1. Development of Environmental Law at the Global Level The Agenda 21 of United Nations Convention of on Environment and Development ( UNCED ) in its Chapter 8. 38 and 39 emphasized on the demand to develop capacity in the legal and institutional countries for sustainable development in developing states. Chapter 8. 13 of the Agenda noted that Torahs and ordinances suited to country-specific conditions are among the most of import instruments for transforming environment and development into action. Legal passage on environment became necessary due to increased incidents of environmental debasement. unsustainable development of natural resources. activities of regional and international organisations ( many-sided fiscal bureaus and bilateral giver organization. )
The planetary tendency of environmental jurisprudence doing suggests three epochs of legal development with clear features. The Torahs adopted in the station Stockholm Era were ‘use-oriented’ . These were natural resource Torahs covering with direction of land. woods. H2O. minerals. wildlife. piscaries and so on and had incidental environmental significance. The primary concerns of these Torahs were allotment and development of the natural resources instead than sustainable usage and direction.
In the 2nd stage. ‘resource oriented’ . ‘anti-pollution’ Torahs were being adopted that fundamentally aimed at long-run direction and sustainable usage of natural resources. In the 3rd stage. the Torahs were more ‘system oriented’ that aimed at incorporate planning and direction of the environment on the footing of all encompassing ecological policies and environmental direction plans. At the Global degree. assorted international conventions. pacts. protocols besides contributed significantly in furthering the development of environmental jurisprudence devising.
2. Development of Environmental Laws at the National Level Following the planetary tendency. assorted states of the universe moved in updating their environmental legal government either through acceptance of new * Syeda Rizwana Hasan. Executive Director. Bangladesh Environmental Lawyers’ Association ( BELA ) .
2 9:1 & A ; 2 ( 2005 ) Bangladesh Journal of Law Torahs or amending the bing 1s. The development of the environmental legal government at the national degree shows the undermentioned tendencies: a. Crystallization of Environmental Issues in Constitution As many as 106 states of the universe have incorporated environment related commissariats in their Fundamental law. While some of the province fundamental laws have mentioned environment in the preamble. others have opted to advert environment either as right or responsibility or as a affair of public involvement.
b. Evolution of Right to Environment in Cases In some region/countries. development of environmental Torahs has been greatly affected by instance Torahs. For illustration. in India and Bangladesh the rights to life of the Fundamental laws have been interpreted by the bench as including right to sound environment. [ M C Mehta vs. Union of India ( AIR 1987 SC 985 ) ; AIR 1992 Kant 57 ] .
c. Incorporating Environment in Policy Documents In most instances. the policy government has been more prompt in incorporation of environmental ideas than the legal sphere. Most of the policy paperss in Bangladesh being more recent paperss have incorporated many progressive impressions and values including environment whereas no individual jurisprudence still gives unconditioned right to a clean environment. d. More Comprehensive Coverage of Environmental Issues
Legal development on environment has non remained limited to pollution or preservation ends merely. Rather the broader dimensions of environmental issues have been recognized and assorted methods have been suggested to guarantee accomplishment of legal committedness and monitoring. Laws of many states have required and laid down process for difference colony. environmental impact appraisal ( EIA ) . environmental choice criterion. instruction and information.
e. Use of Economic Instruments For equilibrating the conflicting demands of economic development and environment. new rules have emerged in the economic sector to run the impressions of revenue enhancement inducements. user wages. environment financess and so on.
f. Provision for Public Participation and Review As with democracy. in environmental administration besides engagement of all stakeholders concerned is indispensable. In a good figure of states. Application and Reform Needs of the Environmental Law in BD 3 environmental determination doing procedure has been regulated in a mode to guarantee engagement of those likely to be affected by the determination. g. Recognition of International Norms
In some instances states have shown regard to international environmental Torahs and to guarantee that there planetary committedness is non frustrated and have adopted domestic Torahs that promote such committednesss. Changes in legal government. though an of import measure frontward. can non itself guarantee conformity. Hence. the demand for effectual coordination of environment direction. constitution of establishments to administrate the Torahs and mechanism for easing conformity has been every bit emphasized in states that have gone for more antiphonal environmental legal government.
3. Environmental Laws in Bangladesh It was thought one time that the bing Torahs of Bangladesh are excessively unequal to be worked with environment. But when the work on environment was started. bing Torahs were found to be operative. The ground may be that the same jurisprudence can be interpreted in different ways in different positions. A writ request was filed by BELA ( Bangladesh Environmental Lawyers Association ) associating to “Locus Standi” of Article 102 of the Constitution of Bangladesh and because of the progressive reading given by the Supreme Court of Bangladesh the construct of Public Interest Litigation ( PIL ) is judicially recognized in our state. Although Article 102 has been in our Fundamental law since 1972. this proviso was non interpreted in such a progressive manner before.
There would be lacuna in the reading of jurisprudence if we remain unenlightened about the point of view of environmental motion in Bangladesh. Environment came out to be an of import subject here after the lay waste toing inundation of 1987 and 1988. In order to command the inundation state of affairs the Government of Bangladesh undertook a Flood Control Project with the assistance of giver bureaus. In fact the environmental motion in Bangladesh started focus oning that development undertaking. Some NGOs. which were working on environment individually. found that there would be irreparable loss to the environment if the above undertaking viz. Flood Action Plan was allowed to go on.
Those NGOs assembled to set up a platform by the name “Life Minded Environmental Activist Forum” . Environmental motion commenced in private from that forum. On the other manus in the Governmental degree the Ministry of Environment and Forest was formed and by the way both Governmental and Non-Governmental enterprise began together.