Indian Environmental Law: Key Concepts and Principles

By: Shibani Ghosh (Ed.)

Price: $29.85

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Book Condition: New


About the Book For more than three decades now, the Indian courts have delivered far-reaching judgments on a range of significant environmental matters. In their effort to adjudicate complex disputes with serious environmental repercussions, involving the interplay of multiple social, economic and political factors, the courts have developed a framework of environmental rights and legal principles, which now forms an integral part of Indian environmental jurisprudence. The judiciary invokes this framework creatively to identify constitutional, statutory and common law obligations of public and private actors to protect the environment, and to enforce the performance of related duties. There is, however, limited in-depth study of these crucial rights and principles in existing legal literature. Indian Environmental Law: Key Concepts and Principles fills this gap through its critical analysis of the evolution of this environmental legal framework in India. It studies the origins of environmental rights, substantive and procedural, and the four most significant legal principles— principle of sustainable development, polluter pays principle, precautionary principle and the public trust doctrine—and elaborates how Indian courts have defined, interpreted and applied them across a range of contexts. As environmental litigation and legal adjudication struggle to respond to this crisis, conceptual clarity about the content, application and limitations of environmental rights and legal principles is crucial for the improvement of environmental governance. This book explores the judicial reasoning and underlying assumptions in landmark judgments of the Supreme Court, the High Courts and the National Green Tribunal, and aims to provide the reader with a comprehensive understanding of this framework of rights and principles. Table of Contents Commonly used Latin Phrases List of Acronyms Foreword by Pratap Bhanu Mehta Acknowledgments Introduction Part I 1. The Judiciary and the Right to Environment in India: Past, Present and Future Lovleen Bhullar 2. Procedural Environmental Rights in Indian Law Shibani Ghosh Part II 3. Sustainable Development and Indian Environmental Jurisprudence Saptarishi Bandopadhyay 4. The Polluter Pays Principle: Scope and Limits of Judicial Decisions Lovleen Bhullar 5. The Precautionary Principle Lavanya Rajamani 6. Public Trust Doctrine in Indian Environmental Law Shibani Ghosh 7. The Judicial Implementation of Environmental Law in India Dhvani Mehta Notes on the Contributors Index. Printed Pages: 360

Title: Indian Environmental Law: Key Concepts and Principles

Author Name: Shibani Ghosh (Ed.)

Categories: Law, India,

Publisher: New Delhi, Orient BlackSwan Pvt. Ltd: 2019

ISBN: 9789352875795

Binding: Hardcover

Book Condition: New

Jacket Condition: New

Seller ID: 1203104

Keywords: Indian Environmental Law: Key Concepts and Principles Shibani Ghosh (Ed.)