Environmental Law

University of Burdwan · LL.B. Semester 3 · LCC 3.3.4

Unit I

This module seeks to acquaint the students with the evolution in environmental jurisprudence and how perspectives of sovereign nations changed over the years in engaging with environmental issues at an international level. · 1. Protection of African Wildlife and broad objectives of The London Convention of 1933 implemented in colonized Africa through the creation of nature parks and species protection. · 2. The importance of undertaking large scale preservation of wilderness and the American National Parks Movement. · 3. Carbon sequestration efforts through perseveration of global carbon sinks in the form of forests and oceans. · 4. Global Trade and its impact on the environment, inclusion of environmental protection clauses in multilateral investment treaties.

Unit II

The history of International Environmental Law can be broadly split into three different phases: Pre Stockholm Era which included isolated environmental regulatory initiatives and which roughly concluded with the signing of the Stockholm Declaration 1972; then the changes that happened globally till the Rio de Janeiro Earth Summit 1992; then the rise in global trade and industries that propelled the necessity for signing of the Paris Agreement in 2016. There were many international legal instruments that were signed during this period, which will be cursorily studied while we focus on understanding the three landmark international instruments · 1. Stockholm Declaration, 1972 · 2. Rio Summit, 1992 · 3. Paris Agreement 2016 · 4. International Environmental Principles (sustainable development, polluter pays principle, precautionary principle, public trust doctrine, intergenerational equity)

Unit III

The goal of this sub-module is to identify various international and national environmental regulatory bodies and understand only their broad goals and powers. · 1. Intergovernmental Panel on Climate Change (IPCC) · 2. Pollution Control Boards in India (CPCB and SPCBs)

Unit IV

The goal of this module is to understand how even after India gained Independence it had continued to follow in the footsteps of the British that looked upon the environmental resources from an economic lens. It is only in the recent years that the anthropocentric focus of the legislation and judiciary has shifted towards a more eco- centric position and various legislative efforts have been taken to ensure protection of different aspects of the environment. The focus of this module is to recognise the enormity of the various legal instruments that have been enacted to protect the environment in India and to focus only on the objective of the relevant legal instrument and the broad measures taken under the instrument to project that particular aspect of the environment. · Environmental Regulation of Forests in the Pre-Independence Era:- understanding the anthropocentric focus of engaging with the environment during and immediately after independence of India Constitutional Protection to the Environment and landmark case laws in assessing interests competing with protection of the environment (especially under Article 21, 48A, 51A (g)) · Essential Features of the Environment Protection Act, 1986 and Rules 1988:- its relevance in defining environment, imposing penalty. · Special Statutes and Rules to protect different aspects of the environment: o Water, Air, Different Types of Waste Generation o Forests, Wildlife, Impacts of pesticides on birds and the environment Other policies adopted by the government in relation to the environment o National Health Policy, 2017 o Draft National Forest Policy 2018 o Environmental Impact Assessment 2006 and 2020 o Wetland Conservation Rules, 2017

Unit V

The goal of this module is to identify those vulnerable sections of the society within India and outside India who have had to deal with the drastic impacts of environmental change. While doing so, efforts and initiatives that have been taken by state and non state actors in addressing various environmental concerns through individual as well as concerted actions will be studied Identifying the vulnerable sections in the world and specifically in India that have had to face the perils of climate change (poor countries and island countries and those who are considered impoverished Adaptation and Technology Transfer: role of developed countries in helping developing countries adapt in the wake of climate change.