Briefly discuss the general principles of International

Environmental Law

Sustainable Development

The principle of sustainable development (SD) has already been treated as a great
component of environmental protection. The principle of sustainable development
has been linked to various other concepts, such as, intergenerational and
intragenerational equity, principle of integration, sustainable use of natural
resources and biological diversity.
There is no way to deny the development activities are a must. But
development without considering sustainability may environmental damage. The
development and environment co-relation therefore is vital principle of
International Environmental Law. The concept of SD is found in different
international instrument.

The idea of SD was used in the World Commission of Environment and

Development report in 1987. The term SD refers to a development that meets the
needs of present without compromising the ability of future generations to meet
their own needs. The principle of SD was incorporated in Rio de Janeiro
Declaration, Principle 4 of the declaration states that in order to achieve
sustainable development, environmental protection shall constitute an integral part
of the development process and cannot be considered in isolation from it. Thus, it
is clear that environmental protection along with the development policies is a
must for sustainable development and environmental protection and
implementation of development policies should go hand in hand to attain the goal
of SD.

In the Flood Action Programme (FAP) Case, the Bangladeshi court applied
sustainable development in an indirect manner and gave priority to a development
project funded by international donors. Taking an anthropocentric view, the court
defined sustainable development which integrates a quality of life that is
economically and ecologically sustainable.

Polluter Pays Principle

This principle means that the polluter should bear the expenses of carrying out the
measures decided by public authorities to ensure that the environment is in an
acceptable state.

The first mention of the principle at the international level is to be found in

the 1972 Recommendation by the OECD Council on Guiding principles
concerning international Economic Aspects of Environmental Policies.

The PPP, a generally recognized principle of international environmental law, has

been widely accepted as a means of paying for the cost of pollution prevention and
control. The principle simply refers that the person who is responsible for creating
pollution, should be made financially responsible for the damage caused to
others. It has also been incorporated in principle 16 of Rio de Janeiro
Declaration .

National laws of Bangladesh have also incorporated the PPP principle of

international environmental law. The Bangladesh Environment Conservation Act,
1995 provides that director general of the department of environment can oblige a
person to pay where such person is responsible directly or indirectly for the injury
to the ecosystem or person or group of persons. Section 9 of the said Act includes
the power to ensure payment by any person responsible for excessive discharge of
pollutant.

Precautionary Principle
The precautionary principle aims to provide guidance in the development and
application of international environmental law where there is scientific uncertainty.
It can also be treated as a preventive step or preventive principle for the
environment protection.

The principle requires identification and concentration of some matters which

may affect the environment and also imposes an obligation to take some
initiatives as precaution for future uncertain damage which may be caused by
development action.

Rio declaration states that in order to protect the environment, the precautionary
approach shall be widely applied by States according to their capabilities. An
obligation upon states has been imposed to prevent possible threats and harm of
environment. Framework Convention on Climate Change, 1992 a hard law,
refers that the Parties should take precautionary measures to anticipate, prevent or
minimize the causes of climate change and mitigate its adverse effects.

Precautionary principle is considered in Bangladesh as a guiding non-

binding principle for policy making. This principle has been used frequently in
substantive laws. Environmental courts of Bangladesh can apply the principle
while deciding environmental cases. In Bangladesh, the Wildlife (Protection and
Safety) Act, 2012; the Protection and Conservation of Fish Act, 1950; and the
Forest Act, 1927 integrate the precautionary principle.

Bangladesh Environment Conservation Act, 1995 also includes provisions

containing the precautionary principle.
Environmental Impact Assessment

Environmental impact assessment (EIA) is a formal process for identifying likely

effects of activities or projects on the environment, and on human health and
welfare it also includes measures to mitigate and monitor these impacts.

It means the assessment of possible environmental harms or damage which may be

caused by various development activities. Before taking up any development
activities in a country environmental assessment is a must. And if the
assessment indicates likelihood of serious harm and environmental degradation,
the development activities should be stopped.

This principle is incorporated in Rio declaration. Principle 17 of the declaration

states that EIA, as a national instrument, shall be undertaken for proposed activities
that are likely to have a significant adverse impact on the environment and are
subject to a decision of a component national authority.

The Bangladesh Environment Conservation Act, 1995 incorporates the use

of this principle. The Bangladesh Environment Conservation Act mandates the
necessity of environmental clearance certificate for any kinds of establishment

Intergenerational Equity
The principle of intergenerational equity, has been developed as one of the most
accepted and important principle of international environmental law. The principle
has been examined as well as developed by several international and regional
instruments. Basically the use of this principle assures each generation the right
to receive the planet in no worse a condition than received by the previous
generation, and views the environmental and resource conservation obligations of
the present generation from that perspective.

Stockholm declaration, 1972 refers in principle 2 that the natural resources of the
earth, including the air, water, land, flora and fauna and especially representative
samples of natural ecosystems, must be safeguarded for the benefit of present and
future generations through careful planning or management, as appropriate.
Principle 3 of Rio declaration states that the right to development must be fulfilled
so as to equitably meet development and environmental needs of present and future
generation.

Article 3 of the Framework Convention on Climate Change, 1992 also refers to

the necessity of taking actions for the benefit of present and future generations of
humankind.

A new provision has been added by 15 th amendment of the Constitution of

Bangladesh which provides a guiding obligation to protect and improve the
environment and to preserve and safeguard the natural resources, bio-diversity,
wetlands, forests and wildlife for the present and future generations. It is believed
that this provision will to some extent accelerate environmental justice in
Bangladesh.

Harm Prevention
Harm prevention generally refers to the efforts of preventing serious harm or
damage of environment caused by various actions. International obligation is also
found in this regard. States should be aware of their activities so that it cannot
affect others.

States are under an obligation to protect the environment of other states and areas
beyond national jurisdiction from damage caused by activities on their territory.

Principle 7 of Stockholm declaration refers that States shall take all possible
steps to prevent pollution of the seas by substances that are liable to create hazards
to human health, to harm living resources and marine life, to damage amenities or
to interfere with other legitimate uses of the sea.

The principle was the foundation of the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal (1989),
which sought to minimize the production of hazardous waste and to combat illegal
dumping.
The Bangladesh Environment Conservation Act, 1995 allows director general
of department of environment to take measures for the prevention of probable
accidents which may cause environmental degradation and pollution, undertaking
safety measures and determination of remedial measures for such accidents and
issuance of directions relating thereto. Besides, many other national laws of
Bangladesh are enacted to prevent actions harmful for environment.

CONCLUSION
Principles of international environmental law should be considered by legislator of

Bangladesh while making legislation relating to the protection of environment. The

judiciary needs to consider using principles of international environmental law in

cases which includes interpretation of national environmental laws. Provisions

should be included in the Constitution of Bangladesh regarding the use of

international legal instruments while deciding the case in the national courts of

Bangladesh. It is high time government in Bangladesh should make and amended

existing laws to incorporate such principles of international environmental law

which will move us towards cause environmental justice. The right to clean

environment must be meaningfully ensured to citizens of Bangladesh.