Legal activism for ensuring environmental justice

Karim, Md. Saiful, Vincents, Okechukwu Benjamin, & Rahim, Mia Mahmudur (2012) Legal activism for ensuring environmental justice. Asian Journal of Comparative Law, 7(1), pp. 345-384.

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Abstract

This article reviews some of the roles environmental lawyers have played in ensuring environmental justice in Bangladesh. It leans on law and social movement theories to explicate the choice (and ensuing success) of litigation as a movement strategy in Bangladesh. The activists successfully moved the courts to read the right to a decent environment into the fundamental right to life, and this has had the far-reaching effect of constituting a basis for standing for the activists and other civil society organisations. The activists have also sought to introduce emerging international law principles into the jurisprudence of the courts. These achievements notwithstanding, the paper notes that litigation is not a sustainable way to institute enduring environmental protection in any jurisdiction and recommends the utilisation of the reputation and recognition gained through litigation to deploy or encourage more sustainable strategies.

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ID Code: 61471
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: legal activism, environmental law, environmental protection, public interest litigation
DOI: 10.1515/1932-0205.1344
ISSN: 1793-2572
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2012 Walter de Gruyter
Copyright Statement: http://www.degruyter.com/dg/page/576/repository-policy
Deposited On: 22 Jul 2013 00:01
Last Modified: 30 Oct 2014 10:28

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