The earth is warming up, and there is now overwhelming scientific consensus that it is happening, an

The earth is warming up, and there is now overwhelming scientific consensus that it is happening, and human-induced.

CHAPTER-I Introduction 1.1. Introduction: The climate is changing. The earth is warming up, and there is now overwhelming scientific consensus that it is happening, and human-induced. With global warming on the increase and species and their habitats on the decrease, chances for ecosystems to adapt naturally are diminishing.

Many are agreed that climate change may be one of the greatest threats facing the planet.

Recent years show increasing temperatures in various regions, and/or increasing extremities in weather patterns.

Since few centuries, we have been observing the increase in the average temperature of the Earth's near-surface air and oceans. The predicted countries vulnerable to such global Warming is much more concerned about its devastating aftermath for many environ mental scientists consider global! Warming as the greatest environmental threat of the 21st Century- Bangladesh will be one of the most serious victim countries of global warming due to its geographical location.

Climate change is any long-term change in the statistics of weather over periods of time that range from decades to millions of years. It can express itself as a change in the mean weather conditions, the probability of extreme conditions, or in any other part of the statistical distribution of weather. Climate change may occur in a specific region, or across the whole Earth.

In recent usage, especially in the context of environmental policy, climate change usually refers to changes in modern climate (see global warming). For information on

temperature measurements over various periods, and the data sources available, see temperature record. For attribution of climate change over the past century.

1.2. Nature and Scope of the Study: Research has shown that air pollutants from fossil fuel use make clouds reflect more of the sun’s rays back into space. This leads to an effect known as global dimming whereby less heat and energy reaches the earth. At first, it sounds like an ironic savior to climate change problems. However, it is believed that global dimming caused the droughts in Ethiopia in the 1970s and 80s where millions died, because the northern hemisphere oceans were not warm enough to allow rain formation. Global dimming is also hiding the true power of global warming. By cleaning up global dimming-causing pollutants without tackling greenhouse gas emissions, rapid warming has been observed, and various human health and ecological disasters have resulted, as witnessed during the European heat wave in 2003, which saw thousands of people die.

The world mostly agrees that something needs to be done about global warming and climate change. The first stumbling block, however, has been trying to get an agreement on a framework. In 1988, the Intergovernmental Panel on Climate Change (IPCC) was created by the United Nations Environment Programme (UNEP) and the World Meterological Organization (WMO) to assess the scientific knowledge on global warming. The IPCC concluded in 1990 that there was broad international consensus that climate change was human-induced. That report led way to an international convention for climate change, the United Nations Framework Convention on Climate Change (UNFCCC), signed by over 150 countries at the Rio Earth Summit in 1992. This section looks at this Convention and some of the main principles in it.

1.3. Objective of the Study: A change has already affected some small island nations. Climate justice, equity and sustainable development are all important parts of this debate that are often left out of

mainstream discourse. Equal rights to the atmosphere for all human beings and equity within and between nations are paramount.

An agreed principle was that of common but different responsibilities.

That is, when the world’s majority countries signed up to climate change Convention (including countries like the US who would later withdraw from the subsequent Kyoto Protocol) it was agreed that it is today’s rich nations who are the ones responsible for global warming as greenhouse gases tend to remain in the atmosphere for many decades, and rich countries have been industrializing and emitting climate changing pollution for many more centuries than the poor countries.

It was also agreed that the poor countries had pressing needs to meet basic needs and eradicate poverty. As a result, it was agreed that it would be unfair to put emissions restrictions on poor countries when it is the rich countries who have caused the problems growing concern from developing countries and various NGOs is the need for public participation and the effect on populations and poor countries that global warming negotiations have. The impacts of climate change will be felt on the world’s poorest countries the most.

Flexibility mechanisms were defined in the Kyoto Protocol as different ways to achieve emissions reduction as part of the effort to address climate change issues. These fall into the following categories: Emissions Trading, Joint Implementation and Clean Development Mechanism. However, these have been highly controversial as they were mainly included on strong US insistence and to keep the US in the treaty. Some of the mechanisms face criticism for not actually leading to a reduction in emissions, for example.

1.4. Importance of the Study: A growing concern from developing countries and various NGOs is the need for public participation and the effect on populations and poor countries that global warming negotiations have. The impacts of climate change will be felt on the world’s poorest

countries the most. In some cases, climate changes have already affected some small island nations. Climate justice, equity and sustainable development are all important parts of this debate that are often left out of mainstream discourse. Equal rights to the atmosphere for all human beings and equity within and between nations are paramount.

An agreed principle was that of common but different responsibilities.

That is, when the world’s majority countries signed up to climate change Convention (including countries like the US who would later withdraw from the subsequent Kyoto Protocol) it was agreed that it is today’s rich nations who are the ones responsible for global warming as greenhouse gases tend to remain in the atmosphere for many decades, and rich countries have been industrializing and emitting climate changing pollution for many more centuries than the poor countries.

It was also agreed that the poor countries had pressing needs to meet basic needs and eradicate poverty. As a result, it was agreed that it would be unfair to put emissions restrictions on poor countries when it is the rich countries that have caused the problems.

Nonetheless, some poor countries have already started to make emission reductions, showing that the rich countries can do it to.

Research has shown that air pollutants from fossil fuel use make clouds reflect more of the sun’s rays back into space. This leads to an effect known as global dimming whereby less heat and energy reaches the earth. At first, it sounds like an ironic savior to climate change problems. However, it is believed that global dimming caused the droughts in Ethiopia in the 1970s and 80s where millions died, because the northern hemisphere oceans were not warm enough to allow rain formation. Global dimming is also hiding the true power of global warming. By cleaning up global dimming-causing pollutants without tackling greenhouse gas emissions, rapid warming has been observed, and various human health and ecological disasters have resulted, as witnessed during the European heat wave in 2003, which saw thousands of people die.

CHAPTER-II Global Warming 2.1 Definition of Global Warming: Global Warming is defined as the increase of the average temperature on Earth. As the Earth is getting hotter, disasters like hurricanes, droughts and floods are getting more frequent.

Global warming is the increase in the average temperature of the Earth's near-surface air and oceans, and its projected continuation.

Global warming is potential increase in average global atmospheric temperatures resulting from the greenhouse effect.1 Global warming is the next big impact that will bring about a change in the weather patterns. By definition, Global Warming is the increase in average temperature that gradually warms the Earth’s atmosphere. It is a phenomenon, which has been on the rise but in the last century, the increase in the levels have been alarming.

The average temperature of the atmosphere has risen by 0.74 - 0.18 °C during the last century. According to the study by the Intergovernmental Panel on Climate Change (IPCC), it is observed that the increase in global average temperature has been caused due to an increase in greenhouse gas concentrations. This has led to an unprecedented warming of the Earth’s surface.

The other phenomena’s responsible for global warming include volcanoes and solar variations. Base on some of the models by the IPCC, the prediction is that the global 1

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temperature is likely to rise by 1.1 to 6.4 째C between 1990 and 2100. This increase in temperature will cause climatic changes and extreme weather conditions like rising sea level, change in the amount of precipitation, above average rainfall, melting of polar ice caps and glaciers, storms and hurricanes.2 2.2. Steps of Global Warming: Broadly speaking, sunlight solar energy reaches to the earth atmosphere in three forms: (i)

Ultra Violet Radiation;

(ii)

Visible light; and

(iii)

Infra-red & radio waves.

During the day time, visible light and infrared & radio waves come to the earth and some of its hit is absorbed by the earth and the rest goes back into the atmosphere. After entering the atmosphere, part of this hit is absorbed by Carbon dioxide and water vapor present in the atmosphere and the rest its absorbed into the universe. During the night, when, there is no sunlight, Carbon dioxide and water vapor release this hit to the earth.

Otherwise the earth would be cooled and the survival of life would be impossible.

Carbon dioxide and water vapor, thus, balances the temperature. However, due to relatively recent increase, of the concentration of CO2, CFCs, methane (CK4), nitrous oxide (N2O), the temperature is rising gradually and hitting ozone layer. As a result, ozone hole that is noted cause Ultra violet rays to reach directly to the earth, and global warming. Thus, global warming is the result of green house effect.

1.

Visible light and infra-red rays pass through the CO2 into the lower region of the

atmosphere.

2.

Incoming energy is converted to heat

3.

Longer, infra-red wavelengths hit green-house gas molecules in the atmosphere

2

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4.

Greenhouse gas molecules in the atmosphere emit Infrared radiation back

towards earth.

5.

Greenhouse gases being more concentrated into the atmosphere hit the ozone layer

and cause ozone hole.

6.

Ultra violet rays hit the earth directly and cause global warming.

2.3. Green House Effect: Greenhouse Gases: Carbon Dioxide (CO7) Source: Fossil fuel burning, deforestation Methane (CH4) Source: Rice cultivation, cattle & sheep ranching, decay from mining.

Nitrous oxide (N7O) Source: Industry and agriculture (fertilizers) CFCs: Source: fridge, refrigerator, air conditioner, aerosol etc. These

Greenhouse

gases

absorb infrared radiation and prevent it from escaping to space.

The greenhouse effect is the rise in temperature that the Earth experiences because certain gases in the atmosphere (water vapor, carbon dioxide, nitrous oxide, and methane, for example) trap energy from the sun. Without these gases, heat would escape back into space and Earth’s average temperature would be about 60ºF colder. Because of how they

Warm our world; these gases are referred to as greenhouse gases. 3 Picture-1

Most greenhouses look like a small glass house. Greenhouses are used to grow plants, especially in the winter. Greenhouses work by trapping heat from the sun. The glass panels of the greenhouse let in light but keep heat from escaping. This causes the greenhouse to heat up, much like the inside of a car parked in sunlight, and keeps the plants warm enough to live in the winter.

The Earth’s atmosphere is all around us. It is the air that we breathe. Greenhouse gases in the atmosphere behave much like the glass panes in a greenhouse. Sunlight enters the Earth's atmosphere, passing through the blanket of greenhouse gases. As it reaches the Earth's surface, land, water, and biosphere absorb the sunlight’s energy. Once absorbed, this energy is sent back into the atmosphere. Some of the energy passes back into space, but much of it remains trapped in the atmosphere by the greenhouse gases, causing our world to heat up.

Pic-2

3

Ibid

The greenhouse effect is important. Without the greenhouse effect, the Earth would not be warm enough for humans to live. But if the greenhouse effect becomes stronger, it could make the Earth warmer than usual. Even a little extra warming may cause problems for humans, plants, and animals.4 Our atmosphere is but a tiny layer of gas around a huge bulky planet. But it is this gaseous outer ring and its misleadingly called greenhouse effect that makes life on Earth possible and that could destroy life as we know it.

1. The Greenhouse Effect 2. Global warming causes and effects at a glance.

The sun is the Earth’s primary energy source, a burning star so hot that we can feel its heat from over 150 million kilometers away. Its rays enter our atmosphere and shower upon on our planet. About one third of this solar energy is reflected back into the universe by shimmering glaciers, water and other bright surfaces. Two thirds, however, are absorbed by the Earth, warming land, oceans, and atmosphere.5 Much of this heat radiates back out into space, but some of it is stored in the atmosphere.

This process is called the greenhouse effect. Without it, the Earth’s average temperature would be a chilling -18 degrees Celsius, even despite the sun’s constant energy supply.

4

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5

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In a world like this, life on Earth would probably have never emerged from the sea.

Thanks to the greenhouse effect, however, heat emitted from the Earth is trapped in the atmosphere, providing us with a comfortable average temperature of 14 degrees.

Only about half of all solar energy that reaches the Earth is infrared radiation and causes immediate warming when passing the atmosphere. The other half is of a higher frequency, and only translates into heat once it hits Earth and is later reflected back into space as waves of infrared radiation.

This transformation of solar radiation in to infrared radiation is crucial, because infrared radiation can be absorbed by the atmosphere. So, on a cold and clear night, parts of this infrared radiation that would normally dissipate into space get caught up in the Earth’s atmosphere. And like a radiator in the middle of a room, our atmosphere radiates this heat into all directions.

Parts of this heat are finally sent out in the frozen nothingness of space, parts of it are sent back to Earth where they step up global temperatures. Just how much warmer it gets down here depends on how much energy is absorbed up there– and this, in turn, depends on the atmosphere’s composition.

The switch from carbon dioxide to oxygen: Nitrogen, oxygen, and argon make up 98 percent of the Earth’s atmosphere. But they do not absorb significant amounts of infrared radiation, and thus do not contribute to the greenhouse effect. It is the more exotic components like water vapour, carbon dioxide, ozone, methane, nitrous oxide, and chlorofluorocarbons that absorb heat and thus increase atmospheric temperatures.

Studies indicate that until some 2.7 billion years ago, there was so much carbon dioxide (CO2) and methane in our atmosphere that average temperatures on Earth were as high as 70 degrees. But bacteria and plants slowly turned CO2 into oxygen and the concentration of CO2 in our current atmosphere dropped to just about 0.038 percent or 383 parts per

million (ppm), a unit of measurement used for very low concentrations of gases that has become a kind of currency in climate change debates.

But while we are still far from seeing major concentrations of Carbon di Oxide in our atmosphere, slight changes already alter the way our celestial heating system works.

Measurements of carbon dioxide amounts from Mauna Loa Observatory in Hawaii show that CO2 has increased from about 313 ppm in 1960 to about 375 ppm in 2005.

Global Warming Organizations: Global warming has become the rising issue as it will effect climatic changes on a global scale and make planet Earth so warm that even humans will not be able to survive the heat. It is like a race against time where some organizations are trying to prolong the effect and fight it in their own way. Some of these organizations are: A leading national nonprofit organization, it was founded in 1967. Known as EDF, they have 500,000 members. Their mission is to protect the environmental rights of people, which includes the future generations. The rights are aimed at providing healthy food, clean air & water, and thriving ecosystems. There mission is backed by their scientific research and orientation. They promote and apply scientific evaluation of environmental problems to find solutions.6 One of the most popular non-profit organizations that has been associated with protecting the plant, eco-systems, and wildlife. They have been protecting the future of nature for more than 45 years now. WWF has branches in 100 countries and is supported by more than 1.2 million members in the US itself, while global count has crossed the 5 million mark. The WWF working process combines reaching out to the global audience with a foundation in science that requires action at every level from rural to cosmopolitan and from local to global.

6

Ibid

Some of the other organizations involved in saving the planet, nature, wildlife and mankind include: 1. Natural Resources Defense Council 2. Sierra Club 3. Union of Concerned Scientists 4. U.S. Public Interest Research Group 5. World Resources Institute7 Cause and Effect of Global Warming The causes of global warming are many and effects are far more profound. What we have really witnessed in the last couple of decades is just the tip of the iceberg.

CAUSES: The main underlying cause of Global Warming is greenhouse gases like carbon dioxide (CO2). Every tree takes CO2 from the air during its growing process. When a tree dies or the wood decays then CO2 is again returned to the atmosphere. In the last couple of decades tropical forest have borne the brunt of major felling of trees and burning of wood, which has added more CO2 into the atmosphere.

There are many causes of global warming. Most important causes are: 1) Deforestation 2) Industrialization 3) Burning of fosil fuels 4) Decay of dead organisms 8 5) Respiration/ breathing of living organisms 6} pollution of Automobile 7) Thermal power plant 7

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8

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8) Cultivation of land 9) Eruption t. volcanoes (a mountain with a large circular hole at the top thought which lava, gases, steam and dust are forced out) 10) Domestic cooking Today deforestation has reached a stage where it cannot be turned back. In 1987, a major chunk of the Amazon forest was burnt and it was of the size of Britain. This released 500 million tons of CO2 into the atmosphere. The lesser the number of trees, the less CO2 will be absorbed.

EFFECTS: The effect of global warming will be catastrophic and if you look around you, then you will see some of the signs. If no action is taken now, then it will be too late as the greenhouse effect will slowly increase the average global temperature by 1.5 to 4.50C. This rise in temperature will affect the polar ice caps more than the tropical belt.

Winters will become warmer and the world will be hotter than what it was 100,000 years back. By the end of the next century, the temperatures would have soared very high and it will be tough for humans to survive. The last 15 years have been the ten hottest years since the 1860’s.

2.5. Impact of Global Warming: Environmental scientists inform that if only 3 % global temperature on an average is increased, 40 crore tones of crop-production will be obstructed and 40 crore of population will be hunger of food. However, global warming has the following impacts1) Melting ice 2) Flooding of low lying costal areas 3) Sea level change 4) Increase in the flow of rivers and change in the rainfall pattern.

5) Submersion of Islands.

6) Occurrence of more cyclones and hurricanes.

7) Damage of agricultural crops.

8) Water pollution 9) Refugee problems 10) Deforestation 11) Ozone layer depletion Global warming has a big impact on the Earth, having both negative and positive effects.

Global warming occurs because of an increase in the emission of greenhouse gases. The burning of fossil fuels only adds to these emissions. Temperatures around the globe are slowly warming, and this affects every continent and area on Earth. This is also known as the greenhouse effect. This has become a problem because too much solar radiation is getting trapped in the Earth’s atmosphere, which has caused the Earth to become warmer.

Greenhouse gases are responsible for retaining this energy. The more greenhouse gases in the atmosphere, the more solar radiation become trapped and the warmer the planet gets.

Climate conditions have changed significantly since the Earth was created. The average temperature of the Earth has fluctuated over this time and so has the mix of gases in the atmosphere. Now it seems that recent human activity, such as the burning of fossil fuels reserves, has caused the Earth to heat up even more. Scientists cannot say for sure what the effects of global warming on the Earth will be until they happen, but predictions include faster melting of glaciers and the polar ice caps, an increase in sea levels as a result of the melting, a warmer global temperature, a loss of forest areas, shifts in the location of the animal and plant populations, decreased rainfall and other types of precipitation in some areas, and deserts appearing where lush plant life is now, among others. Tropical storms and hurricanes may become fiercer and the circulation and acidity balance of some oceans may change.

Global warming can have profound effects on the Earth and eliminating or at least minimizing greenhouse gases is needed to stop these effects. Once the process has

started, it may take hundreds of years or more for the changes to stop, even with no new greenhouse gases being released. Using renewable alternative energy sources such as biomass energy, is a step in the right direction to help minimize the impact that global warming has on the Earth. Forests and plant life can also play an important role in the future of energy because while living they help to replace carbon dioxide, a major greenhouse gas, with oxygen, and they are also the source behind much of the biomass energy created.9 Through the first half of the 20th century, when global warming from the greenhouse effect was only a speculation, the handful of scientists who thought about it supposed any warming would be for the good. Svante Arrhenius, who published the first calculations, claimed that nations like his native Sweden "may hope to enjoy ages with more equable and better climates." Most people assumed that a "balance of nature" made catastrophic consequences impossible, and if any change did result from the "progress" of human .

CHAPTER-III Background of Environmental Law 3.1

Environmental Law:

International environmental law is the body of international law that concerns the protection of the global environment.

Originally associated with the principle that states must not permit the use of their territory in such a way as to injure the territory of other states, international environmental law has since been expanded by a plethora of legally-binding international agreements. These encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection.

3.2 9

History and Development of Environmental Law:

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International Environment law evolved through 4 distinct periods: •

From early Fisheries convention to the creation of the UN

•

From the creation of UN to Stockholm Conference, 1972

•

From Stockholm to 1992 United Nations Conference on Environment and

Development (UNCED), held in Rio de Janeiro, Brazil •

Beyond UNCED10

From early Fisheries convention to the creation of the UN: Major trends: •

First realization that industrialization and development required limitations on the

exploitation of nature resources; •

Need for adoption of appropriate legal instruments felt;

•

Approaches were not global or integral sector based approach was seen;

•

Focus was given on the conservation of wildlife (birds, fisheries, seals) in

formulating environmental rules; •

Absence of appropriate technology and scientific evidence;

•

Adopted treaties (though very few in number) were mostly adhoc, sporadic and

scattered and limited in scope.

•

Treaties were mostly bi-lateral or of limited parties;

•

Need for international co-operation for the protection of environment (to be more

specific regarding some flora and fauna) was felt for the first time during the period.

•

No strict obligation provided in the treaties;

•

International institutions were started to be established for the purpose of ensuring

the implementation of treaties; for example, International Committee (later council) for bird protection, ICBP, 1922; •

Role of the individuals, scientists and organization in the development of

International Environmental Law during this period.

Major Treaties: • 10

Fisheries Convention between France and UK International Envirnmental Law Bangladesh Perspective. Hossain.Md.Iqbal Page No.10. Date-

01.08.2009

•

Fisheries Treaty between UK and USA, 1892

•

1902 Convention for the protection of bird useful to agriculture, generally known

as bird convention •

Convention relative to the preservation of Fauna and Flora in their natural State,

1933 commonly known as London Convention.

International Disputes: During the first period of the development of International Environmental Law, two significant environment disputes were submitted to international arbitration; which laid down certain principles that are later on recognized as of great contribution to the development of Environmental Law. •

Pacific Fur Seal Arbitration, 1893

•

The Trial Smelter Case, 1937

3.3

From the Creation of UN to Stockholm Conference, 1972:

Major Trends: •

A range of International organization with competence in environmental mater

created.

•

A good number of International legal instruments were adopted.

•

Another feature of this phase was the limited recognition of the relationship

between economic development and the environment protection.

•

Through the UN Charter did not include provisions on environmental protection

or conservation of natural resources the creation various subsidiary organs of UN made the way to establish global environmental principles through its organs and sub-organs.

For example, constituent instruments of FAO of UNESCO included provisions with environmental or conservationist aspects an latter they emerged as vital role players in the development of Environmental Law.11

11

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Major Events: •

In 1948, IUCN (first as IUPN, then IUCN) was established to promote the

preservation of wildlife and natural environment, public knowledge, education, scientific research and legislation.

•

ECOSOC convened the 1949 UN Conference on the Conservation and Utilization

of Resources, UNCCUR at the initiative of Former US president Franklin D. Roosevelt and Harry Trucmail. Though the scope of the conference was limited, UNCCUR Addressed six issues; minerals, fuels and energy, water, forests, land and wildlife &fish.

•

In 1945 General Assembly convened a major conference on the conservation of

the living resources of the sea which led to the aeddc3option of conservation rules in theddc3 1958 Geneva Convention.

•

GA’s attention to the effects of nuclear test and oil pollution was reflected in the

1963 Test Ban Treaty and the 1954 International Convention for the Prevention of Pollution of the Sea by Oil. •

First EC environmental act was passed in 1967.

•

Ramsar Convention on Wetlans of International Importance especially as

Waterfowl Habitat, 1971 was adopted. It was the first environmental treaty to establish rules addressing the conservation of a particular type of ecosystem. .

Major Trend: •

Co-ordinate effort of UN to place a system for dealing the international

environmental issues.

•

Significant regional and global conventions were adopted.

•

For the first time, at the global level, the production, consumption, international

trade and movement of certain products were banned.

Major Events:

•

Stockholm Conference, 1972 is the most significant event of the period,

Convened by the GA under auspices of Sweden.

The Conference adopted 3 nonbinding instruments of which the Stockholm declaration marks a greater achievement towards formulating Int. treaty regime regarding environment and the resolution paved the way for establishing UNEP. 3.4. United Nations Conference on the human environment, 1972: The 1972 United Nations Conference on the human environment focused on the ‘human’ environment. The Conference issued the Declaration on the Human Environment, a statement containing 26 principles and 109 recommendations (now referred to as the Stockholm Declaration). The creation of an environmental agency was also approved, now known as UNEP. In addition, there was the adoption of a Stockholm Action Program. There were no legally binding outcomes resulting from the Stockholm Conference. Principle 21 of the Declaration was a restatement of law already in existence since Roman times, namely that of ‘good neighborliness’. The Action Plan was never successfully followed by any country.12 3.5. Rio Conference, 1992: The 1992 Rio Conference, UNCED (also known as the Earth Summit) led to the adoption of several important legally binding environmental treaties, being the 1992 United Nations Frame work Convention on Climate Change and the 1992 Convention on Biological Diversity. In addition to these, the parties adopted a ‘soft law’ (non-binding agreement) Declaration on Environment and Development which reaffirmed the Stockholm Declaration and provided 27 principles guiding environment and development (now referred to as the Rio Declaration). Another influential soft law document that the parties adopted was agenda 21, a guide to implementation of the treaties agreed to at the Summit and a guide as to the principles of sustainable development. Agenda 21 also established the United Nations Commissions on Sustainable Development (CSD) and the 12

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Global Environment Facility (GEF). Finally, the non-legal, non-binding Forest Principles were formed at the Earth Summit.13 3.6. The major lacking of Stockholm Conference 1972 with Comparing RIO Declaration: The UNCED held in Rio Janirio in June 1992 was also marked for introducing a new overarching field of International law for sustainable development. It intends to address global environmental issues embodied in the agenda 21 without affecting the international environmental law as a distinctive branch.14 In some particular ways the 1992 Rio Conference is wider than the Stockholm Conference, 1972.

1.

Principle-21 of Stockholm Conference:

States have in accordance with the charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdictions or control do not cause damage to the environment of other states on of areas beyond the limits of natural jurisdiction.

Principle-2 of Rio Conference (UNCED): States have in accordance with the charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdictions or control do not damage to the environment of other states on of areas beyond the limits of national.

Stockholm Conference does not mention developmental policies.

2.

13

Ibid

14

Ibid

Principle.22 of Stockholm Conference:

States shall cooperate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such states to areas beyond their jurisdiction.

Principle.27 of Rio Conference (UNCED): States and people shall cooperate in good faith and in a spirit of partnership in the fulfillment of the principles embodied in this declaration and in the further development of international law in the field of sustainable development.

So, sustainable development is established in Rio Conference.

3.

Principle.7 of Rio Conference:

States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the earth’s ecosystem. In view of the different contribution to global environmental degradation, states have common but differentiated responsibilities.

The developed countries acknowledge the responsibility that they bear in the international pursuit to sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.

Principle.3 of Rio Conference (UNCED): The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations So, common but differentiated responsibilities and equitable meet for present and future generation is mentioned in Rio Conference not Stockholm.

P.23 of Stockholm:

Without prejudice to such criteria as may be agreed upon by the international community or to standards which will have to be determined nationally, it will be essential in all causes to consider the system of values prevailing in each country, and the extent of the applicability of standards which are valid for the most advanced countries but which may be in appropriate and of unwarranted social cost for the developing countries.

Principle.11 of Rio: State shall enact effective environmental legislation. Environmental standards, management objectives and priorities should reflect the environment and development context to which they apply. Standards applied by some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular developing countries.

5. Principle.15 of Rio: In order to protect the environment, the precautionary approach shall be widely applied the states according to their capabilities. Where there are threats of serious or irreversible damage luck of full scientific certainty shall not be used as a reason for postponing costeffective measures to prevent environmental degradation.

But Stockholm not mentioned precautionary approach.

6. Principle.16 of Rio: National Authorities should endeavour to promote the initialization of environmental costs and the use of economic instruments taking into account the approach that the polluter should in principle bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.

Stockholm Conference not such type of nature.

7.

Principle.18 of Rio:

State shall immediately notify other states of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those states.

Every effort shall be made by the international community to help states so afflicted.

Stockholm Conference has no Principle for right of information.15 Principle.19 of Rio: States shall provide prior and timely notification and relevant information to potentially affected states on activities that may have a significant adverse transboundary environmental effect and shall consult with those states at an early stage and in good faith.

8.

Principle.26 of Rio:

States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the charter of the United Nations.

Stockholm Conference does not mention to share the environmental disputes peacefully.

9.

Principle.20 of Rio (Women):

Women have a vital note in environmental management and development. Their full participation is therefore essential to achieve sustainable development.

P.21 of Rio (Youth): The creativity ideas and courage of the youth of the world should be mobilized to forge a global partnership in order to achieve sustainable development and ensure a better future for all.

15

Ibid

Principle.22 Communities Indigenous People: Indigenous people and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. State should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.

But Stockholm Conference has not any provision for right of women, right of indigenous people and youth. So, UNCED is a great achievement for environmental issue.

3.7.

Sustainable Development:

Sustainable development is a pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for future generations. The term was used by the Brundtland Commission which coined what has become the most often-quoted definition of sustainable development as development that "meets the needs of the present without compromising the ability of future generations to meet their own needs."16 Sustainable development ties together concern for the carrying capacity of natural systems with the social challenges facing humanity. As early as the 1970s "sustainability" was employed to describe an economy "in equilibrium with basic ecological support systems." Ecologists have pointed to the “limits of growth” and presented the alternative of a “steady state economy” in order to address environmental concerns.

•

The field of sustainable development can be conceptually broken into three

constituent parts: environmental sustainability, economic sustainability and sociopolitical sustainability.

The concept has included notions of weak sustainability, strong sustainability and deep ecology. Sustainable development does not focus solely on environmental issues. The United Nations 2005 World Summit Outcome Document refers to the "interdependent and mutually reinforcing pillars" of sustainable development as economic development, social development, and environmental protection.

16

http//en.wikipedia.org./wiki/Sustainable_development Date-16.08.2009

Indigenous people have argued, through various international forums such as the United Nations Permanent Forum on Indigenous Issues and the Convention on Biological Diversity, that there are four pillars of sustainable development, the fourth being cultural.

The Universal Declaration on Cultural Diversity (UNESCO, 2001) further elaborates the concept by stating that "...cultural diversity is as necessary for humankind as biodiversity is for nature”; it becomes “one of the roots of development understood not simply in terms of economic growth, but also as a means to achieve a more satisfactory intellectual, emotional, moral and spiritual existence". In this vision, cultural diversity is the fourth policy area of sustainable development.17 Economic Sustainability: Agenda 21 clearly identified information, integration, and participation as key building blocks to help countries achieve development that recognises these interdependent pillars. It emphasises that in sustainable development everyone is a user and provider of information. It stresses the need to change from old sector-centred ways of doing business to new approaches that involve cross-sectoral coordination and the integration of environmental and social concerns into all development processes. Furthermore, Agenda 21 emphasises that broad public participation in decision making is a fundamental prerequisite for achieving sustainable development.

Sustainability is a process which tells of a development of all aspects of human life affecting sustenance. It means resolving the conflict between the various competing goals, and involves the simultaneous pursuit of economic prosperity, environmental quality and social equity famously known as three dimensions (triple bottom line) with is the resultant vector being technology, hence it is a continually evolving process; the ‘journey’ (the process of achieving sustainability) is of course vitally important, but only as a means of getting to the destination (the desired future state). However, the ‘destination’ of sustainability is not a fixed place in the normal sense that we understand destination. Instead, it is a set of wishful characteristics of a future system.

Green development is generally differentiated from sustainable development in that Green development prioritizes what its proponents consider to be environmental 17

Ibid

sustainability over economic and cultural considerations. Proponents of Sustainable Development argue that it provides a context in which to improve overall sustainability where cutting edge Green development is unattainable. For example, a cutting edge treatment plant with extremely high maintenance costs may not be sustainable in regions of the world with fewer financial resources. An environmentally ideal plant that is shut down due to bankruptcy is obviously less sustainable than one that is maintainable by the community, even if it is somewhat less effective from an environmental standpoint.18 Some research activities start from this definition to argue that the environment is a combination of nature and culture. The Network of Excellence "Sustainable Development in a Diverse World", sponsored by the European Union, integrates multidisciplinary capacities and interprets cultural diversity as a key element of a new strategy for sustainable development.

Still other researchers view environmental and social challenges as opportunities for development action. This is particularly true in the concept of sustainable enterprise that frames these global needs as opportunities for private enterprise to provide innovative and entrepreneurial solutions. This view is now being taught at many business schools including the Center for Sustainable Global Enterprise at Cornell University and the Erb Institute for Global Sustainable Enterprise at the University of Michigan.

The United Nations Division for Sustainable Development lists the following areas as coming within the scope of sustainable development: 19 Agriculture ,Atmosphere. Biodiversity, Capacity-building, Climate Change Consumption and Production Patterns, Demographics, Desertification and Drought , Disaster Reduction and Management, Education and Awareness, Ecology,Ecosystem etc.

Sustainable development is an eclectic concept, as a wide array of views fall under its umbrella. The concept has included notions of weak sustainability, strong sustainability and deep ecology. Different conceptions also reveal a strong tension between ecocentrism 18

Ibid

19

Ibid

and anthropocentrism. The concept remains weakly defined and contains a large amount of debate as to its precise definition.

During the last ten years, different organizations have tried to measure and monitor the proximity to what they consider sustainability by implementing what has been called sustainability metrics and indices.

Sustainable development is said to set limits on the developing world. While current first world countries polluted significantly during their development, the same countries encourage third world countries to reduce pollution, which sometimes impedes growth.

Some consider that the implementation of sustainable development would mean a reversion to pre-modern lifestyles.

Others have criticized the overuse of the term: "The word sustainable has been used in too many situations today, and ecological sustainability is one of those terms that confuse a lot of people. You hear about sustainable development, sustainable growth, sustainable economies, sustainable societies, and sustainable agriculture. Everything is sustainable (Temple, 1992)."

Brundtland Commission: The Brundtland Commission, formally the World Commission on Environment and Development (WCED), known by the name of its Chair Grow Harlem Brundtland, was convened by the United Nations in 1983. The commission was created to address growing concern "about the accelerating deterioration of the human environment and natural resources and the consequences of that deterioration for economic and social development." In establishing the commission, the UN General Assembly recognized that environmental problems were global in nature and determined that it was in the common interest of all nations to establish policies for sustainable development.

Resolution establishing the Commission:

The 1983 General Assembly passed Resolution 38/161; "Process of preparation of the Environmental Perspective to the Year 2000 and Beyond" establishing the Commission.

In A/RES/38/161, the General Assembly: "8. Suggests that the Special Commission, when established, should focus mainly on the following terms of reference for its work: (a) To propose long-term environmental strategies for achieving sustainable development to the year 2000 and beyond; (b) To recommend ways in which concern for the environment may be translated into greater co-operation among developing countries and between countries at different stages of economic and social development and lead to the achievement of common and mutually supportive objectives which take account of the interrelationships between people, resources, environment and development; (c) To consider ways and means by which the international community can deal more effectively with environmental concerns, in the light of the other recommendations in its report; (d) To help to define shared perceptions of long-term environmental issues and of the appropriate efforts needed to deal successfully with the problems of protecting and enhancing the environment, a long-term agenda for action during the coming decades, and aspirational goals for the world community, taking into account the relevant resolutions of the session of a special character of the Governing Council in 1982;" Brundtland Report: The Report of the Brundtland Commission, Our Common Future, was published by Oxford University Press in 1987. The Report is available in HTML format, one version with links to cited documents, and an easy-to-read full version is available at the Center for a World in Balance. The Report was welcomed by the General Assembly in its resolution 42/187.

The report deals with sustainable development and the change of politics needed for achieving that. The definition of this term in the report is quite well known and often cited:

"Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It contains within it two key concepts: •

The concept of 'needs', in particular the essential needs of the world's poor, to

which overriding priority should be given; and •

the idea of limitations imposed by the state of technology and social organization

on the environment's ability to meet present and future needs."

Notes and references 1.

United Nations. 1983. "Process of preparation of the Environmental Perspective

to the Year 2000 and Beyond." General Assembly Resolution 38/161, 19 December 1983. Retrieved: 2007-04-11.

2.

Our Common Future, Report of the World Commission on Environment and

Development, World Commission on Environment and Development, 1987. Published as Annex to General Assembly document A/42/427, Development and International Cooperation: Environment August 2, 1987. Retrieved, 2007.11.14 3.

Easy-to-read version of Our Common Future, Report of the World Commission

on Environment and Development, at the Center for a World in Balance. Retrieved, 2008.12.06 4.

United Nations. 1987. Report of the World Commission on Environment and

Development, General Assembly Resolution 42/187, 11 December 1987. Retrieved: 2007-11-14 The above discussions reveal the fact that the principles of international environmental law reflected in the multilateral environmental have been formulated at various stages of environmental regime. Some of them have already acquired the status of customary international law, while the others are still evolving. It is also apparent that the scholars express contradictory views about their legal status. However, their increasing use by the international community reflects its political commitment to give further effect to these principles.

Moreover, these principles have been embodied in some recent conventions and protocols as a standard of framing out the detailed obligations for the parties. A proper appreciation

of the legal status of these principles can be a useful means to examine and understand the extent of obligations of developing countries under various multilateral environmental treaties.20 CHAPTER-IV Approach of the Developed Country in Global Warming and Climate Change

20

4.1. Climate change – a developing country: The issue of climate change from a developing country perspective and develops an outline of a win-win-oriented climate policy around development priorities.

It demonstrates how the great climate debate between the ‘skeptics’ and ‘supporters’ does not lead developing countries anywhere. The article shows that the emerging middle-path approach, which suits developing countries, will lead to win-win opportunities both for the environment and the economy. The proponents of this approach are termed as ‘climate realists’, who consider climate mitigation as a by-product of sustainable development solutions. The article also discusses the issue of discount rate that should be applied for problems which are likely to peak in the medium to long-term future. Finally, various market-based mechanisms with ‘no-regret options’ are discussed and we advocate the use of sustainable development paradigm for climate-change policies.

The division of world opinion on the certainty of climate change adds to the woes of developing countries. Scientists acknowledge a temperature increase of the earth and attribute this episode of global warming to human activity of fossil-fuel burning. However, what scientists disagree is on the magnitude and speed of future climate change and hence the response pattern. One school of thought urges ‘rapid action’, whereas the other advocates ‘wait and watch’ policy. The uncertainties hover around the following facts: whether GHGs and aerosol concentrations increase, stay the same or decrease; how strongly the features of the climate (e.g. temperature, precipitation and sea level) respond to changes in GHG and aerosol concentrations, and how much the climate varies as a result of natural influences (e.g. from volcanic activity and changes in the intensity of the sun) and its internal variability (referring to random changes in the circulation ofthe atmosphere and oceans). The uncertainty of the exact nature or timing of the impacts means that a flexible and responsive approach to climate preparation will be needed.

Faced with these challenges of climate change, economic development and sustainability, the future of energy and environmental policies in developing countries has been a hot topic among policy makers and academics. The most promising policy approaches would be those that capitalize on natural synergies between development priorities and climate protection, which simultaneously advance both these efforts.21 4.2. States and local governments: The Framework Convention on Climate Change is a treaty negotiated between countries at the UN; thus individual states are not free to participate independently within this Protocol to the treaty. Nonetheless, several separate initiatives have started at the level of state or city. Eight Northeastern U.S. states created the Regional Greenhouse Gas Initiative (RGGI), a state level emissions capping and trading program, using their own independently-developed mechanisms. Their first allowances were auctioned in November 2008. •

Participating states: Maine, New Hampshire, Vermont, Connecticut, New York, New Jersey, Delaware, Massachusetts, and Maryland (these states represent over 46 million people, 20% of the US population).

•

Observer states and regions: Pennsylvania, District of Columbia, Rhode Island.

On 27 September 2006, California Governor Arnold Schwarzenegger signed into law the bill AB 32, also known as the Global Warming Solutions Act, establishing a timetable to reduce the state's greenhouse-gas emissions, which rank at 12th-largest in the world, by 25% by the year 2020. This law effectively puts California in line with the Kyoto limitations, but at a date later than the 2008-2012 Kyoto commitment periods. Many of the features of the Californian system are similar to the Kyoto mechanisms, although the scope and targets are different. The parties in the Western Climate Initiative expect to be compatible with some or all of the Californian model.

As of 14 June 2009, 944 U.S. cities in 50 states, the District of Columbia and Puerto Rico, representing over 80 million Americans support Kyoto after Mayor Greg Nickels of Seattle started a nationwide effort to get cities to agree to the protocol. On 29 October 21

Ibid

2007, it was reported that Seattle met their target reduction in 2005, reducing their greenhouse gas emissions by 8 percent since 1990.

4.3. Support: Advocates of the Kyoto Protocol state that reducing these emissions is crucially important, as carbon dioxide is causing the Earth's atmosphere to heat up. This is supported by attribution analysis.

Most prominent among advocates of Kyoto have been the European Union and many environmentalist organizations. The United Nations and some individual nations' scientific advisory bodies (including the G8 national science academies) have also issued reports favoring the Kyoto Protocol.

An international day of action was planned for 3 December 2005, to coincide with the Meeting of the Parties in Montreal. The planned demonstrations were endorsed by the Assembly of Movements of the World Social Forum.

A group of major Canadian corporations also called for urgent action regarding climate change, and have suggested that Kyoto is only a first step.

In the United States, there is at least one student group, Kyoto Now!, which aims to use student interest to support pressure towards reducing emissions as targeted by the Kyoto Protocol compliance.

4.4. Opposition: Some argue the protocol does not go far enough to curb greenhouse emissions (Niue, The Cook Islands, and Nauru added notes to this effect when signing the protocol).

Some environmental economists have been critical of the Kyoto Protocol. Many see the costs of the Kyoto Protocol as outweighing the benefits, some believing the standards which Kyoto sets to be too optimistic, others seeing a highly inequitable and inefficient agreement which would do little to curb greenhouse gas emissions. Finally, some economists such as Gwyn Prins and Steve Rayner think that an entirely different approach needs to be followed than the approach suggested by the Kyoto Protocol.

Further, there is controversy surrounding the use of 1990 as a base year, as well as not using per capita emissions as a basis. Countries had different achievements in energy

efficiency in 1990. For example, the former Soviet Union and eastern European countries did little to tackle the problem and their energy efficiency was at its worst level in 1990, the year just before their communist regimes fell. On the other hand, Japan, as a big importer of natural resources, had to improve its efficiency after the 1973 oil crisis and its emissions level in 1990 was better than most developed countries. However, such efforts were set aside, and the inactivity of the former Soviet Union was overlooked and could even generate big income due to the emission trade. There is an argument that the use of per capita emissions as a basis in the following Kyoto-type treaties can reduce the sense of inequality among developed and developing countries alike, as it can reveal inactivities and responsibilities among countries.

4.5. Cost-benefit analysis: Economists have been trying to analyze the overall net benefit of Kyoto Protocol through cost-benefit analysis. There is disagreement due to large uncertainties in economic variables. Some of the estimates indicate either that observing the Kyoto Protocol is more expensive than not observing the Kyoto Protocol or that the Kyoto Protocol has a marginal net benefit which exceeds the cost of simply adjusting to global warming.

However, a study by De Leo et al. found that "accounting only for local external costs, together with production costs, to identify energy strategies, compliance with the Kyoto Protocol would imply lower, not higher, overall costs."

The recent Copenhagen consensus project found that the Kyoto Protocol would slow down the process of global warming, but have a superficial overall benefit. Defenders of the Kyoto Protocol argue, however, that while the initial greenhouse gas cuts may have little effect, they set the political precedent for bigger (and more effective) cuts in the future. They also advocate commitment to the precautionary principle.

4.6. Discount rates: One problem in attempting to measure the "absolute" costs and benefits of different policies to global warming is choosing a proper discount rate. Over a long time horizon such as that in which benefits accrue under Kyoto, small changes in the discount rate create very large discrepancies between net benefits in various studies. However, this difficulty is generally not applicable to "relative" comparison of alternative policies under

a long time horizon. This is because changes in discount rates tend to equally adjust the net cost/benefit of different policies unless there are significant discrepancies of cost and benefit over time horizon.

It has been difficult to arrive at a scenario under which the net benefits of Kyoto are positive using traditional discounting methods such as the Shadow Price of Capital approach.

5.7. Increase in greenhouse gas emission since 1990 Below is a list of the change in greenhouse gas emissions from 1990 to 2004 for some countries that are part of the Climate Change Convention as reported by the United Nations.

Table-1 Change greenhouse Country

Denmark Germany Canada Australia Spain Norway New Zealand France Greece Ireland Japan United

in Change gas greenhouse

in gas

Emissions (1990- Emissions (1990-

EU

Assigned

Objective

Treaty Obligation

2004)

2004)

excluding

including

LULUCF -19% -17% +27% +25% +49% +10%

LULUCF -22.2% -18.2% +26.6% +5.2% +50.4% -18.7%

-20% -21% n/a n/a +15% n/a

-11% -8% -6% +8% -8% +1%

+21%

+17.9%

n/a

0%

-0.8% +27% +23% +6.5%

-6.1% +25.3% +22.7% +5.2%

0% +25% +13% n/a

-8% -8% -8% -6%

for 2012

2008-2012

-14% -58.8% -12.5% -8% Kingdom Portugal +41% +28.9% +27% -8% EU-15 -0.8% -2.6% n/a -8% Below is a table of the changes in greenhouse gas emissions of some countries.

Country

Change

in

greenhouse

gas

Emissions (1992-2007) India +103% China +150% United States +20% Russian Federation -20% Japan +11% Worldwide Total +38% Comparing total greenhouse gas emissions in 2004 to 1990 levels, the U.S. emissions were up by 15.8%, with irregular fluctuations from one year to another but a general trend to increase. At the same time, the EU group of 23 (EU-23) Nations had reduced their emissions by 5%. In addition, the EU-15 group of nations (a large subset of EU-23) reduced their emissions by 0.8% between 1990 and 2004, while emission rose 2.5% from 1999 to 2004. Part of the increases for some of the European Union countries are still in line with the treaty, being part of the cluster of countries implementation.

As of year-end 2006, the United Kingdom and Sweden were the only EU countries on pace to meet their Kyoto emissions commitments by 2010. While UN statistics indicate that, as a group, the 36 Kyoto signatory countries can meet the 5% reduction target by 2012, most of the progress in greenhouse gas reduction has come from the stark decline in Eastern European countries' emissions after the fall of communism in the 1990s.

CHAPTER-V National Laws and Policies about Envirnment 5.1. Major Environmental instrument in Bangladesh: a) The Environmental Policy, 1992. b) The Environment Action Plan, 1992 c) The Bangladesh Environment Conservation Act, 1995 and Rules, 1997 d) The Environment Court Act, 2000 5.2. Bangladesh: Environmental Issues: Environmental degradation and depletion of natural resources are often observed in Bangladesh due to poverty, over-population and lack of awareness on the subject. It is manifested by deforestation, destruction of wetlands, depletion of soil nutrients, etc.

Natural calamities like floods, cyclones and tidal-bores also result in severe socioeconomic and environmental damage.22 Waterborne diseases such as cholera are a serious threat to public health in Bangladesh.

Until the 1970s, many of Bangladesh's people became sick from drinking polluted water drawn from surface rivers. Aid agencies such as the United Nations Children's Fund (UNICEF) built shallow wells throughout the country to help provide a safe source of drinking water to Bangladesh's poor.

In the 1990s, however, it was discovered that many of these wells were contaminated by arsenic, a poison that occurs naturally in Bangladesh's alluvial soils. The World Bank estimates that 25 percent of the country's 4 million wells may be contaminated by arsenic.

In 1998 the World Bank granted Bangladesh a $32.4 million credit to identify contaminated wells and develop alternative sources of safe drinking water.

In recent years, the government has taken some important steps towards protection of the environment, environmentally sound use of natural resources and pollution control, Adoption of National Environment Policy and formulation of National Conservation Strategy and the National Environment Management Action Plan are some of the measures undertaken by the government to integrate environment with development in a policy framework.

To take prompt legal action against environmental pollution, the government has recently set up Environment courts. The Environment Conservation Rules 1997 has also been passed by the Parliament. The Department of Environment is taking measures to carry out surveys on identification and control of polluting industries, river pollution and automobile pollution.

5.3. Position of Bangladesh of the Convention on Biological Diversity: Bangladesh is rich in biodiversity. The country has about 113 species of mammals, over 630 species of birds, 125 species of reptiles and 22 species of amphibians. It has 260 freshwater species and 475 marine species. As far available information, other faunal http://74.125.95.132/search?

22

q=cache:6E7iZcA6iSgJ:www.discoverybangladesh.com/meetbangladesh/env_issue.html+&cd=2 &hl=en&ct=clnk&gl=bd Date of Acession

species include 327 mollusks and 66 corals. Status of insect species is not available but it is reported to be highly diverse.23 Bangladesh has been the abode of 5000 angiosperm species and several subspecies. Of them 160 species are used as crops. The crops are rice, wheat, jute, pulses, oilseed plants, minor cereals, sugar corps, fruit plants, vegetables, root rubber crops, spices, forest trees, beverage crops, flowers, medicinal and aromatic plants and other wild plants.

Rice grows throughout Bangladesh which has 30 agro- ecological zones. During 1910 to 1925 about 2000 Aus, Transplanted Aman and deep water traditional rice varieties were collected out of which 800 were deep water rice. By 1960, the collection of indigenous rice varieties rose to about 3000. During 1979-80, a total of 12479 names of rice were listed by a survey in the country.

Bangladesh has signed, ratified, accepted and acceded to CITES, World Heritage Convention, Ramsar Convention, CBD, Climate Change Convention and Convention to Combat Desertification. Thus it adheres and commit to the conservation of biodiversity and the environment.

Since signing and ratification of the CBD respectively in 1992 and 1994, the status of implementation of CBD in Bangladesh can be measured on the following activities as outlined against the concerned issue and Article of the CBD below: Article – 5 (Cooperation) This article provides mandate to the Contracting Parties (CP) to cooperate directly or indirectly with other contracting parties (other CPs) regarding conservation and sustainable use of biodiversity in respect of areas beyond national jurisdiction and other matters of mutual interests.

Bangladesh faces the Bay of Bengal in the south and has international border with India in the west, north and northeast; and Myanmar in the southeast. It has very similar biodiversity both in ecosystem and species with the above two countries. Till date we have not been able to identify any issue in respect of constraints of biodiversity

23

http://204.42.137.218/biodiv_iucn.htm

conservation. However, we have signed agreement with India for sharing of Ganges water. Recently, we are in the process to develop common approach for conservation of Sundarbans, particularly the World Heritage Sites of the Sundarbans of both part of Bangladesh and India.

Article – 6 (Strategies, Plans and Programmes) Contracting parties shall develop national strategies, plans or programmes for the conservation of biological diversity.

Bangladesh has initiated the preparation of Biodiversity Strategies and Action Plan (BSAP) for conservation of biodiversity in Bangladesh under the sponsorship of the GEF. Hopefully, the BSAP of Bangladesh will be completed within 2001. However, in the mean time, Bangladesh has prepared National Conservation Strategy (NCS) and the National Environment Management Action Plan (NEMAP). Both NCS and NEMAP contains national strategy and national program for conservation of sites important from biodiversity consideration.24 Article – 7 (Identification and Monitoring) This Article is about the ordering and use of information on biological diversity and biological resources for the purposes of Articles 8 – 10.

Bangladesh has high diversity of species and has also quite a diverse ecosystem. As for example the country has tiger, elephant, Ganges dolphin, White winged Wood Duck, and Palass’s fishing Eagle, Python, and River Terrapin which are globally threatened species.

We have been working for conservation of these species along with their habitats since emergence of Bangladesh as an independent country. IUCN Bangladesh Country Office has prepared Red Data Book of animals and these are under process of printing. We have undertaken small initiatives with the cooperation of IUCN Bangladesh Country Office and Bangladesh National Biodiversity Group for generation of knowledge for conservation of the high profile and threatened biodiversity of the country. Under the programme of Waterfowl census, we share with the regional programme and count

24

Ibid

waterfowls in the major wetland sites of the country in the month of January and February every year.25 Recently, faunal survey has been completed in five ecologically critical areas – namely St. Martins Island, Himchari Coastal Belt, Tanguar Haor, Baind Tract and Chalan Beel.

National Herbarium has also conducted floral survey in these areas.

Article – 8 (In situ Conservation) This Article provides the main set of convention obligations to conserve biological diversity through conservation of ecosystems, wild species and genetic diversity.

As a means to conserve biodiversity in situ condition, Bangladesh has three acts in which there are provisions for conservation of biodiversity through creation of Wildlife Sanctuary, National Park, Game Reserve, Fish Sanctuary, and Ecologically Critical Area (ECA). So far, we have established 8 wildlife sanctuaries, 5 national parks and 1 game reserve under the provisions of the Bangladesh Wildlife (Preservation) Order, 1973; and seven ECAs under the Bangladesh Environment Act, 1995. Fish sanctuary is established under the Bangladesh Fish Act, 1950 for seasonal protection of fishes, and their habitats.

Very recently, the Council of Ministers (Cabinet) has approved a proposal to continue the moratorium on logging of trees in the reserve forests of the country. It should be mention here that the moratorium was imposed in 1989 by the Ministry of Environment and Forest.

Article – 9 (Ex situ Conservation) This Article provides for measures to be adopted by the CPs for conservation of biodiversity in ex situ condition.

Bangladesh has ex situ gene bank facilities. An important gene bank has been established for conservation of rice genetic resources is located in the Bangladesh Rice Research Institute. This bank has so far collection of 4523 varieties of traditional rice and including exotic varieties. It has a total of 7439 collection of rice varieties.

Article – 10 (Sustainable use of components of biological diversity)

25

Ibid

Under this Article the CPs shall integrate consideration of the conservation and sustainable use of biological resources into national decisions making.

Prior to the signing and ratification of CBD by Bangladesh, it completed two major conservation initiatives namely a) National Conservation Strategy (NCS) and b) National Environmental Management Action Plan (NEMAP).

Under NCS the country undertook a project titled "National Conservation Strategy Implementation Project – I". This project has the main purpose to prepare management plan in the biologically rich and intensively used ecosystems. The two main ecosystems included in this project are i) Tanguar Haor in the northeast region of Bangladesh and ii) The southeast hill forest including the only offshore island – Narikel Jinjira (St. Martins).

This project is at its final stage of implementation.

Under NEMAP, the country has undertaken for implementation of a project titled "Sustainable Environment Management Programme" (SEMP). This project has total of 26 components of which three components are directly concerned with the conservation of biodiversity in the wetlands and in the floodplains of the country through community participations.

In addition to the above two initiatives the concerned sectoral and sub-sectoral authorities e.g. Ministry of Environment and Forest through Forest Department, Forest Research Institute, Bangladesh National Herbarium and Department of Environment have various normal and development activities for conservation of biodiversity at species and ecosystem level. The current major development projects of Forest Department are Forest Resource Management Project (FRMP), Forestry Sector Project (FSP), Green belt project in the coastal districts and Biodiversity Conservation of Sundarbans Reserve Forest.

Forest Department has also implemented the training part of the project on "Training on Conservation of Wetlands in Bangladesh" funded under the SGS of Ramsar Convention.

The other component of the project for preparation of a Wetland Conservation and Training Manual is under progress.

Department of Environment (DoE) has completed implementation of the pre-feasibility part of a project for conservation of biodiversity in the wetlands of the country. Currently, DoE has undertaken a project for biodiversity conservation for preparation Bangladesh Environmental Management Plan (BEMP).

Ministry of Fisheries and Livestock has implemented 3rd phase of the fisheries management project. It has now initiated implementation of 4th phase of the fisheries management project.

Bangladesh Agricultural Research Council (BARC) is an agency responsible for coordination of research for conservation of biodiversity in the country. It also assists for preparation of Policies, Acts and Guidelines in agricultural sub-sector of the agriculture sector. This agency has assisted drafting of the bio-safety rules for approval of the competent authority.

Article – 11 (Incentive measures) This Article has provision for adoption of economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity.

Bangladesh has not yet been initiated for adopting tools of biodiversity conservation.

Article – 12 (Research and Training) Under this Article the contracting parties shall have to establish and maintain programmes for scientific and technical education and training for identification, conservation and sustainable use of biological diversity.26 Bangladesh has by now, established several training and research institutes in addition to the scientists and teachers working in the universities and non-governmental organizations. Besides, the Ministry of Science and Technology has been conducting academic researches in the field of biodiversity since the independent of the country.

Moreover, every sectors and sub-sectors has training and research institute for 26

Ibid

development and management of biodiversity in the country. As for example, there are several research institute for agricultural crop biodiversity, such as Bangladesh Agricultural Research Institute, Bangladesh Rice Research Institute and Bangladesh Jute Research Institute. Forestry sub-sector has Forest Research Institute; Fisheries sub-sector has Freshwater Fisheries Research Institute, Brackish water Fisheries Research Institute, Tidal water Fisheries Research Institute; and Livestock Department has Livestock Research Institute. There is an institute for Tea Development in the country.

The most important gap regarding biodiversity research and training is the lack of any institute for taxonomy of biodiversity. For this reason, the concerned field managers are not in a position to identify the biodiversity and biological resources for proper conservation and management as per requirement of the national and international purposes as well as implementation of CBD in the country.

Article – 13 (Public education and awareness) This Article has the mandate to promote and encourage understanding of the importance of biodiversity.

In Bangladesh, all development projects contain components for public awareness and education with priority basis.

Article – 14 (Impact Assessment and minimizing adverse impacts) The DoE has Environmental Impact Assessment (EIA) Rules, which are applied for establishment of industrial and big infra-structural development project. Under the 1995 Environment Conservation Act (ECA), EIA is mandatory for all development projects.

The rules and regulations framed in 1997 under the 1995 ECA, provides detailed procedures for EIA and project approval. In the EIA rules, the industries have been grouped into three classes:27 (i)

most pollutant industries,

(ii)

moderately pollutant industries and

27

Ibid

(ii)

pollution free industries. For category (i) and (ii) industries, EIA and EMP (Environment Management Plan) must be fulfilled.

Article – 15 (Access to genetic resources) One of the components of this Article is to create conditions for facilitation of access to genetic resource for environmentally sound uses by the CPs and not to impose restrictions.

Bangladesh has been working for generation of information for enabling the focal points of CBD and the concerned authorities to adopt legal documents in this regard for implementation of this Article of CBD in the country. 28 5.4. Demands for Grants and Appropriations 2009-10: Ministry of Environment and Forest: Functions, Allocations and Activities 1. The main function of the Ministry of Environment and Forest are: a. Preservation and development of environment and pollution control; b. Follow up and implementation of Regional International Convention/Treaty/Protocols relating to environment, forests and wild animals; c. Environmental and Forest related research and Training; d. Implementation of social afforestation programmes including plantation, new afforestation, and extraction of forest resources; e. Preservation, extension, development of forest resources (public and private) and preparation of the list of plants; f. Conservation of wild lives and biodiversity, expansion of eco-tourism (environment friendly) and wildlife sanctuaries and establishment of ecoparks; g. Preservation of Botanical Garden, identification, preservation and survey of plant species; and h. Establishment of forest resource-based industries and its marketing.

28

Ibid

1. The revised budget allocation (Non-Dev & Dev) for FY 2006-07 to FY 200809 and the proposed allocation (Non-Dev & Dev) for FY 2009-10 of the Ministry of Environment and Forest are shown below: Table-2

29

Financial Year

Non-

Development

Total

85,63,00,000

234,90,77,000

98,23,00,000 71,23,00,000 87,43,00,000

278,83,38,000 250,95,23,000 279,06,52,000

2006-07

Revised Budget

Development 149,27,77,000

2007-08 2008-09 2009-10

Revised Budget Revised Budget Budget

180,60,38,000 179,72,23,000 191,63,52,000

3. In FY 2009-2010 following important activities/projects/ programmes are scheduled to be implemented. a. Implementation of 39 projects under ADP and 17 programmes under revenue budget; b. A total of 8904.00 hectares woodlot and 753.10 km. strip plantation establishment and 18.779 lakh seedlings rising have been targeted for implementation; c. A total of 4314.00 hectares woodlot, 412.40 km. strip plantation and 22.27 lakh seedlings have been targeted under proposed development projects; d. A total of 1500.00 hectares plantation and 870.00 km. strip plantation will be established under revenue budget; e. Ensuring the control of industrial pollution by implementing Environment Conservation Act, 1995; f. Establishment of Effluent Treatment Plant would be made compulsory for pollution emitting industries finance by Government of Bangladesh (GoB); g. Implementation of and investment project titled “Forestry Technology Development and Dissemination� and h. Raising and distribution of 1, 00,000 improved forest tree seedlings including bamboo, cane and medicinal plants.

29

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4. Activities for development of woman: a. Ensure 50% participation of poor women on priority basis in plantation programme to increase their income; and b. Develop social awareness and to make the women economically solvent through the participation of woman (approximately 50%) in the partnership tree plantation programme.

As a group of lawyers, BELA was established in 1992 with the broad objective of promoting environmental justice and contributing to the development of sound environmental jurisprudence. Environment and natural resources support the lives and livelihood of majority of the people in Bangladesh in numerous invaluable ways. Two third of the Gross Domestic Products (GDP) comes from agriculture whereas sixty percent of the people have their only protein intake from the rich sweet water fishery of the country. Bangladesh shares with India the largest mangrove forest of the world and the largest unbroken coastline. The country has an extensive network of about 300 rivers with a flow of 25, 000 kilometres. The hill areas of Bangladesh are known for their rich biodiversity and cultural diversity.

While Bangladesh could have been known in the world for its rivers, coastal areas, forests, biodiversity and related culture, the country instead has been portrayed as a land of dense population, disasters and miseries. This has happened mainly due to faulty policy priorities and approaches and of course poor governance that also accounts for non-implementation of environmental laws. A narrow and isolated law/policy making trend resulted in over exploitation of resources nullifying the notion of sustainable use and utilization and undermining peoples’ dependence on the same. The environment in Bangladesh is also challenged by some regional activities and vulnerability to global environmental crisis like climate change, sea level rise, trade in hazardous wastes and so on.

In such a backdrop, BELA started its mission as a legal advocacy group of young lawyers working out techniques and strategies in dealing with the legal regime for the protection of environment. Founded by Dr. Mohiuddin Farooque, the organization has led the

pathway for environmental legal activism in the country and has been the pioneer of public interest litigation in Bangladesh. BELA has adopted various means to create awareness amongst major the actors and the common people about their environmental rights and duties. BELA has published books and other awareness materials, all having relevance to the concept of environmental protection. It is also active in promoting the concept of participatory law making in the country.30 BELA is a member of IUCN-the World Conservation Union, Environmental Law Alliance Worldwide (E-LAW) and the South Asian Watch on Trade, Economics and Environment (SAWTEE).

5.5. Recommendations for Bangladesh's New Government: In keeping with Drishtipat's core focus on human rights, we urge the incoming government to deliver on an election manifesto that promised economic and human security for all citizens. In particular, given our focus on human rights, we believe this is a unique and historic moment for Bangladesh to respond to the needs and demands of ALL her citizens.

The history of impunity started with lack of justice against those who perpetrated war crimes during the liberation struggle. The trial must begin now along with investigations of political and extra judicial deaths, and it must be spearheaded by a strong, empowered, independent National Human Rights Commission. The government should reaffirm that real resolution of law and order problems is only possible through a strengthened and independent judiciary. So a total focus on judicial reform is an absolute priority. Part of this reform would also mean repealing various black laws of our country, which has in various times disenfranchised all citizens, and especially the minorities, and has been in violation of international treaties we have signed. This will also help us establish the respect that we deserve among the international community. To further enhance our international standing, we must harness the Global diaspora network that is spread worldwide. We must also ensure rights and dignity of millions of migrant workers, whose 30

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+regarding+envirnment+in+Bangladesh&cd=20&hl=en&ct=clnk&gl=bd

remittance is a key pillar of Bangladesh economy. In the international forums, Government must also argue the case of impact of climate change on Bangladesh from a position of strength, and from a point of view of basic economic rights of millions of people. Last but not the least, government must take specific policies and measures that help, promote and facilitate entrepreneurship among the rural and marginalized sections of our population though public-private enterprise collaboration. Based on the above context, we offer the following recommendations for the new government as a priority for the first year in office.31 Ensuring Rule of Law and Putting an End to Impunity: 1. Stop political interference in the judicial process, and take appropriate actions to appoint suitable judges and stop corruption in the judiciary.

2. Ensure full independence and accountability of the entire judiciary and establish a Judicial Reforms Commission to review outstanding concerns regarding appointments and related matters.

3. Begin immediate legal process for the trials of war criminals, working with Sector Commanders Forum, legal experts, forensic scientists and organizations that have been involved in documentation process over last 37 years.32 4. Develop a coordinated, comprehensive and transparent documentation process, review domestic and international laws for a war crimes tribunal and repeal of amnesty laws, assess capacity of existing legal institutions, identify national and international lawyers for prosecution and approach the international community for institutional support as well as support for providing documentation and extradition of war criminals if they are living in other countries.

5. Activate the newly formed National Human Rights Commission, and provide it with sufficient resources.

6. Expand the mandate to include ability to file legal cases against offenders.

31

http://drishtipat.org contact: info@drishtipat.org

32

Ibid

7. Sign and ratify international legal documents on human rights and ensure that national laws are reformed promptly in accordance with the international obligations.

8. Review policing practices and procedures to bring them into conformity with human rights standards, including through enactment of a law to replace the Police Act 1861, following further public consultations on the Draft Police Bill. Review and enact the Draft Jail Code following any necessary amendments through public consultation and discussion in Parliament.

9. Put an unambiguous stop to extra judicial killings by RAB and various other agencies.

10.Institute a constitutional ban on any form of torture while in custody, in line with international covenants on torture.

Rights of Global Bengali Diaspora 1. Full voting rights should be given to citizens of Bangladesh anywhere in the global Diaspora.

2. Implement programs to channel Diaspora remittance into productive investment in country's various economic sectors. Create large-scale incentive schemes to channel remittance through productive and transparent channels.

3. Put an immediate end to human trafficking in the name of migrant labour. Interest of the migrant workers must get top priority in national consulates and various international negotiations. State-funded mandatory training for all unskilled workers before they leave the country, on language of destination country, and also on basic legal rights must be ensured.

4. Register all recruitment agencies, with provisions for legal action against recruitment agencies for corruption or failure to comply with laws. Require all recruitment related transactions to be made through banks, but ensuring this is accomplished through a rapid and transparent process.

5. Establish and strengthen labour wings in all overseas consulates.

Rights of Ethnic, Religious & Linguistic Minorities, & Indigenous People:

1. Ensure express constitutional recognition of the rights of Adibas his in the plains and in the CHT, and also effectively implement existing constitutional provisions on affirmative action, and equal opportunities for all without discrimination on grounds of race, religion and language 2. Full implementation of 1997 Chittagong Hill Tracts Accord, with priority given to withdrawal of security camps from the Hill region.

3. Create a Land Commission to take appropriate actions to solve land related problems of the indigenous peoples of the plain land and Chittagong Hill Tracts 4. The Urdu-speaking community should be fully integrated into the economy and culture.

5. Fully repeal the Vested Property Act, and remove the inconsistencies in the 2001 Vested Property Return Act, and take appropriate actions to return or financially compensate for all properties acquired through Enemy Property Act and Vested Property Act. 6. Expand the mandate of the National Human Rights Commission to conduct a largescale research on representation of religious & ethnic minorities in public, private, education, government, defense, police and all other employment sectors.

7. Ensure effective implementation of existing quotas in public service and implementation of fair recruitment policies and non-discriminatory practices (on grounds including sex, race, religion, disability, age, language) in both public and private bodies.

Economic and Cultural Rights: 1. Facilitate business ownership and create policies that encourage micro, small and medium sector business particularly among the young and the women.

2. Enforce labour laws on health and safety and enable the factory inspectors to hold prompt and effective investigations into causes of worker deaths and injuries, and appropriate payment of compensations.

3. Adopt laws in accordance with High Court Guidelines to prevent eviction of slums without alternative resettlement.

4. Ensure a free space for cultural artists and free thinkers.

5. Enforcement of the original national women’s policy passed in 1997.

Rights of those affected by Climate Change: 1. Argue the case of climate change in international forum, from a position of strength by demanding justice and funds for the national adaptation fund based on the number of people affected by global warming in Bangladesh.

2. Ensure the national adaptation fund is monitored and managed by a national body rather than multi-laterals.

3. Present a stronger case for Bangladesh, by showing in international forums that the impact of climate change has already started in Bangladesh CHAPTER-VI Conclusion The broad agreement among climate scientists that global temperature will continue to increase has led some nations, states, corporations and individuals to take proper actions to limit global warming or adjust to it. Some encourages action against global warming individually, communally and by regional organizational effort. Others suggest a quota on worldwide CO2 emissions. However, we can take the following initiatives: 1. Decreasing emission of green house gases e.g., carbon dioxide, methane (CH4), Nitrous oxide (N2O), CFC etc.

2.Forestation 3. Use of eco-friendly goods 4. Well environmental management 5. Implementation of different international agreement and treaty favorable for sustainable environment. For example Kyoto protocol agreement.

This is a major cause of concern for Bangladesh because its physical geography is almost flat and the average height of land is only 30 feet from the sea level. Environ-ment

experts predict that if global warming continues, most of the coastal areas of Bangladesh would be inundated within a few years.

In addition, seawater would penetrate the country's fertile land and ruin thousands of hectares of cultivable land in the coastal areas. Our land will no longer be able to produce any crop, as it will be repeatedly washed away by salty water. There would be no existence of the Sunder bans (the world's largest mangrove forest and a well recognized site of world heritage), which would bring a great ecological imbalance. The most crucial fact that is likely to appear is food and habitat crisis in our country due to global warming.

The fact is we are going to be the worst affected by the impending environmental disaster, for which developed countries are mostly responsible, as they produce the bulk of greenhouse gases. The developed industrialized countries emit the largest quantity of those gases, which play a vital role in increasing the temperature of the atmosphere. We will suffer the most for actions that we were hardly responsible for.

In the last century, the amount of carbon dioxide in the atmosphere has increased dramatically because people started to burn vast amounts of fossil fuels: coal, petroleum and its derivatives. Burning these fossil fuels, as well as other activities such as clearing land for agriculture or urban settlements, release gases including car-bon dioxide, methane, and nitrous oxide can also trap heat in the atmosphere. Currently 44% of greenhouse gases come from burning fossil fuels and another 25 come from the deliberate burning of tropical rain forest. We may not stop burning fossil fuels but we can at lea reduce the usage of fossil fuels and certainly our whom hearted effort can stop the burning of tropical rain feasts which is also responsible for global warming. A these gases build up in the atmosphere, they trap mot heat near the earth's surface, causing earth's climate become warmer than it would naturally be Environmental coastal cities.

Many environment experts opine that Bangladesh is more vulnerable to such an environmental disaster. Therefore, whenever the term 'global warming' comes up, experts mention the name of Bangladesh, as it is going to be affected first and the most. Many plant and animal species will probably be driven into extinction; agriculture will be severely disrupted in many regions; hurricanes and droughts would be more frequent.

Dhaka City once had a natural drainage system with its intricate network of natural canals that served as water reservoirs after heavy rainfall and events of flood. But these canals and ponds have been filled up for construction of roads and houses. Unplanned and illegal constructions of buildings are greatly responsible for the floods that victimize the inhabitants of this city every year.

Discharge of untreated solid waste, sewerage and industrial effluent into the surrounding rivers and lakes is the main reason behind water pollution. All the four surrounding rivers of Dhaka- Buriganga, Shitalakhya, Turag and Balu are thoroughly polluted. People dump waste materials into these rivers although there are the Matuail, Bern Band and Uttara landfill sites where the collection, processing and dumping of solid waste is carried put in proper manner. It causes air pollution with its strong stinking do our. It is also a breeding ground for vectors of several diseases.

Green spaces' are becoming a rarity in Dhaka city. Although the Forest Department claims that 17% of the total land area of our country has forests, recent researches by other organizations such as UNDP have found statistics that are alarmingly lower.

Therefore, to address all this alarming global issue, World Environment Day was established by the UN General Assembly in 1972. It is celebrated each year on June 5 to stimulate worldwide awareness of the environment and enhance political attention and action. Unlike many other International Days, World Environment Day is a people's event with colorful activities such as street rallies and green concerts. The day's agenda is to give a human face to environmental issues and empower people. The government of Bangladesh must inform the world leaders about the impending disaster. The developed industrialized countries, notably G-8 countries, are producing deadly greenhouse gases to make their econ my more robust. The concept of globalization is also deteriorating the condition of environment. The com-petitive open market economy is also adding fuel to pro-duce more greenhouse gases. So the players who are playing key roles in the world politics have to think about these issues. It will be unanimously conceded that only their initiative can save the world from the inevitable disaster. Along with them, each and every one of about 6.5 billion people of this world has to play his/her part in protecting the environment. The United Nations and other international environment organizations

have to play a more intensive role to protect countries like Ban-gladesh from the effects of global warming.

United Nations and Youth Association of Bangladesh (UNYSAB) is a voluntary youth and student movement for United Nations in care of UNIC. It is dedicated to conveying the voice of the young generation regarding current global issues such as Millennium Development Goals (MDGs), COP, human rights and development, environment, disarmament, social justice, etc. It is a dynamic platform for students to develop their organizational and leadership skills, intellectual abilities and research orientation. On 4th June 2009, United Nations and Youth Association of Bangladesh (UNYSAB) along with Star Campus are organizing a Roundtable discussion on "Combating Climate Change and what we can do in response" on 4th June at the UNDP Conference Hall, IDE Bahaban, Agargaon, Dhaka. So we need proper management for Dhaka City.