Journal on Environmental Law Policy And Development Vol-3 (2016)

Abstract of JELPD Volume 3

 1.     The Supreme Court of India Exceeds its Constitutional Boundaries.

Prof. Armin Rosencranz

The author, teacher and researcher explores three actions/cases by the Supreme Court of India on its own motion (suo-moto): The Delhi Bus Pollution Case of 2002; the two Interlinking Rivers instructions to the Executive, most recently in 2012; and the Godavarman case of 1995, which is ongoing under the Court’s questionable doctrine of “continuing mandamus” in these cases, Prof Rosencranz believes that the Court seems to have exceeded constitutional boundaries. In Godavarman it has unleashed unprecedented poetical, social, and economic upheavals.

2.     An Inferential Outlook on Role of ‘Doctrine of Public Trust’ in Safeguarding Environment, with Special Reference to Indian Judiciary.

Prof. Sairam Bhat and Rajesh Gopinath

This an analysis of the inferential outlook on the role of Doctrine of Public Trust. The ‘Doctrine of Public Trust’, an early principle originating from Roman law and adopted from England by the American states in its traditional role has in the past been effectively employed to protect ‘public-uses’ of navigable waters and in the present across the globe to preserve ‘ecological’ functions. Though in India, Pakistan, Philippines, Uganda, Kenya, Nigeria, South Africa, Brazil, Ecuador, and Canada; the doctrine has become squared with environmental protection and is frequently entrenched in constitutional and statutory provisions with latter nations; there arc only just a few instances of the scores of Indian judicial pronouncements that have put environmental protection and doctrine on the highest pedestal of the legal landscape. The article explores and strives to stress for the need of a robust interaction between nuisance enforcement and a reinvigorated ‘Doctrine of Public Trust ‘ as an ideal machinery/mechanism for ensuring effective legal protection of the environment so as to serve the nature, guide the intensity of actions and to support preservation.

3.     Impact of the National Green Tribunal on Environmental Governance in India: An Analysis of Methods and Perspectives.

Geetanjoy Sahu

 This article is about the Impact of the National Green Tribunal on Environmental Governance in India. Much has been talked and debated about the National Green Tribunal in India and rightly so, as since the enactment of the NGT Act in October 2010 till 31^st January 2015, the total institution of cases before the National Green Tribunal and its four Zonal benches located in Kolkata, Chennai, Pune and Bhopal was 7768 cases. Out of which 5167 cases were resolved and 2601 cases were pending. The number of environmental cases resolved by the NGT has drawn the attention of legal experts, environmental groups, social science scholars and media to understand and examine what has been the impact of the NGT on the nature and process of environmental governance in India. Current studies and media reports view the role of the NGT in various ways. Many have welcomed this relatively new role of the Green Tribunal in environmental protection for the good that it is perceived to have done; others are somewhat uneasy at this development; a few feel strongly that it is improper. Judging by the recent literature, this ambivalence is increasing. These studies, however, do not necessarily provide insight on the nature of environmental orders or illuminate broader patterns of the green tribunal orders and what kind of impact it has made on environmental governance in India. This paper seeks to transcend these limitations and offer a critical analysis of green tribunal orders from 2010-2015 through a review of selective NGT orders. In doing so, I begin by explaining why and how the NGT was set up and what are the powers and functions of NGT and then I discuss the nature and process of NGT decisions on environmental issues and finally, I highlight the major impact of NGT orders on environmental governance in India.

 4.     Global Climate Justice as a Newer Goalpost before the Non-Aligned Movement.

 Debasis Poddar

 Debasis Poddar, in his article ‘Global Climate Justice as a Newer Goalpost Before the Non-aligned Movement’ puts across the dimension of climate political landscape, especially on the NAM movement. With a declaration by the UN Secretary General Ban-Ki-moon on May 25, 2011 on climate change as one among three concerns in which joint action by the United Nations and the Non-Aligned Movement (NAM) is essential, the so called third world transcended the threshold of newer worldwide threat- anthropocentric change in hitherto sustainable climate to gross detriment of the carrying capacity of the planet vis-a-vis life sustenance. Other concerns, e.g. armed conflict and extreme poverty, being no de novo threats as such, global climate justice possess a newer goalpost before the NAM to grapple with in the post-bipolar world and thereby prove its relevance to renegotiate collective measures for the maintenance of international peace and security not only from the scourge of war but also from anthropocentric syndrome out of given mode of modernity for carbon civilization-dark development in lateral sense of the term- in larger interest of the humanity.

 5.     Rainwater Harvesting: A Glimpse

 Diana John

Diana John, an independent researcher, contributes on the issues and challenges faced in Rainwater harvesting. The law and policy relating to rainwater harvesting forms an important part of Environmental Law. Its dimensions; however extends much beyond environmental law This is because it touches the economic, agricultural commercial and domestic life of every country. Rainwater Harvesting- A Glimpse attempts to briefly state the history, meaning and scientific aspect of rainwater harvesting. It defines the position of the legislation, law and policy adopted in India and some international good practices. In the light of the fact that there is still room for making efficient the scientific and legal aspects of rainwater harvesting, the article equally tries to bring to the attention of the reader some suggestions for achieving the same.

6.     Toxic Waste Colonialism: A Re-evaluation of Global Management of Transboundary Hazardous Waste

Dinkar Gitte and Nainy Singh 

The Authors have looked at the issue of Toxic Waste, especially in India and in the Transboundary context. With the emergence of new export market for toxic garbage, developing nations have become the foremost choice for hazardous waste dumping by the developed world. This practice, also called, ‘toxic waste colonialism’ allows a rich country to exploit differing environmental regulations for the purpose of identifying lands suitable for use as dumping sites. Basel convention, so far, has been the international response to this problem. Despite resistance on several fronts, it continues to be the hallmark of international regulation of transboundary movement of hazardous waste and a pristine reflection of environmental democracy. However, the convention is not any longer considered as coercive enough to fight the increasing global quantities of hazardous waste, including the electronic waste that dangerously threatens the environment and public health of the people in the developing world. By re-evaluating the flaws in the present international legal framework and suggesting possible solutions by focusing on devastating effects of toxic trade this area of global environment injustice may be effectively confronted.

7.     Emancipating the Role of Local Population in Protecting Natural Environment in India: A Critique on Ecological and Legal Aspect.

Siddiqui Saima J.A

Siddiqui Saima J.A., Research Scholar, HNLU, has viewed and analysed the role of local population in protection of environment in India. The author argues that the local communities including tribes, hunters, gatherers and closed groups share an indispensable bond with natural environment. Their livelihood and occupations are closely connected with natural resources and their ecological services. In fact, the living pattern of local communities is such that they use and preserve natural resources sustainably. In spite of their pivotal contribution towards protecting natural resources, the Indian legal system has not adequately recognized their role in this regard. Though Indian Constitution explicitly directs the state to take legislative and policy decisions to safeguard environment under Directive Principles of State Policy and also prescribes a fundamental duty of every citizen to protect anti improve natural environment, it nowhere explicitly recognizes the role of local communities in achieving the above stated ends. Similarly, several statutes on protection of natural resources and environment like Forestry legislations enacted from 1865 to 1980, Water Act, 1974, Coastal Regulation Zone Notification, 1991 have not acknowledged the role of local communities in assisting the state to protect natural resourced Nonetheless, certain measures like Fifth and Sixth Schedule of Indian Constitution, Panchayat Extension to Schedule Areas Act, 1996 and Forest Dwellers Act, 2006 have given prominence and autonomy to local communities like tribal to protect natural resources through participatory democracy and decision making process. The Indian Judicial system has also played a cardinal role in harmoniously construing the practices of local communities and their efficacy in preserving the natural environment. Lately, a strong incentive has arose at the international and grass root level to adopt community strategies in preserving the natural resource.

8.     Analysis of Plantations Industry vis-à-vis Environmental Laws.

Keith Varghese

Another contribution is from Keith Varghese on Analysis of Plantation Industry vis-à-vis Environmental Laws. Plantations industry like tea, coffee, spices etc. has a tremendous contribution to our nation in terms of economy and employment. Apart from the contribution to the economy, the industry has a direct connection to environmental laws. It has a positive as well as negative impact on the environment. The article explains in detail the numerous laws applicable to the plantations industry with respect to the existing environmental laws. There is a lacuna in the legal framework in the plantations industry in relation to the environmental laws. Recently, the industry has been hit hard by issues pertaining to labour and status of plantation lands as forests. Frequent strikes and confusion regarding the status of plantation lands has been the source of constant chaos and numerous litigations. The article while highlighting the need for a national policy relating to Plantations also points out how safeguarding the environmental aspect in the industry might solve the issues in relation to labour being faced throughout the industry.

9.     The Climate has Changed and There is Nowhere to Go! An Appraisal of Ioane Teitiota v. The Chief Executive of Ministry of Business, Innovation and Employment, New Zealand.

Manjeri Subin Sunder Raj

At the end, we have a case comment on the issue of Climate Justice. In the case of Ioane Teitiota v. The Chief Executive of Ministry of Business, Innovation and Employment, New Zealand the effects of climate change, felt across the globe in myriad ways, have a latest addition- Climate Refugees. The New Zealand judiciary has had an opportunity to look into whether a person can claim refugee status uf.def the 1951 Refugee Convention owing to climate change. The court, having had to tread a carful path, so as to ensure that a right balance is maintained between human rights and the law in place, has come out with a reasoned judgment, though in the negative, but making it clear that when the right case comes before it, the status would be considered.

Editorial Board:

Patron-in Chief
Prof. (Dr.) R. Venkata Rao, 
Professor of Law &Vice-Chancellor,
National Law School of India University, Bengaluru
Patron

Chief Editor

Prof.(Dr.) Sairam Bhat
Professor of Law & Coordinator
Centre for Environmental Law, Education, Research and Advocacy
National Law School of India University, Bengaluru

Editor

Assistant Editors

1. Ms. Veada Noopura, Research Officer, CEERA and Commons Cell

2. Mr. Divyesh Pratap, Research Officer, CEERA and Commons Cell

Editorial Advisory Board

What to Submit?
1. Long Articles (5000-8000 words, exclusive of footnotes).
2. Short Articles (3000 -5000 words, exclusive of footnotes).
3. Case Comments, Legislative Briefs, Law Commission Report/Review (1500-2500 words, exclusive of footnotes).
4. Book Review (700-1500 words, exclusive of footnotes).

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1. All submissions must have a concise title with a maximum of 70 characters.
2. Submissions made under the category of articles must contain an abstract of not more than 200 words along with a maximum of 5 keywords.
 
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Editor, Editorial Board and the Advisory Board shall ensure that the manuscript submitted for review shall remain confidential while under review. Unpublished manuscripts undergoing review and the ones rejected would not be used by the Editor, Editorial Board, Reviewers or the Advisory Board in any way for the personal advantage of the Editorial Team without the written consent of the author. Privileged information or ideas obtained through peer review would be kept confidential and not used for personal advantage.

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                                              CODE OF RESEARCH ETHICS, INTEGRITY AND SUBMISSION POLICY (CRISP)
                           FOR THE JOURNAL ON ENVIRONMENTAL LAW, POLICY AND DEVELOPMENT (JELPD) ISSN: 2438-7046
 
CEERA, NLSIU follows strict ethical standards for publication to ensure integrity, quality and standard in all its research publications. All submissions made to the journal shall be governed by the following policy 

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Each manuscript would go through a double blind peer review process by the Editor and Editorial Board. After review, the manuscripts may be sent to the authors for necessary additions or corrections with respect to the style or content, which must be carried out by the authors within the timeline stipulated. Authors would be provided with PDF proofs of their manuscripts with instructions about additions and corrections and timely information about the ongoing review process.

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Editors’ decisions to accept or reject a manuscript for publication would be solely based on the manuscript’s intellectual content, originality, quality, clarity of thought and expression, and adherence to the specific theme identified for a volume, if any.  The Editorial Team reserves the right to ask authors to carry out changes to the manuscript (multiple times if required); accept the submission for review and reject the submission. The editor shall ensure that the peer review process is fair, unbiased, and timely.  Research articles would be reviewed by at least two expert reviewers, and where necessary the Editor may seek additional opinions from the Advisory Board. Decision of the Editor regarding acceptance or rejection of a manuscript shall be final and binding.