Environmental Law

Environmental Law

1. The Notion of Environment, Environmentalism and Environmental Law and Justice, Environmental Principles, Environmental Ethics, Environmental Legal Issues; Environmental Impact Assessment (EIA); Trans?boundary Environment Harm and Pollution, Hazardous Wastes and Marine Pollution; Nuclear Energy, Bio?diversity and Conservation; Climate Change and Global Warming; Natural Disasters;

2. Nature and Scope of Environmental Law, Sources of Environmental Law, Development of Environmental Law-International and National Perspectives; Environmental Common Law; Environmental Responsibility and Remedy; Rights and Obligations of States; Enforcement, Compliance and Dispute Settlement;

3. Stockholm Declaration-1972; World Charter for Nature; Rio Declaration-1992; Framework Convention on Climate Change-1992, Kyoto Protocol 1997; Framework Convention on Bio?diversity-1992; Rio?forest Principles; Agenda 21,  and Sustainable Resource Management; Johannesburg Declaration-2002;

4. The Concept of Sustainable Development; Emergence and Growth of Sustainable Development in the World; The Implications of Sustainable Development: Ethical and Legal Implications; Prospects and Problems of Sustainable Development in the Developing and in the Third World Countries; The Role of United Nations in Sustainable Development in the World; Sustainable Development for a Healthy Planet; Laws relating to Sustainable Development in Various Countries, Future of Sustainable Development;

5. The United Nations Environmental Programme (UNEP); The Role of UNEP as a Specialized Agency for the Protection and Conservation of Global Environment and Reality.  United Nations other Specialized Agencies involved in the Development of Environment and Environmental law – FAO, ILO, UNESCO, WHO, WTO, etc.

6. Environmental Law and Public Interest Litigation, Judicial Activism and Public Interest Litigation, Traditional Courts vs. Special Environmental Courts; Applicability of Alternative Dispute Resolution Mechanism for Sustainable Environmental Justice;

7. Environment Court and Environmental Justice in Bangladesh in the Light of Bangladesh Environment Conservation Act, 1995, Bangladesh Environment Court Act, 2000 and Other Existing Environmental Laws;

7. Protection of Environment in Bangladesh: Obligation of the Ministry of Environment and Forest ( MoFF), Department of Environment (DoE), Department of Forest (DoF); Inter-agency Co-ordination; Local Government Bodies and Environment protection;

8. NGOs and Environmental Justice in the global and local perspectives;

Relevant Laws:

1. The Bio-Diversity Convention, 1992

2. The Climate change convention, 1992

3. The Kyoto Protokol, 1997

4. Bangladesh Environment Conservation Act, 1995

5. Bangladesh Environment Conservation Rules, 1997

6. Bangladesh Environment Court Act, 2000

7. The Forest Act, 1927

8. The Motor Vehicles Ordinance, 1983

9. The Building Construction Act, 1952

10. The Brick Burning Control Ordinance, 1989

Books Recommended:

1. Principles of International Environmental Law- second edition:

Cambridge University Press, 2003 by Phillipe Sands

2. Laws Regulating Environment in Bangladesh by Mohiuddin Farooque and S.

Rizwana Hasan

3. Department of Environment and Bangladesh Environment Management Project

(BEMP): A Compilation of Environmental Laws- Government Publication

4. Environmental Law, 3rd Edition, 2008 by S.C. Shastri

5. Environmental Law (Third edition) by Nancy K. Kubasek and Gary S.

Silverman (New Jersey, USA: Prentice Hall, 2000).

6. Environmental Law by Alexander Kiss and Dinah Shelton

7. Environmental Law by Alan J. Boyle and Patricia Bernie

8. Environment Administration law and Judicial Attitude – Paras Diwan (III vols.)

9. Environmental protection and the law – Chetan Singh Mehta

10. International Environmental Law – Alexandre Kiss & Dinah Shelton

11. Environmental Law and Policy by James Salzman and Barton H. Thompson

12. International Environmental Law and Policy- Ved Nanda

13. International Environmental Law Anthology (with Kirsten Engel)

http://anthonydamato.law.northwestern.edu/Books-2.htm#interenv

14. Environmental Law by Simol Ball v/s Stuart Bell (ULP Delhi)

15. Environmental Law and Justice by MAA Baig, Regency Publication Delhi 1996

16. Environmental Law by Linda A. Malone, 2007

17. The Global Environment: Institutions, Law, and Policy by Regina S. Axelrod,

David Leonard Downie, and Norman J. Vig, 2004

18. Environmental Law by Dr. G.S Karkara

Leading Cases:

1. Rylands V. Fletcher (1968)

2. Pacific Fur Seal Arbitration (USA V. UK, 1893)

3. Trail Smelter Arbitration (USA V. Canada, 1938)

4. Corfu Channel Case (UK V. Albania, 1949)

5. Nuclear Tests Case (Australia V. France, 1974)

6. Waste Management Inc. V. Mexico, 2 June 2000

7. S.P. Gupta V. Union of India AIR 1982, SC 149

8. M.C. Mehta V Union of India (1988) 1 SCC 471

9. Indian Council for Enviro-Legal Action v Union of India AIR 1996 SC 1446

10. Dr. Mohiuddin Farooque V. Bangladesh 49 DLR (AD) 1997

11. Bharat Kumar Palicha and Another V. State of kerala and Others, AIR 1997 (Kerala)

291

12. Khondoker Modarresh Elahi V. The Govt. of Bangladesh 2001, 21 BLD (HC), 352

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)