Conceptualizing climate law in India

Yadav, Shashi Kant, O’Meara ,, Noreen and Malcolm, Rosalind (2024) Conceptualizing climate law in India. Climate law, 14 (2). pp. 165-197. ISSN 1878-6561 | 1878-6561

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Abstract

This article highlights the importance of differentiating between environmental law and climate law in India, and, in doing so, analyses what counts as climate law in that country. It identifies three overarching approaches (trickle-down; Environmental Impact Assessment as climate law; and human rights law and climate change) that the current literature adopts to study and analyse climate law in India. We argue that none of these approaches comprehensively covers climate change mitigation measures adopted in this country. We propose an alternative approach to the analysis of climate law in India, which we call ‘administrative layering’. Accordingly, we outline a three-step process to identify and conceptualize climate law in India.

Item Type: Article
Keywords: India | Identification of climate law | Mitigation law | Climate litigation | Environmental Impact Assessment | Human rights law
Subjects: 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: 03 Jun 2024 05:16
Last Modified: 24 Jun 2024 06:27
Official URL: https://doi.org/10.1163/18786561-bja10054
URI: https://pure.jgu.edu.in/id/eprint/7878

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