Contextualizing the application of the Milieudefensie v. Royal Dutch Shell decision in Indian climate change litigation: Possibilities and challenges

Bhardwaj, Chhaya, Kishwar, Sanya Darakhshan, Khurana, Bharat, Vatsa, Kritika and Manderna, Mohit Kumar (2024) Contextualizing the application of the Milieudefensie v. Royal Dutch Shell decision in Indian climate change litigation: Possibilities and challenges. Sustainability and Climate Change, 17 (1). ISSN 2692-2932

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Abstract

This article discusses the implications of the Royal Dutch Shell Judgment (Milieudefensie and Ors. v. Royal Dutch Shell plc) within the Indian legal context, examining its potential effects and associated challenges. The global influence of the Dutch Court's ruling extends to Shell Group subsidiaries in India, with implications for the country's fossil fuel industries, particularly those affiliated with the Shell Group. The Indian legal system may domestically apply, fully or partially, the Dutch decision under the national legal framework or in accordance with international legal norms. This application, however, is filled with political, legal, and jurisdictional challenges. Regardless, the broader impact of the Royal Dutch Shell decision is anticipated to transcend national boundaries, catalyzing a series of climate litigation cases in various jurisdictions

Item Type: Article
Keywords: Royal Dutch Shell Judgment | Milieudefensie and Ors. v. Royal Dutch Shell plc
Subjects: Physical, Life and Health Sciences > Environmental Science, Policy and Law
Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 26 Feb 2024 17:24
Last Modified: 28 Feb 2024 12:32
Official URL: https://doi.org/10.1089/scc.2023.0137
URI: https://pure.jgu.edu.in/id/eprint/7367

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