Define Environmental law. What are the major sources of environmental law?

A key component of the legal structure intended to safeguard and protect the natural resources of our sphere is environmental law. It is a complicated set of laws and norms that address a variety of environmental concerns, including waste management, air, and water pollution, and the preservation of endangered species habitats.

To ensure that we leave behind a safe and sustainable world for future generations, environmental law is essential. Environmental law’s fundamental goal is to control human activities in order to safeguard the environment and advance sustainable development. But what precisely is environmental law, and where do its principal origins come from? Let’s dive into the regime of Environmental law.

Defining Environmental Law

A body of laws and guidelines aimed at defending the environment and safeguarding natural resources are referred to as environmental laws. Administrative law, constitutional law, common law, statutory law, and international law are only a few of the many legal disciplines it embraces. The phrase “environmental law” has been interpreted in a wide variety of ways by different academics and professionals.

The Environmental Law Institute gives a particular definition of environmental law. According to its definition, “environmental law is the body of law that seeks to protect the environment and conserve natural resources.” Oxford defines environmental law as “the branch of law that deals with the protection of the environment and the regulation of human activities that impact the environment.”

According to the West Academic of Environmental and Natural Resources Law, “Environmental law is a complex and interdisciplinary field that encompasses various areas of law, including administrative law, tort law, criminal law, and international law.” Encyclopedia Britannica defines environmental law as “a branch of law that concerns the protection of the natural environment from harmful human activities and the restoration of degraded areas.”

The American Bar Association found a different definition. It says that “environmental law refers to the regulations and standards governing human interactions with the natural environment and the conservation of natural resources.”

These definitions of environmental law highlight the variety of areas it covers as well as its primary emphasis on environmental protection and resource conservation. It should be mentioned that while these definitions give a solid overview of the topic, it is challenging to give a precise definition because the field of environmental law is always changing and adjusting to new problems.

Read What is Environmental law? How does it differ from other branches of law?

Sources of Environmental Law

Environmental law can be classified into several major sources, including constitutional law, statutory law, administrative law, common law, and international law. These sources of environmental law are interrelated and operate together to provide a comprehensive framework for protecting the environment.

Constitutional Law

Constitutional law is a fundamental source of environmental law that establishes the framework for environmental protection. The term “constitutional law” refers to the supreme law of a nation that establishes the fundamental values and governmental framework of the state. It offers the framework for the protection of individual rights and freedoms and serves as the cornerstone upon which all other laws are constructed.

Environment protection is listed as a fundamental right in the constitutions of numerous nations. For instance, Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which includes the right to a clean and healthy environment. Similarly, Bangladesh’s constitution recognizes the right to a healthy environment as a fundamental human right.

The Supreme Court of the United States is significant in environmental law. The Constitution’s numerous clauses have been construed by the Court to include environmental preservation as a basic right. The Court has also exercised its authority to interpret and oversee the proper application of federal environmental statutes.

Environmental protection is covered by a number of constitutional clauses in India. For instance, Article 48A mandates that the state work to conserve the nation’s forests and wildlife, as well as protect and develop the environment. Every Indian citizen is also required under Article 51A to have compassion for all living things and to safeguard and enhance the natural environment, which includes forests, lakes, rivers, and wildlife.

The Bangladeshi Constitution recognizes the value of environmental preservation and includes a number of clauses intended to protect the environment. For instance, Article 18 mandates that the state take actions to protect and enhance the environment, which includes forests, lakes, rivers, and wildlife. Furthermore, Article 21 guarantees the right to a healthy environment and places a responsibility on every person to safeguard and better the environment.

Statutory Law

The law enacted by legislative bodies like the U.S. Congress, the Indian Parliament, or the Bangladesh Parliament is referred to as “statutory law.” These laws were passed to deal with particular environmental problems and control human activities that might harm the environment.

In the United States, the federal government plays a major role in protecting the environment through a series of federal statutes. Three of the most important federal statutes are the Clean Air Act, the Clean Water Act, and the National Environmental Policy Act. In addition to federal laws, each state in the United States has its own set of environmental protection laws. These laws complement federal laws and often provide additional protections for the environment.

In India, the central government plays a major role in protecting the environment through a series of environmental statutes. Two of the most important environmental statutes in India are the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.

In Bangladesh, the government plays a major role in protecting the environment through a series of environmental statutes. Two of the most important environmental statutes in Bangladesh are the Environment Conservation Act, of 1995, and the Bangladesh Water Act, of 2013.

Administrative Law

Administrative law refers to the laws and regulations created by administrative agencies. These agencies are responsible for implementing and enforcing environmental laws and regulations. The role of administrative law in environmental protection is to ensure that regulations are consistent, impartial, and effective in protecting the environment.

Governmental organizations like the Bangladesh Department of Environment, the Central Pollution Control Board of India, and the United States Environmental Protection Agency are responsible for formulating and upholding rules, and regulations for the administration of the regime of environmental law.

In the United States, the Environmental Protection Agency (EPA) is the main administrative agency responsible for enforcing federal environmental laws. The EPA has the authority to enforce environmental regulations, issue permits, and conduct environmental assessments. In addition to the EPA, the Department of Natural Resources (DNR) plays a role in environmental law in the United States. The DNR is responsible for managing the country’s natural resources and protecting the environment through conservation and regulation.

In India, the primary administrative body in charge of applying environmental legislation is the Central Pollution Control Board (CPCB). And the Department of Environment (DoE) is the principal administrative body in charge of upholding environmental regulations in Bangladesh.

These organizations have the power to enact penalties for environmental lawbreakers and to enforce environmental laws and regulations. By granting agencies the authority to adopt and enforce environmental regulations, such as emissions standards and waste management strategies, administrative law plays a significant role in environmental protection.

Common Law

Common law refers to the body of law developed by courts through the decisions of judges. It is a collection of unwritten laws based on custom, tradition, and judicial precedents. In the context of environmental law, common law plays a significant role in addressing environmental harm through tort law and property law.

Through the creation of tort law and property law, common law contributes to environmental protection in the legal setting. Individuals have a legal basis to claim restitution for losses brought on by environmental dangers or pollution.

By permitting people to sue for damages brought on by environmental pollution, tort law has been employed in the United States to remedy environmental degradation. In order to provide a judicial forum for the settlement of environmental disputes, including those originating from tort law, the National Green Tribunal was formed in India in 2010. Tort law has been employed in Bangladesh to address environmental injury, although the range of available remedies and the degree of claim success has been very small.

On the other hand, property law controls how land and other natural resources are used and offers a framework for environmental conservation through the idea of “stewardship.”

By controlling land use and maintaining delicate ecosystems, property law has been applied to the protection of the environment in the United States. Environmental issues have been addressed in India using property law, but there are few available remedies, and claims have had little success. Environmental issues have been addressed in Bangladesh using property law, but there are few available remedies, and claims have had little success.

International Law

The legal standards and concepts that control relations between nations are referred to as international law. International law is essential in the area of environmental law because it establishes norms and directives for environmental protection and fosters international cooperation.

Multilateral environmental agreements allow international cooperation on environmental issues. Multiple nations negotiate and sign these accords, which serve as a framework for global collaboration to address environmental challenges. Multilateral environmental agreements allow international cooperation on environmental issues. Multiple nations negotiate and sign these accords, which serve as a framework for global collaboration to address environmental challenges. Two of the most well-known agreements are the United Nations Framework Convention on Climate Change (UNFCCC) and the Convention on Biological Diversity (CBD).

United Nations Framework Convention on Climate Change (UNFCCC) The UNFCCC is a treaty that was adopted in 1992 and entered into force in 1994. The UNFCCC’s goal is to maintain atmospheric greenhouse gas concentrations at a level that would fend off dangerous human involvement with the climate system. There are 190 Parties to the UNFCCC, including Bangladesh, India, and the United States.

Convention on Biological Diversity (CBD) The CBD is a treaty that was adopted in 1992 and entered into force in 1993. The CBD aims to preserve biological variety, encourage sustainable use of its elements, and fairly and equally distribute the advantages resulting from the use of genetic resources. There are 196 Parties to the CBD, including Bangladesh, India, and the United States.

There are bilateral environmental agreements between two countries in addition to multilateral environmental agreements. These agreements are in place to address certain environmental issues that both countries are concerned about. For instance, a bilateral environmental pact between the United States and India aims to improve collaboration on environmental topics of shared interest. To address environmental challenges, Bangladesh has bilateral environmental agreements with a number of other nations.

To sum up, environmental law draws from a variety of sources, each of which is essential to forming environmental policy and safeguarding the environment. Environmental law is essential in encouraging sustainable development and guaranteeing a safe and livable environment for future generations by providing a framework for environmental protection through common law, statutory law, administrative law, and international law.