Environmental law means the laws that regulate the impact of human activities on the environment. Environmental law covers a broad range of activities that affect air, water, land, flora or fauna. It includes laws that relate to: Protection of animals and plants, planning for the use and development of land, Mining, exploration and extractive industries, Forestry, Pollution, Fisheries, Land and fire management, Agriculture and farming, Waste management, Climate change and emissions, Water resource management (lakes, wetlands, rivers and oceans), Chemicals and pesticides, Weeds and invasive species, Marine life, Conservation of natural and cultural heritage.
5. Definition
Law is a term can be defined as the body of
official rules and regulations, generally found in
constitutions, legislation, judicial opinions and
the think that is used to govern a society and to
control the behavior of its members.
According to Hart (1961),”Law is the system of
rules, a union of primary and secondary rules.”
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7. The principals of the environmental law are very important for
exercising and maintaining the essentiality of the environmental law.
According to “Phillip Sands” – the principles as follows:
• The obligation reflected in principles 21
• The principle of Preventive Action
• The Principles of Good Neighborliness
• International Co-operation
• The Principle of Sustainable Development
• The Precautionary Principle
• The Polluter-pays Principle and
• The principle of Common but Differentiated Responsibility.
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Phillip Sand’s Environmental principles
8. Website based Principles
•The precautionary principle
•The polluter pays principle
•The principle of sustainable development
•Environmental procedural rights
•Common but differentiated responsibilities
•Intergenerational and intergenerational equity
•Common concern of humankind
•Common heritage
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9. Some important principles
•Principles of preventive actions
•Good neighborliness and international co-operation
•Attaining sustainable development
•Save the present and future generations
•Sustainable use of natural resources
•The precautionary principles
•Polluter pays principle [Faure, Michael (2001)]
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10. Legislative Development of Environmental Law
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11. Development of Environmental Law
Three branches of government for development of
environmental law.
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• Makes Law
Legislative
Branch
• Enforces LawsExecutive Branch
• Interprets Laws
Judicial Branch
12. Legislative Development of Environmental
Law
Laws enacted by legislators are known as legislation.
Legislators observe and steer governing actions.
Objectives:
•To ensure an open, transparent and accountable law
making procedures.
•To establish a standardized procedures regulation for the
development, enactment, amendment and repeal of that
law.
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13. Phases of Legislative Development
Development of proposed law, mainly initiated by the
Council.
Acceptance of proposed law in principle.
Community consultation of law by review & comments.
Enactment of final draft law.
Procedures after the enactment, Registration or Rejection.
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14. Legislative Development of
Environmental Laws in Bangladesh
Bangladesh achieved her independence in 1971 from West
Pakistan. Since the independence, it is observed that the
Government of Bangladesh was very aware about the
environmental conservation issue. Some major Environmental
Laws in Bangladesh are:
• The Bangladesh Wildlife Order, 1973.
• Environmental Pollution Control Ordinance, 1977.
• The Bangladesh Environmental Conservation Act, 1995.
• The Bangladesh Environmental Conservation Rules, 1997.
• Environmental Court Act, 2000.
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16. Crisis of Environmental Law
There are some questions related with
environmental law that described it:
•What is the nature of the case?
•How should we conceive of responsibility towards
future generations from a legal point view?
•How to interpret the principles of common?
•Who plays role in environmental ethics and law?
•How to apply criteria? Such as: Polluters pays,
Ability to pays, Beneficiary pays etc.
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17. Crisis of Environmental Law
Factors creates Environmental law crisis:
•The Rule of law
•The Energy crisis and Environmental law.
•Environmental law and Economic crisis.
•Willingness to pays of polluters.
•Developing consequences.
•Rise of Radical Environmentalism. [Cooter, R. and T. Ulen
(1988)]
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18. Limitations
There are quite a few examples where environmental issues have
successfully been addressed. The Government has created an
enabling policy regime for better management of environment
and natural resources.
Lack of inter-sectored coordination
Conflict in sectoral policies
Lack of institutional capacities
Regulatory and institutional inadequacies for policy
implementation
Outdated law
Non-punitive approach of laws [Hunter, D., J. Salzman and D. Zaelke
(1998)]
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19. Status of international organization in enforcing
environmental law
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20. International Organization
•International non-governmental organization
(INGOs): Non-governmental organizations (NGOs)
that operate internationally. These may be either:
International nonprofit organizations.
•Intergovernmental organizations(IGOs): also
known as international governmental organizations
(IGOs): the type of organization most closely
associated with the term” international
organization” these are organizations that are made
up primarily of sovereign states
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21. •United Nations (UNO)
• The UN ,its specialized agencies and contributory bodies,
organs and programs the important point for international law
and institutions in the field of environment.
•Economic and Social Council (ECOSOC)
• `The ECOSOC has contributed to the development of
international environmental law.
•International Court of Justice (ICJ)
• The international Court of Justice is the primary judicial organ
of the United Nations.
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International Organization
22. •The United Nations Human Rights Courts
The Human Rights Court is established in order to
protect and develop the human rights of the people of
the world.
•Organization Established by the Environmental
Treaties
It is a third category of organization that carries
significant values to the development of the
international environmental law. [Trouwborst, A. (2002)]
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International Organization
23. The scientific Community
Private companies and business concerns
Legal organizations
The academic community
Individuals are the worth of mentioning
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Non-government Contributors
24. REFERENCES
Cooter, R. and T. Ulen (1988), Law and Economics, first edition,
London: Scott Foresman.
De Sadeleer, N. (2002), Environmental Principles: From Political
Slogans to Legal
Rules, Oxford: Oxford University Press.
Faure, M. and M.H.S. Ruegg (1994), ‘Environmental Standards
Setting through General Principles of Environmental Law’, in M. Faure,
J. Vervaele and A. Weale (eds), Environmental Standards in the
European Union in an Interdisciplinary Framework, Antwerpen:
Maklu, pp. 39–60.
Faure, Michael (2001), Environmental Law and Economics,
Maastricht: METRO
Fisher, E. (2002), ‘Precaution, Precaution Everywhere:
Developing a “Common Understanding” of the Precautionary Principle
in the European Community’, Maastricht Journal of European and
Comparative Law, 9 (1), pp. 7–28.
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25. Freestone and E. Hey (eds), The Precautionary Principle and
International Law:
The Challenge of Implementation, The Hague: Kluwer International,
pp. 97–108.
Geistfeld, M. (2001), ‘Implementing the Precautionary Principle’,
The Environmental Law Reporter, 31, 11326–33.
Heringa, A.W. (1996), ‘The “Consensus Principle”, the Role of
“Common Law” in the
ECHR Case Law’, Maastricht Journal of European and Comparative Law,
3, 108–45.
Hunter, D., J. Salzman and D. Zaelke (1998), International
Environmental Law and
Policy, New York: Foundation Press.
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REFERENCES