To protect right to environment

Right to environment is an integral part of human rights. In recent years, the recognition of the progressive links between human rights and the environment has tremendously increased.  The number and scope of international and domestic laws, judicial decisions, and academic studies on the relationship between human rights and the environment have grown rapidly after the second half of the 20th century. On the other hand, the slogan for World Environment Day 2014 is 'Raise Your Voice Not the Sea Level' and it will thematically focus on 'Small Islands Developing States and Climate Change'.      
Undeniably, the United Nations Charter of 1945 marked the beginning of modern international human rights law, whereas the Stockholm Declaration of 1972 is generally seen as the starting point of a rights based approach to environmental recognition and protection. Twenty years later, the Rio Declaration in 1992 has galvanised the growth of environmental law knotting bond between environment and development paving the way for sustainable development. It has been estimated that at present there are around 1000 treaties existing with environmental protection norms and of these treaties, 150 are multilateral.
Sharing with agony that most human rights treaties were drafted and adopted before environmental protection became a matter of international concern. As a result, there are few references to environmental matters in international human rights instruments, although the rights to life and to health are certainly included and some formulations of the latter right make reference to environmental issues. Similarly, the international environmental law is a soft nature of law with deontological norms and values being imbibed with sustainable development, intergenerational equity, intra-generational equity, the precautionary principle, polluter pays principle, and even environmental impact assessments within its jurisprudence. Even more importantly, despite vintage from developmentalists, environmental rights are included in more than 100 national constitutions. These provisions are having a remarkable impact, ranging from stronger environmental laws and landmark court decisions coinciding environment and development in a parallel manner.
Every year on June 5 World Environmental Day is being celebrated aiming at raising awareness of the importance of respecting and vowing to protect environment. It was established by the UN General Assembly in 1972 and the first Environment Day was celebrated in 1973. Since then it is hosted every year by a different city with a different theme. Barbados, a Caribbean island at the cutting edge of the fight against climate change, will host this year's World Environmental Day global celebrations on 5 June 2014.
Climate change has been at the top of the political agenda over last few decades. The main cause of all this climate change is human activity, primarily industry. Over the past 100 year the global temperature has increased by 1.4°F over the past century, and is projected to rise another 2 to 11.5°F over the next hundred years. Global warming is affecting and relatively contributing for the sea level rising. Over the past 100 years sea level has risen about 10- 25 cm and the trend keeps increasing.  Today, our world is hotter than it has been in two thousand years. If current trends continue, the global temperature may climb higher than at any time in the past two million years by the end of the century. It is clear that many of the world's poorest people from least developed and developing states are likely to suffer the most from climate change.
Controversy and mudslinging is unabated between USA and China concerning the position of the world biggest polluter. Brazil and India is also in the race of for third position. The USA is responsible for 30.3% of the world's gas emissions. Globally, an estimated 2,00,000- 5,70,000 people die each year from ambient air pollution. Cars are responsible for 40%- 90% of the world's air pollution. From 1945- 1992 the United States conducted a total of 1,030 nuclear tests.
Proper implementation of environmental law in international, regional and national level can be a boosting step towards global protectionism. But in most countries environmental laws are available in book only. In Bangladesh around 200 laws are related to this sector which sounds good but its implementation is a bitter reality in promoting environmental justice. In response to climate change, the Climate Change Resilience Fund created by the stakeholders of developing states and global agencies is like insult to injury to the victim countries. Also, the proper use of the fund is not beyond question.
Furthermore, the Intergovernmental Panel on Climate Change (IPCC) is a scientific intergovernmental body under the auspices of the UN always vomits either adaptation or mitigation for combating the human induced buzzing issue. Scientists say IPCC put politics before science and needs reform to work properly. The Kyoto Protocol of 1999 after being effective in 2005 envisaged its first commitment to emissions reduction between 2008-2012, and the second commitment between 2013-2020. The protocol was amended in 2012 to accommodate the second commitment period but this amendment has not entered into legal force. Moreover, without a doubt, practicing the 3R's model of waste management and environment protection namely reduce, reuse and recycle has become a handy option to control environment degradation everywhere.      
Environment is like mother arranging almost everything for all human beings. Losing to protect environment is not like losing an election or few points in the stock market. There are diversity of languages, cultures, and geographies but ultimately every nation has the community of its own citizens on the earth. As a result, elevating the right to safe and healthy environment can be a step forward for sustainable world with dignity, harmony and peace. Otherwise the hedonistic approach of human being may expedite the journey of destruction from the earth sooner than stipulated period of time.

The writer is a Senior Lecturer of Law at Southeast University.