Development of Environmental Law in Bangladesh Essay

1. Development of purlieual profound philosophy at the Global Level The docket 21 of United Nations Convention of on Environment and Development (UNCED) in its Chapter 8, 38 and 39 emphasized on the consider to develop capacity in the healthy and institutional areas for sustainable reading in developing countries. Chapter 8.13 of the Agenda noned that righteousnesss and regulations meet to country-specific conditions are among the most important instruments for transforming surroundings and victimization into action. Legal enactment on surround became necessary due to increase incidents of purlieual degradation, unsustainable exploitation of natural imagerys, activities of regional and international organizations (multilateral financial agencies and bilateral conferrer organization.)The global trend of surroundingsal law qualification suggests three eras of sub judice development with clear characteristics. The laws adopted in the bet Stockholm Era were use-orient ed. These were natural resource laws dealing with management of land, forests, water, minerals, wildlife, fisheries and so on and had incidental purlieual significance. The primary c at one timerns of these laws were assignation and exploitation of the natural resources rather than sustainable use and management.In the second phase, resource oriented, anti- taint laws were being adopted that essentially aimed at long-term management and sustainable use of natural resources. In the trio phase, the laws were more than system oriented that aimed at integrated planning and management of the environment on the basis of all encompass ecological policies and environmental management programs. At the Global aim, various international conventions, treaties, protocols in addition contributed significantly in fostering the development of environmental law making.2. Evolution of Environmental Laws at the National Level succeeding(a) the global trend, various nations of the world move in updating their environmental heavy regime either through bridal of newfangled * Syeda Rizwana Hasan, Executive Director, Bangladesh Environmental Lawyers sleeper (BELA).2 91& deoxyadenosine monophosphate2 (2005) Bangladesh Journal of Law laws or amending the existing ones. The development of the environmental legitimate regime at the national level shows the following trends a. Crystallization of Environmental Issues in Constitution As many as 106 countries of the world arrive at incorporated environment related provisions in their Constitution. piece slightly of the state constitutions pass on mentioned environment in the preamble, others return opted to mention environment either as right or duty or as a matter of public interest.b. Evolution of ripe 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 rights to life of the Constitutions have been interpr et by the judiciary as including right to croak environment. M C Mehta vs. Union of India ( job 1987 SC 985) AIR 1992 Kant 57.c. Incorporating Environment in Policy Documents In most cases, the policy regime has been more prompt in incorporation of environmental thoughts than the legal arena. Most of the policy documents in Bangladesh being more recent documents have incorporated many industrial notions and set including environment w here(predicate)as no single law still gives unconditional right to a clean environment. d. More Comprehensive reportage of Environmental IssuesLegal development on environment has not persist ined limited to pollution or conservation goals only. Rather the broader dimensions of environmental issues have been recognized and various methods have been suggested to meet achievement of legal dedication and monitoring. Laws of many countries have required and set down procedure for dispute settlement, environmental impact assessment (EIA), environment al fibre standard, education and information.e. Use of Economic Instruments For equilibrise the conflicting demands of economic development and environment, new principles have emerged in the economic sphere 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 troth of all stakeholders concerned is essential. In a good number of countries, Application and repossess Needs of the Environmental Law in BD 3 environmental decision making process has been regulated in a manner to come across participation of those apt(predicate) to be affected by the decision. g. cognizance of International NormsIn some cases countries have shown respect to international environmental laws and to ensure that at that place global commitment is not frustrated and have adopted interior(prenominal) laws that promote such commitments. Changes in legal regime, though an impo rtant step forward, cannot itself ensure compliance. Hence, the need for effective coordination of environment management, system of institutions to administer the laws and mechanism for facilitating compliance has been evenly emphasized in countries that have departed for more responsive environmental legal regime.3. Environmental Laws in Bangladesh It was thought once that the existing laws of Bangladesh are too little 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 kindred law can be construe in different ways in different perspectives. A writ predication was filed by BELA (Bangladesh Environmental Lawyers Association) relating to Locus Standi of name 102 of the Constitution of Bangladesh and because of the progressive interpretation condition by the Supreme Court of Bangladesh the judgment of Public Interest Litigation (PIL) is judicially recognized in our country. Alth ough Article 102 has been in our Constitution since 1972, this provision was not interpreted in such a progressive way before.There would be cofferdam in the interpretation of law if we remain unenlightened ab aside the standpoint of environmental movement in Bangladesh. Environment came out to be an important topic here after the devastating flood of 1987 and 1988. In order to control the flood dapple the Government of Bangladesh undertook a stuff ascertain Project with the aid of donor agencies. In fact the environmental movement in Bangladesh started centering that development project. Some NGOs, which were functional on environment separately, found that there would be irreparable loss to the environment if the above project namely Flood Action Plan was allowed to continue.Those NGOs assembled to establish a platform by the name biography Minded Environmental Activist assemblage. Environmental movement commenced privately from that forum. On the other hand in the governme ntal level the Ministry of Environment and Forest was create and incidentally both Governmental and Non-Governmental maiden began together.