Marine Environmental Protection: A Legal Analysis in Bangladesh and Surrounding Regions

Introduction:

The marine environment plays a crucial role in sustaining life on Earth, providing resources, biodiversity, and supporting various ecosystems. As nations navigate the challenges of environmental degradation, the legal frameworks governing marine protection become paramount. This article conducts a comprehensive analysis of the legal measures for marine environmental protection in Bangladesh and its surrounding regions, emphasizing collaborative efforts and shared responsibilities.

1. Overview of Marine Environmental Challenges:

Before delving into legal frameworks, it is essential to highlight the pressing challenges facing the marine environment. Issues such as overfishing, pollution, climate change, and habitat destruction threaten the health and sustainability of marine ecosystems in Bangladesh and neighboring regions.

2. National Legal Frameworks in Bangladesh:

Bangladesh has enacted several laws and regulations to protect its marine environment. The Marine Fisheries Ordinance, the Bangladesh Environment Conservation Act, and the Coastal Zone Policy provide a legal framework for marine resource management, pollution control, and coastal zone development. However, the effectiveness of these laws is hampered by gaps in enforcement, inadequate resources, and limited awareness among stakeholders.

2.1. The Bangladesh Environmental Conservation Act (BECA):

Explore the provisions of BECA that directly address marine environmental protection. Analyze the legal mechanisms for preventing pollution, regulating coastal development, and conserving marine biodiversity.

2.2. Exclusive Economic Zone (EEZ) Management:

Examine the legal frameworks governing Bangladesh's EEZ. Discuss the regulations for sustainable resource management, fisheries, and exploration of marine resources within the EEZ.

2.3. The Marine Fisheries Ordinance:

Analyze the legal provisions aimed at sustainable fisheries management in Bangladesh. Discuss the role of the Marine Fisheries Ordinance in preventing overfishing and ensuring the conservation of fish stocks.

3. Regional Collaboration and Legal Instruments:

3.1. South Asian Seas Region:

Explore collaborative initiatives among South Asian nations for marine environmental protection. Discuss regional agreements, conventions, and cooperative frameworks addressing shared challenges.

3.2. Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC):

Analyze the role of BIMSTEC in fostering cooperation among member states for marine environmental protection. Discuss joint efforts, policies, and shared responsibilities within the Bay of Bengal region. Multilateral Environment Agreements (MEAs) are a subset of the universe of international agreements which distinguishes them from other agreements focusing on environmental issues, creation of legal binding and involvement of multiple countries. MEAs are considered to be classified into two interrelated and overlapping generations: a first generation, of single issue, use oriented and mainly dealing with sectoral programmes; and a second generation that adopt more holistic approach focusing on sustainable development and long run use of natural resources. environmental agreements primarily address the preservation and use of particular natural resources- such as wildlife, air and the marine environment especially the Ramsar Convention 1971, Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter 1972, and the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL). Principles of these MEAs deal with threats to living natural resources, global common resources, and marine environment?

3.3. Transboundary Pollution and the Regional Context:

Examine legal mechanisms addressing transboundary pollution in the marine environment. Discuss regional agreements and protocols for preventing and mitigating pollution across borders. The Constitution of Bangladesh Article 18A, the Constitution of India Article 48A and the Constitution of Maldives Article 22 and Article 67 (h) have emphasized to protect and improve the environment as fundamental duty,but Article 145 of Bangladesh Constitution, Article 253 of Indian Constitution, Article 115(j) of Maldivian Constitution and Article 157 of Sri Lankan Constitution prohibits to enforce international instruments signed and ratified by the State until and unless relevant domestic legislations are enacted UNCLOS 1982 and the Convention for the Prevention of Pollution from Ships 1973/1978. Pakistan and Sri Lanka ratified the Geneva. Convention on High Seas 1958, and the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 is ratified by other four countries excepting Maldives. India is a signatory to both the Basel Convention and the MARPOL Convention. Section 11 of Pakistan Environmental Protection Act 1997 prohibits import of hazardous waste into Pakistan and its territorial waters, Exclusive Economic Zone and historic waters. For example,Bangladesh formulated the Territorial Water and Maritime Zones Act 1974 of which section 8 Bangladesh has formulated various laws such as the Marine Pollution Ordinance 1989, Environment Protection Act 1995, Water Policy 1999, Water Act 2013, Water Rules 2018, and on 7 December 2021 Bangladesh enacted the Territorial Water and Maritime Zones (Amendment) Act 2021and significant outcome is yet to attain as 54 rivers out of 57 are emptied to the Bay of Bengal through Indian territory. Henceforth, regional Framework Agreement on Marine Environment Protection is essential to reduce transboundary marine pollution of the Bay of Bengal for sustainable blue economy. Comparative study of different regional ocean governance- the Mediterranean, Black, Baltic and the Caspian Seas may be useful to support regional framework convention for sustainability of marine resources of the Bay of Bengal. The 1973 Treaty of Itaipu between Brazil and Paraguay, the 1995 Agreement of the Mekong River Basin, the International Commission for the Protection of the Danube 1998, etc are noteworthy. The EU Strategy of the Baltic Sea Region, The Mediterranean Science Commission, the marine biotechnology activity of the Caribbean Sea are best practices of regional cooperation. Chinese government has formulated and implemented the Marine Environment Protection Law as well as the National Marine Development Priority Zone Plan. The government has formulated regulations on the administration of sea reclamation and established the ecological red line system for the whole area. More than 250 marine protected areas have been selected covering about 120,000 square kilometers.

4. International Conventions and Treaties:

4.1. United Nations Convention on the Law of the Sea (UNCLOS):

Analyze Bangladesh's adherence to UNCLOS and its implications for marine environmental protection. Discuss the country's rights and responsibilities in managing marine resources within its jurisdiction. The United Nations Law of the Sea (UNCLOS) provides the basic framework for ocean governance and resource exploitation. The UN SDG 14- “Life below water” can be a useful vehicle to carry forward the agenda of Indian Ocean Region (IOR). Indian Ocean rim Association (IORA), Indian Ocean Naval Symposium (IONS) and Galle Dialogue should focus more on understanding the potential of marine resource utilization, opportunities, challenges, dangers of unsustainable exploitation and manmade pollution which are detrimental to ocean

life. The IORA Jakarta Accord of May 2017 specially focuses on sustainable economic growth and development for the IOR and underscores the importance of regional synergies and cooperation to promote peace, stability and prosperity. The United Nations Law of the Sea (UNCLOS) provides a comprehensive framework for ocean governance and resource exploitation. Under the Convention, States are bound to “prevent and control marine pollution and are liable for damage caused by violation of their international obligations to combat such pollution” (Arif & Karim 2013). UNCLOS was adopted as a package deal so that States are bound to comply with all aspects of the legal regime and are not permitted to make reservations to any substantive rules in the Convention (UNCLOS, Article 309). Article 192 of UNCLOS, the opening provision of Part XII, provides that ‘states have the obligation to protect and preserve the marine environment. Some Tribunals have upheld the normative status of Article 192 suggesting that it imposes a distinct duty on State Parties. Article 192 covers all types of harm to the marine environment and many of the provisions in Part XII are focused on the prevention of pollution. The principle in Article 192 covers all potential impacts, such as physical harm, destruction, or alteration of the marine environment and its components, whether it falls or not within the definition of pollution (Kluwer Law International 1998). However, Article 192 refers to both protection and preservation of the marine environment and the obligation is plausibly ‘erga omnes’ in character, meaning that it is owed to the international community as a whole because of the interconnected nature of the seas. For example, serious pollution from land based activities may spread beyond the territory of the State of origin and affect marine resources of another States. Among the 57 transboundary rivers of Bangladesh, 54 are shared with India and 3 with Myanmar. Thus, transboundary water course management and marine environment protection of the Bay of Bengal are essential for South Asia.

4.2. Convention on Biological Diversity (CBD):

Explore how Bangladesh and neighboring countries implement the CBD to conserve marine biodiversity. Discuss national strategies for the sustainable use of marine genetic resources.

4.3. International Maritime Organization (IMO) Conventions:

Examine Bangladesh's compliance with IMO conventions addressing maritime safety, pollution prevention, and liability and compensation for damages. Discuss the effectiveness of these conventions in the regional context.

5. Challenges and Gaps in Legal Frameworks:

5.1. Enforcement Challenges:

Discuss the challenges faced in enforcing marine environmental laws, including limited resources, inadequate surveillance, and the need for capacity building.

5.2. Climate Change Adaptation:

Analyze the legal frameworks addressing the impacts of climate change on the marine environment. Discuss adaptation strategies and the need for enhanced legal measures to mitigate climate-related threats.

5.3. Addressing Illegal, Unreported, and Unregulated (IUU) Fishing:

Examine the legal tools available for combating IUU fishing in Bangladesh and surrounding regions. Discuss the need for strengthened regional cooperation to address this pervasive issue.

6. Case Studies:

6.1. Sundarbans Mangrove Forest:

Explore the legal measures in place to protect the Sundarbans, the world's largest mangrove forest, from environmental threats. Discuss the challenges and successes in conserving this critical ecosystem.

6.2. Chittagong Shipbreaking Yards:

Analyze the legal frameworks governing shipbreaking activities in Chittagong. Discuss environmental concerns, regulatory gaps, and the need for sustainable practices in the shipbreaking industry.

7. Future Perspectives and Recommendations:

7.1. Strengthening National Legislation:

Propose recommendations for enhancing national laws related to marine environmental protection. Discuss the importance of regular updates and amendments to address emerging challenges.

7.2. Promoting Regional Cooperation:

Advocate for increased regional collaboration to address shared challenges. Discuss the benefits of joint initiatives, data sharing, and cooperative frameworks for sustainable marine management.

7.3. Capacity Building and Technology Transfer:

Emphasize the importance of capacity building and technology transfer to empower nations in enforcing marine environmental laws effectively. Discuss international support mechanisms for developing countries.

Conclusion:

In conclusion, marine environmental protection in Bangladesh and surrounding regions requires a concerted effort, blending national initiatives, regional collaboration, and adherence to international conventions. While significant progress has been made, challenges persist, necessitating continuous evaluation and adaptation of legal frameworks. By strengthening legal measures, fostering regional cooperation, and addressing gaps in enforcement, South Asian nations can collectively pave the way for a sustainable and resilient marine environment.