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2 S. Asian J. Env't L. & Pol'y 11 (2024)
Climate Justice in Bangladesh: A Critical Overview of the Shortcomings in the Legal Arena

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Climate Justice in Bangladesh: A Critical Overview of the Shortcomings

                                   in  the Legal   Arena

                             Nishat Tarannum,'  Bishwajit Ghosh2




Abstract

Bangladesh  possesses an ecosystem with plentiful natural resources. It is one of the most exposed
nations with the excessive salinisation of water due to exposure to natural disasters. Therefore,
climate justice ensures environmental and social justice through the safeguarding of human rights
as well as the addressing of inequitable vulnerabilities by climate negotiation, adaptation and
mitigation. The objective of this paper is to evaluate whether the existing laws, policies and practices
are ample to triumph climate justice identifying the rights-based approach applied in Bangladesh.
This paper has followed the qualitative methodology as well as a comprehensive conceptual and
theoretical structure as the key concern of achieving climate justice. However, there is no specific
legal framework on climate change such as the Climate Change Act which can extensively address
the climate change factors significantly. Also, The ECA is silent on the role of the state's obligation
to safeguard and conserve the environment.  Additionally, the excess power given to the DG by
section 5 and section 18 unbolts the access for corruption, irregularities and delays in filing cases
against the emitter.


1. Introduction

Climate justice may be traced back to the late twentieth century when concerns about environmental
justice and the unequal  impact of pollution on underprivileged populations  gained attention.3
Environmental  justice activists and academics started to connect these issues with the latest
problems  of environmental degradation as the scientific understanding of climate conversion and
its effects increased.4 Climate justice evolved from this point, emphasising the moral and societal
effects of climate change as well as the need for equitable outcomes.5

The  environmental  justice movement  began  in the United  States in the 1970s and  1980s  to
address the disproportionate burden of environmental challenges and  pollution in economically

1   Lecturer, Department of Law, Notre Dame University Bangladesh.
2   Lecturer, Department of Law, Green University of Bangladesh.
3   Dorceta E. Taylor, 'the Rise of the Environmental Justice Paradigm: Injustice Framing and the Social Construction of
    Environmental Discourses' (2000) 43(4) American Behavioral Scientist 508.
4   Angela Park, Everybody's Movement: Environmental Justice and Climate Change (Environmental Support Center
    Washington DC 2009).
5   Dorceta (n 1).
South Asian Journal of Environmental Law and Policy -Vol 2 - Issue 1                        11

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