized in our country. Although Article 102 has been in our Constitution since 1972, this provision was not interpreted in such a progressive way before. in that location would be lacuna in the interpretation of law if we remain unlearned ab go forth the standpoint of environmental movement in Bangladesh. Environment came out to be an important topic here after the devastating submerge of 1987 and 1988. In order to control the flood situation the Government of Bangladesh undertook a Flood Control Project with the aid of donor agencies. In position the environmental movement in Bangladesh started centering that development project. Some NGOs, which were working on environment separately, found that there would be irreparable hurt to the environment if the above project namely Flood Action devise was allowed to continue.Those NGOs assembled to establish a platform by the name Life disposed(p) Environmental Activist Forum. Environmental movement commenced privately from that forum. On the other hand in the Governmental level the Ministry of Environment and afforest was formed and inc identally both Governmental and Non-Governmental initiative began together.