Journal on Environmental Law Policy And Development Vol-5 (2018)
About the Journal
Abstract for JELPD Volume – 5
1. Socio-Political and Environmental Impact of Fracking.
Prof.(Dr.) Armin Rosencranz and Shubham Janghu
The article states that shale gas has been recently developed and poses as an attractive tool both for political and economic purposes. In the U.S., the prices of oil and gas have dropped substantially thereby causing a reduction in the cost of production of steel, fertilizers, plastic and other petrochemical products. It is critically analysed that the same has arrayed the fear of exhaustion of traditional oil and natural gas in the foreseeable future. Shale gas and oil extraction have faced severe criticism from environmental groups and the Environmental risks posed by fracking (the process of extracting shale gas and oil), especially groundwater contamination, have been recognized in the environmental impact assessments conducted in the European Union and the U.K., which is emphatically discussed in the research article. Due to such concerns, France and Luxembourg and other sub-national governments have declared a moratorium on fracking. Following the footsteps of the U.S. and in the hope of reaping similar benefits, the Indian Government, in 2013, notified its shale gas and oil policy that accords the right of exploration and exploitation of shale deposits to the National Oil Companies. The authors discuss potential socio-political and environmental impacts of fracking in India and the various legal hurdles that it might encounter in international forums and Indian courts. With respect to the former, India is bound by the procedural and substantive obligations under the precautionary principle and the duty not to cause transboundary harm to the aquifers. Under Indian law, there might be a threat to the fundamental right of the local people to clean and safe water, environmental law principles like the public trust doctrine and the precautionary principle, and the ground-water laws of the states.
2. Public Liability Insurance: Its Relevance, Application, Shortcomings And the Way Forward
Dr. T.R. Subramanya & Aaditya Dighe
Public Liability Insurance has over twenty-six years of long jurisprudential existence. While the Act was enacted by the Parliament, in light of the onslaught caused by Bhopal Gas Disaster and Oleum Gas Leak incident, it sought to comprehensively consolidate the law in relation to an enterprise’s liability while handling any hazardous substance. However, in face of the ever increasing economic development, it is criticised that the provisions of this law are archaic in nature. This has been stated due to the fact that there seems to be a lag in the delivery of the law’s objective of protecting members of the economically weaker sections of the society, who cannot afford prolonged litigation in a court of law. The maximum eligible compensation under the Act is a paltry sum of Rupees 25,000, in the case of an occurrence of a fatal accident. There are such other lacunae wherein all workmen and the accidents arising out of radioactivity are excluded from getting any compensatory relief under the Act. Furthermore, the Act has an ambiguous Relief Redressal Mechanism, under which there exists a confusion regarding the scope of District Collector’s discretionary power to award compensation, over and above the provisions on mandatory compensation. As a result of several such loopholes, only a few claims have been filed under the Act in the past twenty six years. To that end, the authors through their paper advocate for bringing in several structural reforms to the Act through the recognition of dual compensation schemes, increasing the compensatory relief and bringing government corporations within the purview of the Act.
3. The Wetlands (Conservation and Management) Rules, 2017: A Critique.
Avani Dubey
India is home to about 201,503 wetlands, which are under a serious threat due to reckless exploitation by citizens and the government. In the prevailing conditions, the Wetlands (Conservation and Management) Rules, 2017 have brought about several much-needed changes in the existing regime, such as a complete prohibition on encroachment, poaching and constructions of permanent nature in the notified areas. However, the Act it is not free from loopholes and unfortunately allows room for many destructive activities that can occur in wetlands. The author critically analyses the Rules, discussing various changes brought about by them; their probable impact and the areas which inexpediently permit destruction, such as the ‘wise-use’ concept.
4. Extended Producer’s Responsibility in India: An Analysis of the Legislative Framework in the Background of Key Challenges.
Praneeta Ragji
Praneeta Ragji examines the legislative framework to support the concept of Extended Producer’s responsibility in India. Rapid growth coupled with rapid product obsolescence has contributed to discarded electronics becoming the fastest growing waste stream in the industrialized world, with India estimated to be generating over 2.7 million tonnes of e-waste every year. A holistic picture of the legislative provisions governing Extended Product Responsibility (EPR), which essentially places the burden upon the manufacturer to retrieve the electronic product sold after its shelf life and dispose it off in an environment-friendly manner, is attempted by the Author. Thereafter, the lacunae in the provisions with regard to their implementation are analysed, keeping in mind factors such as compliance, awareness and the informal sector. An endeavour is made to address the shortcomings in the legislative provisions by means of various suggestions put forth by the author.
5. Bio-Medical Waste Management Rules, 2016: A Comment.
Sudhanshu Pathania
Sudhanshu Pathania in his article evaluates the Bio-Medical Waste management Rules 2016. The author states that with the growth of medical technology and country’s aim to provide affordable healthcare to everyone, hospitals and healthcare businesses are growing rapidly. With the tremendous growth of these health care units, there has been a surge in the amount of bio-medical waste that is been generated. To handle bio-medical waste, Bio-Medical waste (Management and Handling) Rules, were notified first in the year 1999, then in 2011 which now has been replaced by Bio-Medical Waste Management Rules, 2016. The author seeks to identify the shortcoming of the 2011 rules and analyse how the new rules try to overcome these shortcomings
6. Towards an Effective E-Waste Policy: Controlling Electronic Waste Pollution in India.
Utkarsh Agarwal
Utkarsh Agrawal highlights the Electronic waste management policy in India. E-waste is currently a serious concern, since over the past few decades the generation of e-waste has grown exponentially and will continue to do so in the foreseeable future. Instead of acknowledging the growing problems of e-waste and working towards a solution, industrialised nations have chosen to export such waste to developing nations, who use it as a source of raw material. Without effective policy and infrastructure, these developing nations are often burdened with heavy metals and associated health risks. As India moves on towards development, keen to earn an industrialised nation tag, it can no longer afford to be a third-world dumping ground for e-waste. Instead, India must use this opportunity to upgrade its e-waste management and create a safe and affordable source of raw material. The first step towards this, as suggested by the author is the need for a robust e-waste policy that can spur investment and infrastructural developments in this sector.
Editorial Board:
Patron-in Chief
Prof. (Dr.) R. Venkata Rao,
Professor of Law &Vice-Chancellor,
National Law School of India University, Bengaluru
Patron
Prof. (Dr.) M. K. Ramesh,
Professor of Law,
National Law School of India University, Bengaluru
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
Mr. Manjeri Subin Sunder Raj
Assistant Professor of Law
Centre for Environmental Law, Education, Research and Advocacy
National Law School of India University, Bengaluru
Editorial Committee:
1. Ms. Archita Narayanan, Assistant Professor, NLSIU.
2. Ms. Raagya Zadu, Teaching Associate, NLSIU
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).
How to submit?
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.
Formatting Guidelines
1. The paper should be free from all grammatical and spelling errors.
2. The submission must be word-processed and in Times New Roman. The main text should be in font size 12 and footnotes in font size 10, line spacing 1.5, and the text should be justified.
3. A one line gap must be maintained between all paragraphs and headings.
4. All hyperlinks must be in black colour and must not be underlined.
5. Heading levels should be clearly indicated.
6. Citations should appear as footnotes that are numbered consecutively. The Journal does not accept in-text citations and endnotes.
7. Tables, if included should be self-explanatory, numbered serially and accompanied by concise titles and sources.
8. Figures and images if included should be submitted in a separate file along with the manuscript in word format (.doc). Images and figures taken from external sources should be adequately captioned; sources acknowledged and should be of high resolution.
9. The manuscript must not contain the name of the author(s) or his/her institutional affiliation or any other information. A separate cover letter containing the name of the author(s), professional information, contact details, and other relevant information must be provided.
10. Only articles in English will be considered for publication.
11. Manuscripts submitted shall be understood as final versions, subject to subsequent corrections suggested by the Editor.
12. Manuscripts should be submitted electronically, in Word format, via e-mail to ceera@nls.ac.in or submitted through our website – Submission | National Law School of India University (ceerapub.nls.ac.in).
13. Manuscripts submitted to this Journal must not have been published elsewhere previously. If during the review process, the manuscript is accepted for publication in any other Journal; Book; any other format, including electronically, the responsibility shall solely lie on the author to immediately inform the Editor and withdraw the manuscript from the review process.
14. On acceptance of any manuscript for publication, the author would be required to sign a ‘Consent to Publish and Grant of Exclusive Licence’ form.
15. For further information on style, see the CEERA Style Guide here.
16. Non-conformity with the submission guidelines will be a ground for rejection.
Ethics and Malpractice Statement
Confidentiality
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.
Duties of Editor and Reviewers
1. It shall be the responsibility of the Editor to ensure that the peer review process is fair, unbiased, and timely.
2. The editor shall select reviewers for the manuscripts submitted based on their expertise in the relevant field, keeping in mind the need for diverse and inclusive representation.
3. Any submission made by the Editor or members of the Editorial Board shall be subject to the usual review processes of the Journal independent of the involvement of the relevant author or editor in question. The editor shall not be involved in decisions about papers which s/he has written him/herself or have been written by family members or colleagues or which relate to products or services in which the editor has an interest. A statement of this effect shall be clearly mentioned in any such submission that is published.
4. Reviewers shall bring to the notice of the Editor any suspicion of any breach of research ethics or misconduct, if any.
5. Reviewers shall bring to the notice of the Editor any potential conflicts of interest resulting from any relationship, professional or personal with any of the authors or institutions connected to the manuscripts submitted and recues himself or herself from reviewing the manuscripts in question.
Breach of Ethics
1. All cases of alleged misconduct and breach of research ethics shall be dealt with in an unbiased and objective manner.
2. The Editor and the Editorial Board would not out rightly reject submissions that raise concerns about possible misconduct. All alleged cases of misconduct shall be dealt with ethically and an opportunity of being heard and to file justifications and clarifications would be given to the author against whom allegation of misconduct has been raised and other affected parties.
3. Any allegation of plagiarism or publication misconduct raised by a third party would be dealt with after seeking clarifications from the original authors. The Editor reserves the right to not proceed against such allegations if deemed appropriate.
4. The Editor would be willing to publish corrections, clarifications, retractions and apologies when needed.
Duties of Authors
Authorship
Authorship should be limited to those who have made a significant contribution to the manuscript submitted.
Originality, acknowledgement of sources and plagiarism
1. Manuscripts submitted should be original work of the author(s). Any work or words of others including tables, images and figures used in the manuscript must be appropriately cited or quoted, acknowledged and captioned with permission, where necessary.
2. All citations, references and quotations must be verified before submission of the manuscript. All references should be carefully checked for completeness, accuracy and consistency. The accuracy of references is the responsibility of the author. Incorrect references and citations may be a ground for rejection of the manuscript.
3. Verbatim copying, paraphrasing without attribution, self plagiarism of the author’s previous work without due acknowledgement would be deemed as misconduct and dealt with accordingly
Notification of errors and competing interests –
1. All authors must disclose any financial and personal relationships with other people or organizations that could inappropriately influence (bias) their work or that may be construed to influence the interpretation of their submissions. Authors must disclose any interests in the title page file of the manuscript. If there are no interests to declare then the authors must state: “Declarations of interest: None”.
2. All sources of financial support, received if any in the conception, design or conduct of the research and/or preparation of the article should be disclosed.
3. Authors shall be obliged to provide retractions or corrections of mistakes or any significant inaccuracy in their published work or manuscript under review, in case of detection as soon as they come to their notice or are informed of the same. Such corrections shall be promptly notified to the journal Editor.
Copyright
Publication in the journal would be subject to authors signing a ‘Consent to Publish and Grant of Exclusive Licence form. By signing the Form, authors would have to warrant and represent that their manuscripts submitted to the journal have not be published elsewhere in whole or in part; that it is the original work of the author(s) and all the material taken from other sources have been duly cited and acknowledged by the author(s); that NLSIU shall be indemnified in case of any copyright violations; and that the views contained in the manuscripts are solely the views of the author(s) and shall in no way be construed as the views of the Editors, CEERA, and NLSIU, either jointly or severally.
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
Editorial and Review Process
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.
Editorial Decisions
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.