APPLICATION AND REFORM NEEDS OF THE
ENVIRONMENTAL LAWS IN BANGLADESH
Syeda Rizwana Hasan*
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 need to develop capacity in the legal and institutional areas for sustainable development in developing countries. Chapter 8.13 of the Agenda noted that laws and regulations suited to country-specific conditions are among the most important instruments for transforming environment and development into action. Legal enactment on environment became necessary due to increased incidents of environmental degradation, unsustainable exploitation of natural resources, activities of regional and international organizations (multilateral financial agencies and bilateral donor organization.)
The global trend of environmental law making suggests three eras of legal development with clear characteristics. The laws adopted in the post Stockholm Era were ‘use-oriented’. These were natural 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-pollution’ 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 planning and management of the environment on the basis of all embracing ecological policies and environmental management programs. At the Global level, various international conventions, treaties, protocols also contributed significantly in fostering the development of environmental law making.
2. Evolution of Environmental Laws at the National Level
Following the global trend,...
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