1. Department of
Department of Environmental Science
State University of Bangladesh
Masters in Environmental Science
Program
ES 520: Environmental Policy and
Planning
Lecture 1:
Understanding of Environmental
Policy

2. Lecture Outline
 Defining the fundamental Concept of Policy
 The Policy Cycle
 Difference between Policy and Law; Policy and
Rules-Regulations-- Procedures
 What is Environmental Law? Why the study of
Environmental Policy?
 Development of International Environmental Laws
and Policies
 General Principles of International Environmental
Laws

3. Defining the fundamental Concept of
Policy?
 A policy is typically described as a principle or rule to
guide decisions and achieve rational outcome/s.
 A purposive course of action based on societal values,
dealing with a matter or concern, and predicting the
outcome that would result from the achievement of the
purpose.
Policy?
It refers that:
 It has a clear and unique purpose
 It has an authoritative allocation of values for the
whole society”.
 It contains some basic principles by which the state
institutions or officials are guided.

4. Public Policy?
Public policy is all about:
 The intentions of the legislative authority towards
society
 The direction in which the legislator wants to
steer society
 The utilization of national resources
 Public Policy serving as the enabling and guiding
framework for government in all sectors and at all
levels.
Example:
o Education Policy
o Environmental Policy etc.

5. Characteristics of Policy:
 Authoritative
 Enforceable
 Flexible and adaptable
 Feasible
 Clear
 Transparent
 Consultative

6. The Policy Cycle
Problem Definition
Identify conditions as public problems
that merits Government attention
Agenda Setting
Focus Governmental consideration on an
Idea
Formulation
Develop Acceptable alternatives,
proposals, and options for dealing with
Public problems
Implementation
Convert Legislation, Regulations, and
other Policy Plans into execution
Evaluation
Assess Policy in terms of its Intensions,
Results and Outcomes
Changes
Revise Policies based on
actual or perceived effect on
problem

7. Difference between Policy and Law?
S
L
Policy Laws
1. Policy is a decision making
framework or course of actions to
achieve a desired effect or Change
in the society.
Laws are set standards,
principles, and procedures that
must be followed in society.
2 Policy is just informal as it is just a
statement or a document of what is
intended to be done in the future.
Law is more formal as it is a
system of rules and guidelines
that made for implementing
justice in the society..
3. Policies can lead to new laws Laws can be modified/reviewed
but not lead to new policies
4 Policies are made in the name of
the people
Laws are made for the people
5. Policies are administered by state
institutions or officials as
Laws are administered through
the courts, which is enforceable

8. Policy vs. Rules and Regulation… Procedures
 Policies differ from rules/regulations.
 Rules are more specific than policies because it (rule) is usually
entail penalties for violation.
 Policy establishes a guiding framework for rules.
 Policy is broader than rules because it is usually stated in general
statement.
 Policies also differ from procedures in the sense that procedures
provide standard methods by which work is performed and
provide a check against deviations. Procedures are subordinate to
policies.
 Policy contains with the “what” and the “why”,
whereas the procedures or protocols contains the “what”, the
“how”, the “where”, and the “when”.

9. What is Environmental Policy?
Environmental policy of a State refers to the deliberate
actions taken by a State to manage the activities of the
population within that State in order to prevent, reduce
or alleviate any harmful effects on nature and its
natural resources.
As Reference:
The National Environmental Policy (NEP, 1992) in Bangladesh
considers
15 broad sectors to address overall environmental issues in
Bangladesh.
These are:
1) Agriculture; 2) Industry; 3) Health and Sanitation 4) Energy and Fuel; 5) Water
Development, Flood Control and Irrigation; 6) Land; 7) Forest, Wildlife and Bio-
diversity; 8) Fisheries and Livestock ;9) Food; 10) Coastal and Marine
Environment; 11) Transport and Communication; 12) Housing and Urbanization;
13) Population 14) Education and Public awareness 15) Science, Technology

10. Why the study of Environmental
Policy?
1. Scientific Understanding: To understand the causes and
consequences of policy decisions, which will improve our
knowledge on environmental concerns and issues. It can
understand with both dependent and independent variable.
Example: as a dependent variable, we may search with what socioeconomic
condition and political systems characteristics operated to shape certain
policies? As independent variable ,we may search with what impact public
policy has on the society and its political system
Three basic reasons:
2. Problem Solving: To study the courses of actions or
activities taken in the policy to seek solutions of
environmental problems on the ground.
3. Policy Recommendations: To assess and review the success
of Policies based on actual or perceived effect in addressing
the environmental problem.

11. Development of International Environmental
Laws and Policies
I. The Stockholm Declaration, 1972
(as result of Stockholm Conference held on 5-6 June,
1972)
• Declaration contains 26 principles and an action plan for
Environment with 109 Recommendations (for UN member states)
• Establishment of UNEP (United Nations Environmental
Programme), 15 Dec. 1972
Principle-21 affirms that “States have the sovereign right to exploit their
own resources pursuant to their own environmental policies”
Principle-22 imposes on States that “the responsibility to ensure that
activities within their jurisdiction or control don not cause damage to
the environment of other states or of areas beyond the limits of national
jurisdiction”

12. Formulation of treaties at Global levels:
• The World Heritage Convention, 1972
• The Convention on International Trade in Endangered Species, 1973
• The London Ocean Dumping Convention, 1972
• The International Convention for the Prevention of Pollution by Ships (MARPOL
• The UN Convention on the Law of the Sea (UNCLOS), 1982
• The Vienna Convention for the Protection of Ozone Layer, 1985
Formulation of treaties at Regional levels:
• The Convention on the Conservation of Nature, 1985 --- by ASEAN
• The Bamako Convention on Hazardous Wastes, 1991 --- in Africa
• The Treaty on European Union, 1992 --- in Europe

13.  The World Charter for Nature, 1982 --- adopted by UN
General assembly
 The World Conservation Strategy, 1980
 The Caring for the Earth Strategy, 1991
II. The Rio Declaration on Environment and
Development, 1992
(As Result of the Earth Summit held on 3-14 June 1992 )
 Adopted 2 binding instruments and 3 non-binding instruments for the states
Binding Instruments:
I. The UN Framework Convention on Climate Change ----- UNFCCC
II. The Convention on Biological Diversity.

14. V. The World Summit on Sustainable Development,
2002
(held in Johannesburg, South Africa, in August 2002)—As Rio+10 Johannesburg Declaration, 2002
 Reaffirmation of UN Millennium Summit Goal
IV. The Millennium Summit, 2000 (held on 6-8 Sept. 2000 in
New York) Adopted a "United Nations Millennium
Declaration“
 Setting of Millennium Development Goals (MDGs).
III. The Kyoto Protocol (adopted in Kyoto, Japan, on 11 December
1997) Commitment for the Climate Change Adaptation Fund
 Introduced three Mechanisms:
- International Emissions Trading
- Clean Development Mechanism (CDM)
- Joint Implementation

15. General Principles of International
Environmental Law
1. Principle of Sustainable Development
Refers to Principle-1 of the Rio Declaration, 1992 as:
“Human beings are at the center of concerns for sustainable
development. They are entitled to a healthy and productive life in
harmony with nature”
2. Principle of Responsibility for Trans-boundary Harm
Refers to Principle-21 of the Stockholm Declaration, 1972 as:
“States have…the sovereign rights to exploit their own natural resources
pursuant to their own environmental policies”
Principle-22 imposes that:
“The responsibility to ensure that activities within the State’s jurisdiction
or control do not cause damage to the environment of other states or of
areas beyond the limits of national jurisdiction”

16. 3. Principle of Precaution
Principle-15 of the Rio Declaration, 1992 refers as:
“In order to protect the environment, the precautionary approach shall be
widely applied by States according to their capabilities. Where there are
threats of serious or irreversible damage, lack of full scientific certainty
shall not be used as a reason for postponing cost-effective measures to
prevent environmental degradation.
4. Polluter-Pays Principle
Principle 16 of the Rio Declaration refers as:
“National authorities should endeavor to promote the internalization 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.”

17. 5. Principle of Cooperation, and Common but Differentiate
Responsibilities
Principle 7 of the Rio Declaration refers as:
“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 contributions to global environmental degradation,
States have common but differentiated responsibilities.
This principle considers two elements:
Firstly: Common responsibility of States for the protection of
environment
Secondly: States contribution to the creation of a particular
environmental problem and its ability to combat the threat

18. 6. Principle of Intergenerational Equity
 United Nations Framework Convention on Climate Change (“UNFCC”),
1992 refers in article 3.(1) to “intergenerational equity”.
 Paragraph 6 of the Copenhagen Declaration refers to “Equitable social
development” and “social justice”
 The concept of equity is also embodied in the United Nations Millennium
Goals (e.g. the Eradication of Poverty) and Millennium Declaration.
7. Principle of Good Governance
This principles implies that States and international organizations should:
a) adopt transparent decision-making procedures and financial
accountability;
b) take effective measures to combat corruption;
c) Respect due process (in procedures) and observe the rule of law;
d) protect human rights; and
e) conduct public procurement in a transparent, non-corrupt manner

19. Contract:
Shankor Paul
E-mail: shankor.paul@gmail.com
Cell: 01712009028;
FB ID & LinkedIn: Shankor Paul; Skype:
Shankor_Paul