By Anu Mittal, Symbiosis Law School, Noida Editor’s note: In recent jurisprudence, denial of water has been deemed to imply a denial of right to life. Though not explicitly stated in the Indian Constitution as a Fundamental Right, it has been read into the interpretation to Article 21. The State […]
Civil Aviation in the EU Emission Trading Scheme
By Pravir Singh Srivastava & Akanksha Sisodia, Symbiosis Law School, Noida Editor’s note: In order to reduce greenhouse gas emissions effectively, the European Union established an emissions trading system. A ‘cap’ is set on the total amount of greenhouse gases that can be emitted – this cap now includes emissions […]
Religious Freedom And Environmental Protection
By Sumit Kumar Suman, CNLU Editor’s Note: The author mainly focuses on the point that whether any contravention between the religious freedom and environmental protection or in other words we can say that if there is any contravention then we have to know that same occurred, in which manner? ENVIRONMENTAL […]
Geological Carbon Sequestration:Is The Existing Legal Framework Adequate?
By Priyan Garg, Amity Law School, Noida EDITOR’S NOTE:- Carbon sequestration is the process of removing carbon dioxide from the atmosphere. While it prima facie falls within the scope of geo-engineering, the need for a concrete legal framework to resolve the disputes arising out of geological carbon sequestration has been […]
Impact of farm raised salmon on the ecosystem
Tarunya Shankar Editor’s note: The U.S. Endangered Species Act was passed to protect the frail ecosystem and the variety of life that it contains. It divides species into endangered and threatened – depending upon the level of risk they face. This paper examines the efficiency of the above Act, and […]
Mandatory Carbon Taxes
By Kanthi Kiran Mamidanna, NALSAR University, Hyderabad “Editor’s Note: Carbon tax is a fee imposed based on the level of carbon in a particular product to discourage the release of greenhouse gases. This paper undertakes an economic analysis of carbon taxes by using the game theory to determine if developing countries […]
The Role of Indian Judiciary in Protection of Environment in India
In recent years, there has been a sustained focus on the role played by the higher judiciary in devising and monitoring the implementation of measures for pollution control, conservation of forests and wildlife protection. Many of these judicial interventions have been triggered by the persistent incoherence in policy-making as well as the lack of capacity-building amongst the executive agencies. Devices such as Public Interest Litigation (PIL) have been prominently relied upon to tackle environmental problems, and this approach has its supporters as well as critics. The main objective behind the present study made by the author is to identify the present scenario and analyse the nature and extent of developments till date in various environmental statuses through statutes, law, conventions and various other issues regarding the court decisions and judicial processes.
Emission Trading Scheme: A Brief Overview and Indian Perspective
By Abhishek Mohanty, WBNUJS Editor’s Note: The concern for controlling the level of pollution in the world has been growing steadily with the increasing urbanization and industrialization. This paper presents an overview of the Emissions Trading Scheme. This scheme become successfully in the early 80’s in America and this became even more successful when emissions trading […]
Precautionary Principle
By Harpreet Kaur, UILS, Chandigarh “Editor’s Note: The precautionary principle has been adopted universally in different environmental instruments. It states that if there is risk of severe damage to humans and the environment, absence of incontrovertible, conclusive, or definite scientific proof is not a reason for inaction. This principle shifts the […]
Biodiversity Act, 2002: An Analysis
By Udisha Ghosh and Chandralekha Akkiraju, Symbiosis Law School, Pune “Editor’s Note: Biodiversity assumes immense significance for the survival of human beings because we depend on it even for our most basic needs like food and medicines. India houses a substantial portion of the world’s biodiversity. But India did not have […]
Civil Liability for Nuclear Damage Act, 2010
By Shivani Gupta, HNLU Raipur Editor’s Note: By using a miniscule of nuclear matter, the problem of immeasurable human needs for energy can be resolved. However since nuclear energy also has the inherent potential for catastrophic destruction, one should be extremely mindful of the consequences should a mischance occur. Bearing […]
Civil Nuclear Liability
By Apurv Jain, NUALS Editor’s Note: Civil Nuclear Liability has recently gained a lot of momentum after India entered into agreements with nations like the United States of America, France, and others. Also now India is a part of the Convention on Supplementary Compensation (CSC). With a history of Bhopal Gas Tragedy, […]
Environmental Protection And Supreme Court Activism
By Rahul Deo, CNLU Patna Editors Note: Environment and life are interrelated. Our lives depend on natural resources such as air, water, and land. Environmental destruction threatens survival; conversely, human rights violations can cause environmental degradation, for instance, war can lead to loss of access to clean water. Thus, the […]