The Oxford Handbook of Environmental and Natural Resources Law in India

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-a-vis the environment and natural resources.

Auteur
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.

Texte du rabat

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.

Contenu

• Foreword

• List of Contributors

• Introduction

• Part I: Background and Context

• 1.: Vinita Damodaran and Sourav Kumar Mahanta: Environment, Natural Resources, and Environmental History

• 2.: Bharat H. Desai: International Environmental Law and Interface with India's Domestic Law

• 3.: Shawkat Alam: Cross-Fertilization of Environmental Law in the SAARC: Exploring Substantive and Constitutional Environmental Rights

• 4.: Shyam Divan: The Environment, the Constitution, and the Legal Framework at the National Level

• 5.: Nairita Roy Chowdhury: Environmental Movements and Law

• Part II: Institutional and Regulatory Dimensions

• 6.: Virginius Xaxa: Governing the Environment in the 5th and 6th Schedule Areas

• 7.: Prabhash Ranjan: Bilateral Investment Treaties and the Environment

• 8.: M.N. Murty and Sushama Murty: Economic Instruments and Economic Regulators

• 9.: Charu Sharma and Vishavjeet Chaudhary: Liability

• Part III: Principles and Concepts

• 10.: Nupur Chowdhury and Haaris Moosa: Sustainable Development: Exploring Jurisprudential and Policy Trajectories

• 11.: Preeta Dhar and Parul Gupta: Prevention, Precaution, and Polluter Pays Principles

• 12.: Roopa Madhav: Public Trust Doctrine

• 13.: Shalini Iyengar: Environmental Duties

• 14.: Stellina Jolly: Rights of Nature

• 15.: Shiju Mazhuvanchery: Procedural Environmental Rights

• 16.: Arpitha Kodiveri: Due Process and Environmental Law

• Part IV: Land, Agriculture, and Biodiversity

• 17.: M.S. Vani: Individual and Community Property Rights and Duties in Land and the Environment

• 18.: Zainab Lokhandwala: Agriculture, Food Systems, and the Environment

• 19.: Jagjit Kaur Plahe and Wendell S.C.L. Cornwall: Agriculture and Technology

• 20.: Alphonsa Jojan: Conservation and Use of Biological Resources

• 21.: Sophy K.J.: Biosafety in Synthetic Biology

• Part V: Fisheries and Marine Environment

• 22.: Divya Karnad: Marine Fisheries

• 23.: Tony George Puthucherril: Protecting the Coastal and the Marine Environment

• Part VI: Forests, Ecosystems, and People

• 24.: Sharachchandra Lélé: Forest Management and Conservation Regime

• 25.: Shomona Khanna: Forest Rights and the Forest Rights Act

• 26.: Sanjay Upadhyay: Ecosystems' Protection and Wildlife

• Part VII: Air, Climate Change, and Disasters

• 27.: Shibani Ghosh: Air Quality Regulation

• 28.: Navroz K. Dubash, Aditya Valiathan Pillai, and Anirudh Sridhar: Climate Change: Policy, Institutional, and Legal Frameworks

• 29.: Birsha Ohdedar: Environmental Disasters and Climate Change

• Part VIII: Water

• 30.: Himanshu Kulkarni and Kumar Satyam: Groundwater Law: Protection and Use

• 31.: Aviram Sharma: Water Quality and Water Pollution

• 32.: K.J. Joy, Neha Bhadbhade, Sarita Bhagat, and Abraham Samuel: Water Sharing and Protection: Inter-State Dimensions

• 33.: Srinivas Chokkakula: Water Disputes and the Environment: Transboundary Dimensions

• Part IX: Health and Sanitation

• 34.: Awadhendra Sharan: Health and the Environment

• 35.: Tanvi Bhatkal and Lyla Mehta: Sanitation: Linkages with the Environment and Public Health

• Part X: Resource Extraction, Industrial Development, and Energy

• 3…