This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.
Development of Environmental Laws in India highlights the dynamic nature of environmental law-making in India between the judiciary, the executive and the parliament. This has led to the creation of a wide range of environmental institutions and bodies with varied roles and responsibilities. The book contains a large volume of materials from the late 1990s, which show a marked shift in the nature of environmental governance in India. These materials offer an understanding of the contemporary debates in environment law in the context of India's economic liberalisation. The materials are thematically organized and presented in an accessible manner. The chapters contain definitions and specific clauses from the legal instruments and refer to court orders and judgements on these themes.
This book provides an insightful and holistic up-to-date perspective of the constitutional governance and legal framework in India with regard to environmental protection. Covering the foundational principles of environmental law, the book details the current status of international environmental law in the face of complex environmental challenges including climate change. The topics covered include water resource governance, and coastal regulation, with a particular focus on the growing significance of the National Green Tribunal. It also covers the wide range of policies that have been introduced over the past 50 years and the impact these have had. The book will be of interest to researchers, legal practitioners, and scholars in the field of environmental law and governance as well as international law.
With the growing number, complexity, and importance of environmental problems come demands to include a full range of intellectual disciplines and scholarly traditions to help define and eventually manage such problems more effectively. Decision Making for the Environment: Social and Behavioral Science Research Priorities is the result of a 2-year effort by 12 social and behavioral scientists, scholars, and practitioners. The report sets research priorities for the social and behavioral sciences as they relate to several different kinds of environmental problems.
This book systematically introduces historical trajectories and dynamics of environmental policy and governance in India. Following the features of environmental policy in India as outlined in Chapter 1, subsequent chapters explore domestic and international factors that shape environmental policy in the country. The chapters examine the interplay between governmental and non-governmental actors, and the influence of social mobilisation and institutions on environmental policy and governance. Analysing various policy trajectories, the chapters identify and explore five central environmental policy subsystems: forests, water, climate, energy and city development. The authors drill down into the social, economic, political and ecological dimensions of each system, shedding light on why striking a balance between national economic growth and environmental sustainability is so challenging. Drawing on political science theories of policy processes and related theoretical concepts, this innovative edited volume will be of great interest to students and scholars of environmental policy and politics and South Asian studies more broadly.
Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal i
This book explores the conceptual and theoretical frameworks of Right to Water and analyzes its values in the context of water policy frameworks of the union governments in India. It uses a qualitative approach and combines critical hermeneutics with critical content analysis to introduce a new water policy framework. The volume maps the complex argumentative narrations which have emerged and evolved in the idea of Right to Water and traces the various contours and the nature of water policy texts in independent India. The book argues that the idea of Right to Water has emerged, evolved and is being argued through theoretical arguments and is shaped with the help of institutional arrangements developed at the international, regional, and national levels. Finally, the book underlines that India’s national water policies drafted respectively in 1987, 2002 and 2012, are ideal but are not embracing the values and elements of Right to Water. The volume will be of critical importance to scholars and researchers of public policy, environment, especially water policy, law, and South Asian studies.
This book explores how public and private actors can interrelate to achieve also by means of law a sustainable development which is beneficial for the environment, society and the economy. The Role of Law in Governing Sustainability assesses the structure, functions and perspectives of law in the wider governance frameworks of sustainable development. It provides latest and in-depth insights from each of the three dimensions of sustainable development and the relations among them. Latest political developments on global and regional level related to the environmental, social and the economic dimensions are provided as well as in-depth case studies. Thereby the book explores how international and national laws and governance can help us move towards a more sustainable future. This book will be of great interest to students and scholars of environmental law, global governance and sustainable development.
