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Research Detail

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Mohammad Ershadul Karim*
Faculty of Law, University of Malaya, Kuala Lumpur 50603, Malaysia

Ridoan Karim
Faculty of Law, University of Malaya, Kuala Lumpur 50603, Malaysia

Md. Toriqul Islam
Faculty of Law, University of Malaya, Kuala Lumpur 50603, Malaysia

Firdaus Muhammad-Sukki*
School of Engineering, Robert Gordon University, Garthdee Road, Aberdeen AB10 7GJ Scotland, UK

Nurul Aini Bani
Razak Faculty of Technology and Informatics, Universiti Teknologi Malaysia, Kuala Lumpur 54100, Malaysia

Mohd Nabil Muhtazaruddin
Razak Faculty of Technology and Informatics, Universiti Teknologi Malaysia, Kuala Lumpur 54100, Malaysia

Bangladesh’s constant growth with an annual 6% plus Gross Domestic Product (GDP) for more than the last two decades and achievements in other socio-economic metrics in recent times is impressive and recognized by various global authoritative bodies. The extent of overwhelming economic ventures in the private sector coupled with the commitments of the government clearly demonstrates the transformation of the country from a primarily agro-based economy to one influenced by the manufacturing and service sectors. Bangladesh is fortunate to have fossil fuel reserves on a limited scale, though these are not enough to run the ongoing massive scale development activities, both in private and public sectors. Thus, the constant and uninterrupted supply of energy at an affordable price remains a serious concern for the successive governments. Therefore, this issue of supply of constant energy has turned to be an important part in the national development agenda. Besides, the country is one of the worst victim nations of the devastating effects of global warming and climate change. As Bangladesh is geographically located in a favorable place in the world map with the availability of plenty of renewable energy sources (RES), the policymakers started to take initiatives leading to exploiting these sources to meet the energy demand of the country. There are both prospects and administrative, legal, technological, socio-cultural and environmental challenges. To address these challenges, it requires comprehensive policy initiatives. A good number of technical and scientific research containing findings and recommendations are available. This paper, which is based on adopting a qualitative research methodology where the contents of secondary sources were analyzed, is an initial attempt to highlight the renewable energy developments in Bangladesh, and subsequently, to evaluate the relevant legal and policy initiatives in the light of international best practices. We advance several recommendations that the stakeholders can consider exploiting RES effectively to attain inclusive, equitable and sustainable development in Bangladesh. These include, inter alia: (1) Enhancing government participation to lead the development of renewable energy (RE); (2) ensuring localization of RE technology; (3) reducing the expenses of energy generation through RES and providing assistance in initial investments; (4) introducing a comprehensive legal and regulatory policy for the development of RE industry in Bangladesh; and (5) conducting effective public awareness. 

  RE prospects and challenges; RE regulations and policy; RE in Bangladesh
  Bangladesh
  
  
  Resource Development and Management
  Energy

This paper is primarily legal in nature which purports to share the prospects of RES and problems in exploiting the RES in the Bangladesh context. In doing so, it has attempted to identify the key obstacles within the existing legal and regulatory mechanisms and suggest some solutions that are based on international best practices.

 2. Renewable Energy Basics and its Growing Importance Energy generated from RES, such as solar, wind, biomass, thermal or hydro, etc., is theoretically considered as renewable as each one could yield an infinite amount of energy. Uses of energy generated via these sources are not new and ancient people successfully utilized these also. For example, the Egyptian Nile civilization used to utilize the wind to move ships, grain-grinding facilities, and boat propellers. Even the Chinese and Japanese started using wind-run water pumping systems in the historical past, leading to cost minimization dramatically. The succeeding civilizations opted to use windmills as alternative sources since it is accessible and comparatively less expensive. In fact, in recent times, the increasing energy crisis and stringent enforcement of carbon emission laws for reducing GHG emissions have forced many nations to think about alternative supplies of energy. This segment will highlight some basics about RES, RE, their importance and relevant concerns in exploiting them.

3. Prospects of Renewable Energy in Bangladesh Fossil-fuel sources, more specifically natural gas, oil and coal, play the lead role in electricity generation in Bangladesh. The electricity demand in the country increased considerably from 0.4 to 1.38 quadrillion between 1997 and 2016  and the country so far could not provide 100% access to electricity, due to inter alia, the inadequate volume of energy sources. The total coal assets in Bangladesh were only 1063 million tons, whereas, the natural gas reserve demonstrated to be available with a volume of 9.7 trillion cubic feet (TCF) according to the statistics of 2013. Besides, to supply fuel in different industries, including energy, Bangladesh imports nearly 1.2 million tons of crude oil and 2.6 million tons of refined petroleum commodities every year. Bangladesh absorbed approximately 2.132 million metric tons of coal, 175.69 kilo barrels of oil per day and 28.37 billion cubic meters of natural gas in 2018.

4. Renewable Energy in Bangladesh: Issues and Challenges Bangladesh has a high potential to move towards a better and more sustainable country with greener energy without compromising the country’s economic efficiency, human dignity, standards of living, and financial development. Nevertheless, considerable development activities, including a sustainable power source and green arrangements in Bangladesh have had limited accomplishments and are confronting various challenges which are mostly financial, technical, and regulatory in nature. It may be pertinent to share here that these challenges are not unique in Bangladesh’s context, rather these present in most jurisdictions. Since RE projects are more complex, unpredictable and full of unforeseen risks and dangers, the investors in this field may face serious financial challenges having impacts on future development and commercialization of the projects and technologies. For the investors, it is difficult to convince the financial institutions and other financiers to get the necessary support. Since they use new technologies that are uncertain, this may cause the payback period to exceed their expectations. Hence, it acts as an impediment to innovative projects. This vulnerability results in high financing expenses for research, improvement and preparation in this sector. Thus, this deceptively raises the cost of clean energy generation, postponing their full assimilation into the energy market. Sometimes, different RE related projects require huge initial investments. This is again very challenging for the entrepreneurs since there are already available standards, but cheaper alternatives in the market [80,81]. Besides, there are geographical factors that have effects on the performance of RE projects. Hence, it can be concluded that an already successful RE project in one country probably will not be realistic to another nation for the presence of sunlight-based variables, biomass, wind and sea between nations in the tropical and other areas. 

5. Renewable Energy in Bangladesh: Legal, Regulatory and Policy Aspects It has already been shared that energy production, management, and supply to the people have become a serious concern for the Government of Bangladesh. Therefore, the government has formulated various policies and adopted regulatory measures [42]. In this context, the contribution of RES in the energy mix can be an exceptional accomplishment that would influence the economic development of the nation significantly.

 

  Sustainability 2019, 11, 5774;
  doi:10.3390/su11205774
Funding Source:
1.   Budget:  
  

The planet-wide impacts of environmental change and the nature of global warming urge to adopt ‘hard’ International law and relevant arrangements so as to advance electricity generation in a sustainable manner. Notwithstanding, there is no urgent or explicit authoritative decision that binds the countries legally to advance the local utilization of RES to generate electricity, though the provisions of the recently adopted Paris Agreement to UNFCCC encourages the use of RE. The scarcity of universal legal arrangements on RE does not, in any case, undermine the significance of its utilization to limit environmental degradation. Henceforth, a binding international instrument, alongside the positive activities and mutual cooperation of the stakeholders worldwide, regional and municipal players in terms of financial and technological information exchange, may assume an instrumental job in the advancement of RE [6]. Since independence, Bangladesh remained extremely reliant on fossil fuel sources to generate electricity, and these sources are depleting naturally. Continuous reduction of these fossil fuels sources, increasing expenses of such sources, energy security and international attention on GHG emissions drive Bangladesh, like many other countries, to consider sustainable policies for the electricity industry. The Government of Bangladesh is constitutionally obliged to eliminate specific inequality in living standards within the metropolitan and rural areas. Moreover, the government is constitutionally bound to achieve a specific end of development by ensuring rural electrification. Therefore, the government has taken various initiatives, including the formulation of the Renewable Energy Policy 2008, aiming at promoting RE. Besides, the government has adopted policies to establish the SREDA with the prime purpose of obtaining sustainable advancement and improvement of the RE industry. Besides, Bangladesh adopted other policies, inter alia, to advance the industry by providing subsidies and tax incentives to draw investors into the industry. The investment relating to RE are commonly expensive in comparison with fossil fuel-based power plants, though RE plants can be profitable if one considers every external opportunity that RE offers, such as environmental protection, sustainability and inclusive social development, etc.

Achieving the goals of sustainable and greener development of energy infrastructure in Bangladesh is constrained by several issues in terms of development and frameworks. A practical breakthrough is necessary to surmount the high upfront costs borne by developing a fresh market to let the RE market grow. This will have the effect of scaling up the renewable sector and drives down the cost of technology. In order for Bangladesh to make headway in building a low carbon society, legal instruments on RE are in dire need of institutional patronage to ensure level playing fields for all key players, the stakeholders, and the general public. Since it is undeniable that energy is the key antecedent for wide-scale development in the global arena, ensuring this development is sustainable and counters inequality and remains inclusive for all segments of the population is equally relevant. The government agencies are not the only ones who should make efforts. The private sector should also be more corporate, socially responsible and make compromises by accepting longer payback periods in RE projects. Globally, energy is imperative to pursue any type of development, and for attaining sustainable and all-inclusive development. In addition, creating a friendly green climate for the future remains a challenge for every country, not particularly, for Bangladesh. To mitigate climate degradation and to achieve the SDG goals, Bangladesh should lead its energy sector into renewable sources. Providing an equitable opportunity to its citizens and promoting inclusive development for the society, choosing RE is one of the most strategic options that Bangladesh has in its hand now. 

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