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Conceptualizing Climate Law in India

In: Climate Law
Authors:
Shashi Kant Yadav School of Law, University of Surrey, Guildford, United Kingdom
Jindal Global Law School, O. P. Jindal Global University, Sonipat, India

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Noreen O’Meara School of Law, University of Surrey, Guildford, United Kingdom

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Rosalind Malcolm School of Law, University of Surrey, Guildford, United Kingdom

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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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