The Oxford Handbook of Environmental and Natural Resources Law in India

Description

Environmental law is a broad discipline covering issues such as nature conservation, the prevention or abatement of pollution, and waste management. It also encompasses concerns related to natural resources, such as forests, minerals, and fisheries, and the balance between their use and conservation. India has been at the forefront of jurisprudential developments among countries with similar environmental, geographical, socio-economic, and cultural conditions. Concurrently, the country has been receptive to ideas and principles arising from other parts of the world or from international law. The growth of environmental and natural resources law in India has been sustained in equal measure by growing environmental awareness and the increasingly dire nature of the problems associated with the environment and natural resources, ranging from local issues to the global climate crisis. At the same time, the continuous push for development has not abated, leading to recurrent pressure to weaken existing standards for environmental protection and the management and use of natural resources. The Oxford Handbook of Environmental and Natural Resources Law in India offers the most comprehensive coverage of the diverse and complex discipline of environmental and natural resources law in India over the past fifty years. With forty-two contributions from law and non-law scholars, the Handbook presents diverse perspectives on several areas including biodiversity, climate change, water, forests, agriculture, health, resource extraction, and industrial development. By departing from the existing approach that examines natural resources law and environmental law separately, The Oxford Handbook of Environmental and Natural Resources Law in India offers a much-needed integrated analysis of the development of domestic jurisprudence vis-à-vis the environment and natural resources.

About the editors:

Dr Philippe Cullet is Professor of International and Environmental Law at SOAS University of London and a Visiting Professor at the National Law University, Delhi. He received his doctoral degree in law from Stanford University, an MA in Development Studies from SOAS University of London, an LLM from King's College London, and a law degree from the University of Geneva. Dr Cullet has published extensively on environmental law, natural resources, water and sanitation, and socio-economic rights, and engages regularly with policymakers at the national and international levels. He is an Editor of the Law, Environment and Development (LEAD) Journal—a joint publication of SOAS University of London and the International Environmental Law Research Centre (IELRC), Geneva.

Dr Lovleen Bhullar is an Assistant Professor at Birmingham Law School, University of Birmingham. Previously, she was a Research Fellow in Regulation and Antimicrobial Resistance at Edinburgh Law School. Dr Bhullar holds an LLB degree from the National Law School of India University, Bangalore, an LLM in Environmental Law, a PhD from SOAS University of London, and an MSc in Environmental Policy and Regulation from the London School of Economics and Political Science. She is an Editor of the Law, Environment and Development (LEAD) journal—a joint publication of SOAS University of London and the International Environmental Law Research Centre (IELRC), Geneva.

Dr Sujith Koonan is an Associate Professor at the Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi. He completed his PhD from SOAS University of London, where he was a recipient of the SOAS Doctoral Research Scholarship (2013-16). He holds an MPhil in International Law from Jawaharlal Nehru University, New Delhi, and an LLM in Environmental Law and Human Rights from Cochin University of Science and Technology, Kochi. He is a Member, Editorial Board, of the Law, Environment and Development (LEAD) journal—a joint publication of SOAS University of London and the International Environmental Law Research Centre (IELRC), Geneva. His main areas of interest are environmental law, water and sanitation, law and natural resources, international law, human rights, and agro-biodiversity.

Table of contents

Foreword
List of Contributors
Introduction
Part I: Background and Context
1.:Environment, Natural Resources, and Environmental History, Vinita Damodaran and Sourav Kumar Mahanta
2.:International Environmental Law and Interface with India's Domestic Law, Bharat H. Desai
3.:Cross-Fertilization of Environmental Law in the SAARC: Exploring Substantive and Constitutional Environmental Rights, Shawkat Alam
4.:The Environment, the Constitution, and the Legal Framework at the National Level, Shyam Divan
5.:Environmental Movements and Law, Nairita Roy Chowdhury
Part II: Institutional and Regulatory Dimensions
6.:Governing the Environment in the 5th and 6th Schedule Areas, Virginius Xaxa
7.:Bilateral Investment Treaties and the Environment, Prabhash Ranjan
8.:Economic Instruments and Economic Regulators, M.N. Murty and Sushama Murty
9.:Liability, Charu Sharma and Vishavjeet Chaudhary
Part III: Principles and Concepts
10.:Sustainable Development: Exploring Jurisprudential and Policy Trajectories, Nupur Chowdhury and Haaris Moosa
11.:Prevention, Precaution, and Polluter Pays Principles, Preeta Dhar and Parul Gupta
12.:Public Trust Doctrine, Roopa Madhav
13.:Environmental Duties, Shalini Iyengar
14.:Rights of Nature, Stellina Jolly
15.:Procedural Environmental Rights, Shiju Mazhuvanchery
16.:Due Process and Environmental Law, Arpitha Kodiveri
Part IV: Land, Agriculture, and Biodiversity
17.:Individual and Community Property Rights and Duties in Land and the Environment, M.S. Vani
18.:Agriculture, Food Systems, and the Environment, Zainab Lokhandwala
19.:Agriculture and Technology, Jagjit Kaur Plahe and Wendell S.C.L. Cornwall
20.:Conservation and Use of Biological Resources, Alphonsa Jojan
21.:Biosafety in Synthetic Biology, Sophy K.J.
Part V: Fisheries and Marine Environment
22.:Marine Fisheries, Divya Karnad
23.:Protecting the Coastal and the Marine Environment, Tony George Puthucherril
Part VI: Forests, Ecosystems, and People
24.:Forest Management and Conservation Regime, Sharachchandra Lélé
25.:Forest Rights and the Forest Rights Act, Shomona Khanna
26.:Ecosystems' Protection and Wildlife, Sanjay Upadhyay
Part VII: Air, Climate Change, and Disasters
27.:Air Quality Regulation, Shibani Ghosh
28.:Climate Change: Policy, Institutional, and Legal Frameworks, Navroz K. Dubash, Aditya Valiathan Pillai, and Anirudh Sridhar
29.:Environmental Disasters and Climate Change, Birsha Ohdedar
Part VIII: Water
30.:Groundwater Law: Protection and Use, Himanshu Kulkarni and Kumar Satyam
31.:Water Quality and Water Pollution, Aviram Sharma
32.:Water Sharing and Protection: Inter-State Dimensions, K.J. Joy, Neha Bhadbhade, Sarita Bhagat, and Abraham Samuel
33.:Water Disputes and the Environment: Transboundary Dimensions, Srinivas Chokkakula
Part IX: Health and Sanitation
34.:Health and the Environment, Awadhendra Sharan
35.:Sanitation: Linkages with the Environment and Public Health, Tanvi Bhatkal and Lyla Mehta
Part X: Resource Extraction, Industrial Development, and Energy
36.:Mining and the Environment, Sarvajeet Kumar Sinha and Roopa Madhav
37.:Hazardous Waste, T.R. Subramanya and Aruna L.
38.:The Bhopal Disaster and the Environment, Arpitha Kodiveri and Salil Tripathi
39.:Energy and Sustainability, Uday Shankar and Arindam Basu
Part XI: Enforcement and Litigation
40.:Penalties and Compensation, Dhvani Mehta and Debadityo Sinha
41.:National Green Tribunal and the Environment, Gitanjali Nain Gill
42.:Courts and Solid Waste Management in Urban Areas, Kaveri Gill
Index