Theprinciples of Liability Evovled by Supreme Court of India in Regulation of Glboal Warming: An Assessment

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Chandrakanthi, I. (2015) Theprinciples of Liability Evovled by Supreme Court of India in Regulation of Glboal Warming: An Assessment. International Research Journal of Commerce and Law, 2 (7). ISSN 2349-705X

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Abstract

Judiciary in India plays a vital role to fill the vacuums of environmental law. Judiciary in this effort tries to bridge between the Constitution and environmental laws introducing certain principles and doctrines. These principles and doctrines are important to achieve the ends of jurisprudence. Further, judiciary introduces them as many are recognized in international convention. In addition to the above, judiciary made a right observation with the case US District Court in Union of India v. Union Carbine Corporation. Wherein Indian judiciary got an opportunity to develop an indigenous jurisprudence and new strategies. For the first time absolute liability was introduced in the very judgment. Later on other liability principles are introduced such as precautionary principle, polluter's pay principle, public trust doctrine, doctrine of sustainable development and intergenerational equity principle are brought through judiciary from international law as it is implicit power given to under article 51 (c) of the Constitution. The said article directs the state to ' foster respect for international law and treaty obligations in the dealings of organized people with one another. As result of persistent effort of Indian judiciary, the National Green Tribunal Act, 2010 working exclusively on environmental matters

Item Type: Article
Subjects: Faculty of Law > Constitutional Law
Divisions: University Law College > Department of Constitutional Law
Depositing User: Mrs Rajani S
Date Deposited: 02 Aug 2016 10:38
Last Modified: 02 Aug 2016 10:38
URI: http://eprints-bangaloreuniversity.in/id/eprint/4071

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