Lesson Outcomes: After completion of this lesson students will be able to - a) Define environmental rule of law b) Define environmental governance c) Distinguish between environmental rule of law and environmental governance

1. z
Environmental
Rule of Law
Preeti Kana Sikder
Assistant Professor,
Department of Law & Justice
Jahangirnagar University

2. z
Environmental
Rule of Law
It incorporates these concepts
and applies them in the
environmental context.

3. z
According to the Fifth Global Environmental
Outlook, considerable progress has been made
toward meeting only 4 of the of most important
environmental goals and objectives, and
critical ecological thresholds upon which human
well-being depend.

4. z
Thomas Carothers, an international
expert on rule of law, observed:
“The primary obstacles to rule of law
reform are not technical or financial but
political and human”.

5. z
There has been harassment, arbitrary
arrests and detentions, threats, and
killing of environmental defenders-forest
rangers, government inspectors, local
activists, and professionals working to
enforce environmental norms.
BACKLASH!

6. z
We need well designed laws to be implemented
by capable government institutions that are
held accountable by an informed and engaged
public lead to a culture of compliance that
embraces environmental and social values.
A Solution?

7. z

8. z
Environmental Rule of law
provides an essential
platform underpinning the
four pillars of sustainable
development

9. z
Nature of Environmental Rule of Law
 Env. Rule of law holds all entities equally
accountable to publicly promulgated
independently adjudicated laws that are
consistent with international norms and
standards for sustaining the planet.
 It integrates critical environmental needs with
the elements of rule of law.

10. z
Environmental
Governance

11. z
The Distinction
Environmental Rule of Law
 Environmental rule of law focuses
on ensuring compliance with and
enforcement of environmental laws.
 Environmental rule of law focuses
particularly to the implementation.
 For example, environmental rule of
law emphasizes civic engagement as
a means to improve adherence to
the law
Environmental Governance
 Environmental governance comprises
a broader set of objectives and
approaches related to making and
implementing decisions related to the
environment
 It takes a broader view of civic
engagement (aiming to improve the
quality of decision making, enhance
public voice, and build civic support,
as well as improve compliance and
enforcement)

12. z The Unique Context of Environmental Rule of law
 Env. Rule of Law is critical to human health and welfare.
 It is emphatically multidimensional.
 It is shaped by and responds to significant political, economic and social
dynamics that are particular to natural resources.
 It also implicates the moral and ethical duties humans owe non-human
species and resources.
 It encourages public involvement.
 It deals with uncommon timescales.
 It depends on decision making in the face of significant uncertainty.