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International Journal of
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VOL. 11, ISSUE 6 (2025)
International environmental law and the Sundarbans: A legal analysis of UNESCO, CBD, and ramsar framework implementation
Authors
Shaikh Shohag Hossain
Abstract

The Sundarbans mangrove ecosystem, spanning 10,000 km² across Bangladesh and India, represents a critical test case for evaluating the effectiveness of international environmental law frameworks in protecting transboundary natural heritage sites. This comprehensive legal analysis examines the specific provisions, enforcement mechanisms, and implementation gaps within the UNESCO World Heritage Convention, 1972, Ramsar Convention on Wetlands, 1971, and the Convention on Biological Diversity, 1992, as they apply to this shared ecosystem. Through systematic doctrinal legal research methodology and detailed examination of treaty articles, state obligations, and implementation mechanisms, this study reveals fundamental weaknesses in cross-border environmental governance that undermine ecosystem-wide conservation efforts. The research employs comparative legal analysis of primary treaty texts, focusing on Article 4, 5, and 6(3) of the UNESCO Convention establishing state obligations for heritage protection and prohibiting transboundary damage, Article 2(1), 3(1), 3(2), and 5(1) of the Ramsar Convention mandating wise use principles and transboundary consultation, and Article 8(a), 8(j), and 15(7) of the CBD requiring protected area systems and benefit-sharing mechanisms. Secondary sources include UNESCO monitoring mission reports, state party compliance assessments, and bilateral cooperation agreements, particularly the 2011 Bangladesh-India MoU on Sundarbans conservation.

Current environmental data demonstrates alarming degradation trends that challenge existing legal frameworks. Current enforcement mechanisms relying on diplomatic pressure and voluntary compliance prove insufficient for addressing serious environmental threats, as demonstrated by continued Rampal power plant construction despite repeated UNESCO interventions and clear Article 6(3) violations. The study concludes that enhanced bilateral cooperation mechanisms, strengthened domestic integration of international environmental law principles, and development of binding enforcement frameworks are essential for effective transboundary ecosystem protection. Joint monitoring must be conducted in a manner that fully respects sovereignty and avoids any interference. Recognition of ecocide as a distinct criminal offense and establishment of a Joint Transboundary Sundarbans Management Authority with legal personality represent critical reforms necessary to address current governance failures. This research contributes to international environmental law scholarship by demonstrating how weak enforcement mechanisms undermine globally significant ecosystem protection, providing insights applicable to other transboundary conservation challenges worldwide.

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Pages:40-46
How to cite this article:
Shaikh Shohag Hossain "International environmental law and the Sundarbans: A legal analysis of UNESCO, CBD, and ramsar framework implementation". International Journal of Law, Vol 11, Issue 6, 2025, Pages 40-46
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