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The Oxford Handbook of Environmental and Natural Resources Law in India

The Oxford Handbook of Environmental and Natural Resources Law in India

Author: Philippe Cullet; Lovleen Bhullar; Sujith Koonan
Publisher: Oxford University Press
ISBN: 9780198884682
Published In: August 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,898.00

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Description
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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.

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

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