Anshu Bansal, Research Associate “Whatever we do, the ocean will survive in one way or another. What is more problematic is whether we shall preserve it in a state that ensures humanity’s survival and well‐being” Federico Mayor, Director General, UNESCO The marine environment includes the waters of seas and estuaries, the seabed and its subsoils,…
Nivedita Saxena, Research Associate The oceans had long been subject to the freedom of the seas doctrine – a principle put forth in the seventeenth century essentially limiting national rights and jurisdiction over the oceans to a narrow belt of sea surrounding a nation’s coastline. The remainder of the seas was proclaimed to be free…
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Shashank Sahay, Research Associate Damages and Injunction A plaintiff in a tort action may sue for damages or an injunction, or both. Damages Damages are the pecuniary compensation payable for the commission of a tort. Damages may be either ‘substantial’ or ‘exemplary’. Substantial damages are awarded to compensate the plaintiff for the wrong suffered. The…
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Anshu Bansal, Research Associate Mrs. Gandhi’s concerns about protecting the environment and ecology of India’s coasts which held sway for almost 20 years, now go for a toss under a regime supervised by her daughter-in-law and grandson ((REPORT OF THE EXPERT COMMITTEE ON COASTAL REGULATION ZONE NOTIFICTION, 1991)). Indira Gandhi during her tenure restricted any…
Read More “Operation of Coastal Zone Regulations: Its Legal Implications – An Insight” »
Akshay Shandilya, Research Associate With the onset of First World War, rapid industrialization and urbanization in western countries was causing rapid loss of natural resource, which stretched to the period after the Second World War giving rise to concerns for pollution, quality of life and environmental stress. In early 1960s, investors and people realized that…
Akshay Shandilya, Research Associate “A day will come man will have to fight merciless noise as the worst enemy of health” – Robert Koch ((Nobel Prize Winner, German Bacteriologist)). Ever felt like murdering your neighbour for blasting music too loud? That is exactly what 78-year-old Lykouresis did in Greece on 31st may 1996. He claimed…
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Anshu Bansal, Research Associate Public Hearing provides wherever necessary, social acceptability to a project and also gives an opportunity to the EAC to get information about a project that may not be disclosed to it or may be concealed by the project proponent ((Samarth Trust v. Union of India & Ors., Writ Petition (Civil) No….
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Nivedita Saxena, Research Associate ‘Eco-labelling’ is a voluntary method of environmental performance certification and labelling that is practised around the world. The article describes the Indian ecolabelling scheme- ECOMARK. Ecomark is a voluntary non-binding eco-labelling scheme which was constituted by the Government of India in 1991 for easy identification of environment- friendly consumer products. The…
Existence and Effect of International Conventions dealing with Sustainable development With special reference to Kyoto Protocol Shashank Sahay, Research Associate International Law is defined as the law governing sovereign countries. It has also been called the law for the world community, since world today comprises of the community of mankind living in interdependent world society. Enormous…
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Anshu Bansal, Research Associate Can Judiciary manage the Environment? The role of the judiciary is really important as the role of mitochondria of a living human cell. Had the judiciary turned the deaf ear towards environmental problems it could not be in any way came to celluloid ((Mohindra Kothi, Environmental Protection vis-à-vis Judicial Activism, Waila…
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