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While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.
Papers presented at the National Consultation Critiquing the Current Judicial Trends on Environment Law, held at Delhi during 23-24 February 2008.
The world's governments are overwhelmed with climate change, war and unrest, the global financial crisis and poverty but there is a promising invention in Global Action Networks (GANs). GANs mobilize resources, bridge divides and promote the long-term deep change and innovation work that is needed to address the global challenges.
The main problem facing most Adivasi groups in the country is displacement and loss of their own original habitats and livelihood through ‘development’ projects like dams, tourism and wildlife sanctuaries. By generally categorising them as girijan (mountain dwellers), vanavasis (forest dwellers), or tribal (with its connotations of primitive and backward), or even the popular jangli (wild), in official parlance and in the mass media, they are robbed of their identity, dignity and rights as among the first peoples of this subcontinent, who earlier enjoyed economic and political freedom and autonomy in the form of self-rule. All over India the process of uprooting indigenous people from their rich culture is on – the disruption of a way of life, fundamental to which is the belief that it is not the earth which belongs to man, but man who belongs to the earth.
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...
This publication documents the proceedings of the Third South Asia Judicial Roundtable on Environmental Justice for Sustainable Green Development, held on the 8th and 9th of August 2014 in Colombo, Sri Lanka. Building on work and the discussions of the previous roundtables, key themes discussed in Colombo include judicial training and capacity enhancement, regional integration and cooperation, enhancing the efficacy of the judicial system for environmental justice, and the application of Alternative Dispute Resolution methods. In addition, the event tackled specific issues relating to urban development, natural capital, gender, community forest management, and tourism. The roundtable culminated in the adoption of the Colombo Action Plan consisting of concrete steps and measures toward the development of environmental rule of law.
The politics of claiming rights and strategies of mobilisation exhibited by marginalised social groups lie at the heart of this volume. Theoretically, the authors aims to foster a holistic and multi-faceted understanding of how social and economic justice is claimed, either through formal, corporatist or organised mechanisms, or through ad hoc, informal, or individualised practices, as well as the implications of these distinctive activist strategies. The collection emphasises both the difficulties of political mobilisation and the distinctive methods employed by various social groups across a variety of contexts to respond and overcome these challenges. Crucially, the authors’ approach involves a conceptualisation of social movements and local mobilisation in terms of the language of rights and justice claims-making through more organised as well as everyday political practices. In so doing, the book bridges the literature on contentious politics, the politics of claiming social justice, and everyday politics of resistance.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First,...
The symposium held on 28-29 July 2010 at the Asian Development Bank---whose proceedings are documented in this publication---brought together senior members of the judiciary and environmental ministry officials from Asian jurisdictions, academe, civil society, international organizations, and distinguished experts from developed countries and development institutions to share experience that will lead to an improvement in the quality of environmental adjudication on environment and natural resource cases in Asian jurisdictions. At the symposium, Asian judges proposed an Asian Judges Network on the Environment to improve the quality of environment court rulings and cases.