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Environmental Law

National Law University Delhi and CEC via Swayam

Overview

The indelible impact of environment on the lives of people is overwhelming. The current scenario is particularly compounded by multitudinal issues as rampant air and water pollutions, climate change, loss of biodiversity and the like that has contributed to immense problems of environment and health care as well as raised the inevitable question of survival of life itself on earth. Apart from an overview of the vast subject matter, a substantive understanding in the gradual evolution of pertinent themes in environment shall be imparted so that the student is not only conversant with the overall framework of environmental law but also becomes acquainted with fundamental concepts of basic themes. The basic objective is to familiarize the concept and scope of environmental law and also of its particular dominant issues so as to become a value addition in learning and to ignite academic/research interest, eventually.


Learning Outcomes:

- Learning about the significance of developments in international environmental law and the fundamental principles that have emerged.

- Exposition about the human right to environment and constitutional framework governing environment in select countries, including India. ·

- Comprehending the statutory and regulatory mechanisms pertaining to environment in India. ·

- Understanding judicial response to environmental issues in India.

- Knowing about importance of public participation through Right to information, Public Interest Litigation and other remedies in preserving and protecting environment.

- Studying the role of international/ national environmental institutions, NGOs, civil society and community involvement in promoting the cause of environment.

- Understanding the emerging environmental issues as ozone depletion, climate change, energy crisis, nuclear issues, waste accumulation, marine ecology etc.and the viability of posited solutions.

Syllabus

COURSE LAYOUT

The course covers the following topics: Introduction of international environmental law, Principles of environmental law- Polluter pays principle, precautionary principle, sustainable development principle (inter-generational, intra generational, common but differentiated responsibilities) Human rights to environment and constitution of the world, Sources of environmental law, Law relating to Water pollution, Regulation of wetlands, Dams and the environment, Coastal regulation laws in India, High seas and outer space, Law relating to Air pollution, Ozone depletion, Climate change law, Financial mechanisms and technology transfer, Energy laws, Law relating to Waste management, Law relating to Plastic and bio- medical waste management, Industrial disasters and the environment, Disaster management and environment, Chemicals and impact on environment, Regulation of Mining sector in India, Forest conservation laws in India, Wildlife protection, Environment crimes, Biodiversity, Access and benefit sharing, Bio safety and legal issues, Environment Impact Assessment, Procedural environmental rights, Role of NGO in environmental protection, Judicial remedies in environmental cases, Responsibility and Liability for environmental harm, Nuclear energy and law, Armed conflict and the environment, International law and the Protection of the Antarctica and the Arctic, Regional environmental co-operative framework and International environment institutions.

Week 1
1 - Introduction of international environmental law
2- Principles of environmental law

Week 2
3-Human rights to environment and constitution of the world
4- Sources of environmental law

Week 3 and 4 5- Law relating to Water pollution
6- Regulation of wetlands
7- Dams and the environment
8- Coastal regulation laws in India
9- High seas and outer space

Week 5 and 6 10 - Law relating to Air pollution
11- Ozone depletion
12- Climate change law
13- Financial mechanisms and technology transfer
14- Energy laws

Week 7 and 8 15- Law relating to Waste management
16- Law relating to Plastic and bio- medical waste management
17- Industrial disasters and the environment
18- Disaster management and environment
19- Chemicals and impact on environment

Week 9
20- Regulation of Mining sector in India
21- Forest conservation laws in India
22- Wildlife protection
23- Environment crimes

Week 10 24- Biodiversity
25- Access and benefit sharing
26- Bio safety and legal issues

Week 11 27- Environment Impact Assessment
28- Procedural environmental rights 29- Role of NGO in environmental protection

Week 12

30- Judicial remedies in environmental cases 31- Responsibility and Liability for environmental harm

Week 13 and 14
32- Nuclear energy and law
33- Armed conflict and the environment
34- International law and the Protection of the Antarctica and the Arctic
35- Regional environmental co-operative framework
36- International environment institutions

Taught by

Dr. Bharti Kumar

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