The Jindal Global Law Review published by the Jindal Global Law School
<http://www.jgls.edu.in> of the O.P. Jindal Global University
<http://www.jgu.edu.in>has issued a Call for Papers on ENVIRONMENTAL LAW
AND GOVERNANCE – INDIAN AND INTERNATIONAL PERSPECTIVES
.
The details are below:
*ENVIRONMENTAL LAW AND GOVERNANCE – INDIAN AND INTERNATIONAL PERSPECTIVES*
Issue Editors: NUPUR CHOWDHURY AND ELS REYNAERS Environmental law
as an area of practice and academic discipline in India has developed
considerably over the last three decades. Beginning with the enactment of
specific environmental pollution legislations like the Water (Prevention
and Control of Pollution) Act of 1974 and Air (Prevention and Control of
Pollution) Act of 1981, followed by the more holistically designed
Environmental Protection Act of 1986; and the expansion of fundamental
rights jurisprudence to include environmental protection through public
interest litigation, there has been both a realisation and awareness in the
government, legislature, judiciary and indeed individual citizens of the
need to develop a dedicated body of policy, legal and regulatory
instruments to address environmental issues that range from brown pollution
to that of wildlife and forest protection, natural resource management and
climate change. In some ways these national developments mirror
international events and occurrences (for instance, the hazardous waste
regulation was implemented following the Basel Convention). Nevertheless,
it is interesting to note that domestic exigencies have also influenced key
legislative developments in India. For instance, the Environment
(Protection) Act, 1986 was enacted partially in response to the grave
environmental and health hazards that resulted from the Bhopal Gas Tragedy.
Both community activism and judicial interventions have been identifiable
hallmarks of the environmental protection movement in India. Community
activism has been widespread in rural areas and specifically in the case of
natural resources. This also highlights the sui generis nature of the
environmental movement in India which is embedded within resource conflicts
between the government and poorer local communities, and not, for instance,
based on NIMBY (Not In My Back Yard) concerns of an urban middle class as
may have been the case in some Western countries. Environmental law debates
are closely related to the debates on the nature and distributional impacts
of the Indian development paradigm. There is also a critical need to look
into the various legislations which in their impact and scope touch upon
environmental resilience and communities’ coping capacities. Existing
frameworks on disaster management, rehabilitation and the value of
development itself need to be put in perspective while assessing the
overall jurisprudential impact of environment related policy making and
legislation.
Judicial interventions by the Supreme Court as well as some of the High
Courts have played a critical role in developing jurisprudence and key
regulatory instruments for ensuring environmental protection. The overall
quality, focus and impact of environmentally mandated legislations as seen
in the Indian jurisprudence need specific stock-taking.
These perspectives on developments in India can be enriched by comparative
studies on the development on environmental law in other countries. These
countries not only include those with whom we share common historical and
cultural histories (countries of the subcontinent, South Asia and
developing countries) but also those which have experimented with similar
legal instruments (for instance the use of EIA (Environment Impact
Assessment) in China, Brazil and EU-wide), or constitutional approaches
(such as South Africa).
Despite the judicial activism by the Indian Courts and their innovative
approaches, the enforcement of the various environmental laws and
principles still appear to project a very mixed result in terms of
achieving actual compliance. Therefore, environmental governance models,
the role of the executive power and the way the various enforcement
agencies function and are structured, are worthy of further comparative
analysis as well.
Contributions are invited on the relevant topics identified above,
including the following themes (this is not an exhaustive list): Legal
Remedies to address Environmental Harm
- Extensive use of the writ remedy and the concomitant lack of usage of
statutory remedies
- Tort remedies – public and private nuisance and negligence.
- Design and application of remedies under specific statutes like
Wildlife Protection Act, 1972, Water (Prevention and Control of Pollution)
Act 1974, Forest Conservation Act 1980, Air (Prevention and Control of
Pollution) Act 1981, Environment Protection Act 1986.
- Comparative studies on the usage of tort or constitutional remedies in
other jurisdictions.
Role of Personalities, Institutions and International Legal
Developments
- Role of specific judges in spearheading judicial activism on
environmental issues
- Assessment of judicial activism and its boundaries (e.g. the tension
between the right to life and the notion of the wider public benefit in
large-scale infrastructure projects). Approaches in India and other
jurisdictions.
- Performance of regulatory authorities like State Pollution Control
Boards (SPCBs) and Central Pollution Control Board (CPCB), National Human
Rights Commission and National Biodiversity Authority. Comparative studies
regarding environmental governance structures and successes in other
jurisdictions.
- Role of National Green Tribunal, Green Benches of High Courts and
Supreme Court. Stocktaking of developments in India; and/ or comparative
studies in other jurisdictions.
- National Implementation of Indian international obligations under
Multilateral Environmental Agreements (MEAs), such as the Cartagena
Protocol on Biosafety; Kyoto Protocol on Climate Change; the Basel
Convention on Transboundary Movement of Hazardous Wastes, etc.
- Comparative studies regarding domestic implementation of themes
addressed under MEAs: e.g. domestic responses to climate change, regulation
of GMOs, etc.
- Climate change, the UNFCCC regime and future challenges.
Stakeholder participation and Civil Society Activism
- Class action suits in e.g. the United States, and its scope in other
common law jurisdictions, including India.
- Role of scientific experts in environmental law and disputes in India
(e.g. EIA consultants; expert witnesses; bodies such as NEERI) and other
jurisdictions.
- Workable stakeholder engagement models for large public infrastructure
projects: comparative studies.
*International / comparative research*
Comparative analysis of all the above topics, including lessons learned,
laudable developments, etc. are welcome, although an India component is
always strongly encouraged. Submissions Submissions can be in the
form of articles, case notes and book reviews and should be emailed to the
address listed below in an MS Word *.doc (Times New Roman, font size 12,
double spacing) format.
Articles should be of 8,000 to 10,000 words, case notes and book reviews
should be of 3000 to 4000 words (including footnotes). All manuscripts
should be in UK English and footnotes should conform to the requirements of
The Bluebook: A Uniform System of Citation (19th ed.).
Contributors should email a 500 word abstract of their submission at the
address provided below by 15th September 2014. The deadline for accepting
final submissions is 30th November 2014.
Since JGLR follows a double-blind peer review process, it is imperative
that contributors stick to the deadlines. For further information or
clarifications, please write to us at [email protected] . You may also write
to us at [email protected] or [email protected] .
*For More Info About JGLS please visit -
http://www.jgls.edu.in/JindalGlobalLawReview/CurrentIssue.htm*
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