Description

The notion of public participation has emerged as a significant trend in international environmental law due to its incorporation in many environmental treaties and soft law instruments. In essence, public participation in environmental matters (hereinafter referred to as “PPEM”) is a fundamental procedural aspect of environmental protection as it provides an opportunity for public input in environmental impact assessment (hereinafter referred to as “EIA”). In the environmental sphere, PPEM has emerged as an important strategy through which people can participate in policy formulation, decision-making, and implementation measures relating to any project or plan regarding environmental protection. Moreover, it has been elevated in the human rights discourse since environmental rights are increasingly viewed as human rights. Apart from that, public participation is an integral part of the concept of environmental governance. Effective public participation serves a variety of purposes in the frameworks of environmental governance, sustainable development, and environmental justice. The concept of PPEM has been incorporated into various international environmental instruments. While the norm of PPEM has been deeply ingrained in international instruments, its implementation at the national level requires the necessary legislative and institutional frameworks and strategies. This article examines the legal framework for PPEM in Bangladesh, highlights its role as a principle of international environmental law, establishes linkages between PPEM and sustainable development, and further explores judicial decisions around PPEM across several jurisdictions. Finally, this article argues that despite its many potential benefits, PPEM is yet to be adequately integrated into environmental laws in Bangladesh.

Key Words: Public Participation, Environmental Protection, Environmental Justice, Environmental Decision-making Process, Bangladesh, Procedural Principles, Environmental Rule of Law.