Conceptualizing Climate Law in India
In: Climate LawJindal Global Law School, O. P. Jindal Global University, Sonipat, India
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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.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 951 | 530 | 21 |
| Full Text Views | 39 | 20 | 0 |
| PDF Views & Downloads | 90 | 49 | 0 |
Conceptualizing Climate Law in India
In: Climate LawJindal Global Law School, O. P. Jindal Global University, Sonipat, India
Search for other papers by Shashi Kant Yadav in
Current site
Google Scholar
PubMed
Search for other papers by Noreen O’Meara in
Current site
Google Scholar
PubMed
Search for other papers by Rosalind Malcolm in
Current site
Google Scholar
PubMed
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.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 951 | 530 | 21 |
| Full Text Views | 39 | 20 | 0 |
| PDF Views & Downloads | 90 | 49 | 0 |
