Christ University Law Journal

Book Review - Environmental Personhood: New Trajectories in Law

Manjeri Subin Sunder Raj — Fri, 20 Dec 2024 00:00:00 +0000

Justice in the Balance: State vs. Civil Society Perspectives on the Climate Change Regime

Rosa Manzo — Fri, 20 Dec 2024 00:00:00 +0000

Justice cuts across climate change in various ways. There are two viewpoints from which one can evaluate the degree of justice. The first comes from the perspective of a civil society, the other from a state’s point of view. The final conclusion is that the degree of justice varies in accordance with the viewpoints, which on their part depend on where the evaluation is carried out. While a state’s perspective on the justice of a climate regime is based on the ratio of benefits against costs derived from international climate agreements, a civil society’s perspective is based on the evaluation of how the agreement can provide an effective response to adverse effects. As has been shown, States’ views differ from those of the civil society. This means that what is just to States can differ significantly from what civil society considers to be just. As a consequence, an answer to justice and its role in designing the international climate regime should start taking into consideration the perspective from which the issue is viewed. By highlighting the diverging priorities—state-centric cost-benefit analyses versus civil society’s focus on tangible outcomes for communities—the paper aims to show that justice is a context-dependent concept within climate governance.

Balancing Climate, Culture and Human Rights: Insights from La Oroya, Fosen and the Torres Strait Islanders Case

Katherine Quinn — Fri, 20 Dec 2024 00:00:00 +0000

As climate change accelerates, humans will need to take increasingly ambitious measures to mitigate its effects. These measures may protect human rights, ensuring people are safe from natural disasters, food insecurity and extreme temperatures, but they also have the capacity to infringe upon human rights. Balancing these interests is a growing challenge for the law, and has recently been the subject of groundbreaking jurisprudence in several international forums. This article examines the challenges of balancing human rights and climate action in the frame of two key human rights – the right to culture, and the right to a healthy environment – drawing lessons from the recent La Oroya Case from the Inter-American Court of Human Rights, the Torres Strait Islanders Case from the UN Human Rights Committee, and the Fosen Case from the Norwegian Supreme Court.

Redefining the refugee crisis: Examining the status of climate-induced refugees and internally displaced persons with special reference to India

Nirupama A K, Jeffin Thomas Mammen — Fri, 20 Dec 2024 00:00:00 +0000

Climate change is causing drastic impacts across the world. Temperature change, rising sea levels, and frequent disasters like floods are increasing. People are forced to flee their homeland since their place becomes inhabitable, leaving them homeless as refugees. But policies have yet to be created specifically to deal with climate refugees. Although terminologies like "climate refugee" and "environmental refugee" have been used interchangeably, this research uses the term "climate refugee" to call attention to the social, economic, and political variables and how displaced people are moved and resettled. South Asian countries are highly prone to climate change impacts and produce climate refugees. In particular, this paper will examine India, where highly vulnerable populations are left homeless due to climate change impacts. This study is historical, descriptive and analytical in nature and has depended on primary sources like documents from the Government of India and secondary sources like books, journals for the purpose of analysis. The study concludes that the legal status of climate refugees is still a cliffhanger and recommends a more inclusive definition of refugees in international laws.

Business and Environmental Obligations: A Study of The Transitioning Regulatory Framework

Priya Kumari, Pranav Anand Ojha, Pranjal Kakkar — Fri, 20 Dec 2024 00:00:00 +0000

The primary obligation to provide a safe, clean and healthy environment and by extension, a means to tackle climate change lies on the concerned State. The State has the authority to frame policies and legislation to guarantee the same. It has also been witnessed that States have started accepting this responsibility since the historic Stockholm Declaration of 1972. However, environmental degradation and the ill effects of climate change have taken a lethal form. It is primarily due to man-made or human-induced activities that climate change has accelerated. And burdening only the nation-states to take action on a global issue might not yield results. It is with the heightening of this aspect, businesses or the private sector have been looped in through several regulatory mechanisms to take proper action. This was considered appropriate as businesses utilise an economy’s resources and is thus, said to have certain social obligations. Moreover, it is also felt that they have the requisite infrastructure, technology and know-how to support governmental action. India has been at the forefront of fulfilling environmental obligations since the beginning. And has mandated corporate social responsibility in 2013 and recently, the environmental, social and governance mechanisms as well. But when it comes down to witnessing changes in the fulfilment of environmental obligations, India is still facing problems. This paper aims to highlight the connection between business, human rights and the environment, if there is any. This shall be done with a focus on the current regulatory framework for the same in India.

Keywords: Business, Climate Change, Environment, Human Rights, Policy

Management of Biomedical Waste in India: A Holistic Approach Towards Environmental Protection, Human Rights, and Judicial Oversight with reference to Pandemic

Sonia B Nagarale — Fri, 20 Dec 2024 00:00:00 +0000

The management of biomedical waste in India has implicit critical significance, especially in the context of the global pandemic. There is an urgent need for a comprehensive strategy that not only safeguards the environment but also ensures basic human rights and effective judicial oversight. The management of biomedical waste involves a multifaceted nuance, including sensitizing healthcare professionals, establishing robust waste disposal facilities, and adhering to stringent guidelines. As the pandemic has intensified the generation of biomedical waste, there has to be a paramount emphasis on the implementation of environmentally responsible practices, considering the potential impact on ecosystems. Furthermore, this research paper delves into the legal dimensions of biomedical waste management, examining the role of the judicial approach in enforcing regulations and the accountability of the regulatory authorities. The interplay of environmental protection, human rights, and legal frameworks provides a nuanced understanding of the challenges posed in the management of biomedical waste in India. This paper advocates for a collaborative approach that harmonizes the imperatives of environmental sustainability, ensuring human rights, and effective judicial perspective, offering a comprehensive and adaptable model for the management of biomedical waste in India and globally as well.