Philippe Cullet - Böcker

Environmental law is a broad discipline covering issues such as nature conservation, the prevention or abatement of pollution, and waste management. It also encompasses concerns related to natural resources, such as forests, minerals, and fisheries, and the balance between their use and conservation. India has been at the forefront of jurisprudential developments among countries with similar environmental, geographical, socio-economic, and cultural conditions. Concurrently, the country has been receptive to ideas and principles arising from other parts of the world or from international law. The growth of environmental and natural resources law in India has been sustained in equal measure by growing environmental awareness and the increasingly dire nature of the problems associated with the environment and natural resources, ranging from local issues to the global climate crisis. At the same time, the continuous push for development has not abated, leading to recurrent pressure to weaken existing standards for environmental protection and the management and use of natural resources. The Oxford Handbook of Environmental and Natural Resources Law in India offers the most comprehensive coverage of the diverse and complex discipline of environmental and natural resources law in India over the past fifty years. With forty-two contributions from law and non-law scholars, the Handbook presents diverse perspectives on several areas including biodiversity, climate change, water, forests, agriculture, health, resource extraction, and industrial development. By departing from the existing approach that examines natural resources law and environmental law separately, The Oxford Handbook of Environmental and Natural Resources Law in India offers a much-needed integrated analysis of the development of domestic jurisprudence vis-à-vis the environment and natural resources.

First published in 2011, Water Law in India is the only book to offer a comprehensive survey of the legal instruments concerning water in India. It presents a variety of national and state-level instruments that make up the complex and diverse field of water law and policy. This book fills a critical gap in the study of water law, providing a rich reference point for the entire gamut of legal mechanisms available in India.This edition has been extensively revised to include new instruments on water regulation, such as the draft National Water Framework Bill, 2016, and the Model Groundwater (Sustainable Management) Act, 2016; new water-related instruments in such varied fields as criminal law, land acquisition law, and rural employment legislation; and a chapter on international legal instruments. Chapters on drinking water supply, environmental dimensions of water conservation, water infrastructure for irrigation and flood control, groundwater regulation, and institutions catering to water have been thoroughly updated for a complete coverage of water law.

The right to sanitation has been recognised in India for more than two decades, and progressively integrated into the international human rights law framework since the beginning of the century. The recognition of the right itself is not a matter for debate in India since courts have repeatedly affirmed its existence as a right deriving from the fundamental right to life. Key issues arise in the context of conceptualisation and realisation of the right and relate to the existence and/or the scope of a law and policy framework for the realisation of the right to sanitation for all, the scope of the right, the links with other rights such as health and gender equality, as well as issues of specific relevance in the Indian context, such as manual scavenging, and more generally, caste-based discrimination and exploitation linked to sanitation work. In a context where sanitation challenges are more severe in India than in many other countries, this book represents the first effort to conceptually engage with the right to sanitation and its multiple dimensions in India. It also analyses the right to sanitation in India in the broader international and comparative setting.

This monograph comprehensively examines water law regulations and reform in the present decade, going beyond a simple analysis of existing water law and regulations to encompass environmental, social, economic, and human rights aspects of water as a natural resource.Using the specific case of India and on the related international law and policy framework that directly influences water regulatory developments in India, this book offers what will be the first and only analysis of water law reforms taking place at the national level in many developing countries in their domestic and international context. On the one hand, international freshwater law remains under-developed and existing legal instruments such as the 1997 UN Convention only address a limited set of relevant issues. Yet, the international law and policy framework concerning freshwater is increasingly important in shaping up law reforms taking place at the national level, in particular in developing countries. Indeed, non-binding resolutions such as the Dublin Statement on Water and Sustainable Development (1992) have had an immense influence on water law reforms in most developing countries.This book seeks to conceive of and analyse freshwater regulation in a broader context, and go beyond a literature that either lauds or criticises ongoing water sector reforms to provide an analytical basis for the reforms which all countries will have to adopt in the near or medium-term future.

This book undertakes a scholarly assessment of the state of the art of law and policy perspectives on groundwater and climate change at the international, regional and national levels. A particular focus is given to India, which is the largest user of groundwater in the world, and where groundwater is the primary source of water for domestic and agricultural uses. The extremely rapid rise in groundwater use in many Indian states has led to a growing groundwater crisis that they must address. The existing regulatory framework has not adapted to the challenges and fails to address any environmental concerns. On climate change, India has adopted a policy framework that makes the link with water, but no legislation has followed up to make the link operational. The subject matter of this book has been widely debated with regard to each of its main two components separately. Bringing these two domains together is what makes this book unique. The link between climate change and groundwater has been acknowledged to some extent, and there is growing interest in studying the impacts of climate change on (ground)water. Similarly, in water and environmental law and policy, increasing attention has been given to the study of climate change and groundwater legal and policy frameworks but generally separately. This book contributes to filling this knowledge gap by drawing on contributions from leading experts in the field of environmental and water law and policy who have been involved in climate change and/or groundwater research.The chapters in this book were originally published in a special issue of Water International.

In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water.The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making.

In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water.The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making.

This book is a comprehensive study of differential treatment for developing countries in international environmental law. It offers a compelling analysis of the legal dimension of the relationship between developed and developing countries in the environmental field and beyond. It first critically examines the principle of legal equality of states and then explores the conceptual framework behind the notion of differential treatment in international law and its relevance in bringing about substantive equality. The book examines the development of differentiation in international environmental law, considers its application in various environmental treaties and evaluates the legal status of existing differential norms. It also examines the contribution of differentiation to the implementation of environmental treaties and the extent to which differential treatment fosters the decentralization of international environmental policy making. It is an indispensable resource for all actors involved in environmental law and policy making, scholars and students.

This compilation of key materials in international environmental law takes account of the most significant developments in the field that have occurred during the past decade, including in the areas of climate change, chemicals and pesticides, biosafety, and nuclear safety, as well as good governance, compliance and liability. Not only does multilateral environmental law making have wide-ranging repercussions on the way national development policies are drafted and business is conducted, but also environmental issues increasingly interweave with those relating to human rights, trade, agriculture and intellectual property, making familiarity with the key instruments in international law essential for all working in these areas. The book comprises a representative selection of the most important studies in international environmental law, with an editorial introduction to each topic. Its focus on recent trends and cross-sectoral aspects makes it an indispensable tool for students, researchers, practitioners and policy makers in international environmental law and related fields.

The Sardar Sarovar Project has been one of the most debated development projects of the past several decades at both an international level and within India itself. Cullet's volume brings together all the key documents relating to the project: including those pertaining to World Bank loans, the judicial pronouncements of the Supreme Court and documents relating to specific local level issues - in particular environment and rehabilitation. The work includes an introductory section focusing on the history of the project, the involvement of the different actors, the impacts on the local population, and a general analysis of the controversy surrounding it. In providing an easily accessible source for all the main documents relating to this landmark project, this compilation will be a valuable resource for researchers and policy-makers working in the areas of International Environmental Law and International Development Law.

This book draws on interdisciplinary research deploying ‘river rights’ and ‘water justice’ as conceptual frameworks to engage with laws and politics around waterbodies. It underlines the simultaneity of micro and macro aspects to make sense of the complexities around ‘river rejuvenation’ in India.This book engages with different ideas of rejuvenation, illuminating what goes under the name of rejuvenation, its impacts on the environment and communities dependent on rivers for their livelihood. At the micro level, several case studies offer a framework for understanding the reasons behind dying/degenerating small rivers across the country. At the macro-level, several chapters engage with the impact of laws, policies and role of community in river conservation. The volume also highlights the ongoing programmes such as Namami Mission for Clean Ganga and riverfront development projects.The book will be useful to students, researchers, and teachers in the field of Water Resources, Water Supply, Management of Climate-Induced Disasters, Development Studies, Law, Politics and Ecology. It will also be an invaluable companion to policy makers, general administrators, civil society organizations, media persons, and bilateral agencies like WHO, UNICEF, UNDP, UNEP, World Bank and Gates Foundation.

This book is a comprehensive study of differential treatment for developing countries in international environmental law. It offers a compelling analysis of the legal dimension of the relationship between developed and developing countries in the environmental field and beyond. It first critically examines the principle of legal equality of states and then explores the conceptual framework behind the notion of differential treatment in international law and its relevance in bringing about substantive equality. The book examines the development of differentiation in international environmental law, considers its application in various environmental treaties and evaluates the legal status of existing differential norms. It also examines the contribution of differentiation to the implementation of environmental treaties and the extent to which differential treatment fosters the decentralization of international environmental policy making. It is an indispensable resource for all actors involved in environmental law and policy making, scholars and students.

This compilation of key materials in international environmental law takes account of the most significant developments in the field that have occurred during the past decade, including in the areas of climate change, chemicals and pesticides, biosafety, and nuclear safety, as well as good governance, compliance and liability. Not only does multilateral environmental law making have wide-ranging repercussions on the way national development policies are drafted and business is conducted, but also environmental issues increasingly interweave with those relating to human rights, trade, agriculture and intellectual property, making familiarity with the key instruments in international law essential for all working in these areas. The book comprises a representative selection of the most important studies in international environmental law, with an editorial introduction to each topic. Its focus on recent trends and cross-sectoral aspects makes it an indispensable tool for students, researchers, practitioners and policy makers in international environmental law and related fields.

The Sardar Sarovar Project has been one of the most debated development projects of the past several decades at both an international level and within India itself. Cullet's volume brings together all the key documents relating to the project: including those pertaining to World Bank loans, the judicial pronouncements of the Supreme Court and documents relating to specific local level issues - in particular environment and rehabilitation. The work includes an introductory section focusing on the history of the project, the involvement of the different actors, the impacts on the local population, and a general analysis of the controversy surrounding it. In providing an easily accessible source for all the main documents relating to this landmark project, this compilation will be a valuable resource for researchers and policy-makers working in the areas of International Environmental Law and International Development Law.

This book undertakes a scholarly assessment of the state of the art of law and policy perspectives on groundwater and climate change at the international, regional and national levels. A particular focus is given to India, which is the largest user of groundwater in the world, and where groundwater is the primary source of water for domestic and agricultural uses. The extremely rapid rise in groundwater use in many Indian states has led to a growing groundwater crisis that they must address. The existing regulatory framework has not adapted to the challenges and fails to address any environmental concerns. On climate change, India has adopted a policy framework that makes the link with water, but no legislation has followed up to make the link operational. The subject matter of this book has been widely debated with regard to each of its main two components separately. Bringing these two domains together is what makes this book unique. The link between climate change and groundwater has been acknowledged to some extent, and there is growing interest in studying the impacts of climate change on (ground)water. Similarly, in water and environmental law and policy, increasing attention has been given to the study of climate change and groundwater legal and policy frameworks but generally separately. This book contributes to filling this knowledge gap by drawing on contributions from leading experts in the field of environmental and water law and policy who have been involved in climate change and/or groundwater research.The chapters in this book were originally published in a special issue of Water International.

This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasises how their application affects poor and marginalised people as well as the wider ecosystems in which they live.Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritised in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice.Researchers and postgraduate students will find this Research Handbook's unique perspective invaluable, particularly in the context of a growing interest in 'people-centric' environmental law. Policymakers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy.Contributors include: S. Adelman, U. Baxi, V. Bhagat-Ganguly, S. Bhattacharjee, L. Bhullar, C.R. Bijoy, P. Cullet, J. Dehm, B. Gebremichael, K. Gill, S. Gopalakrishnan, E. Grant, M. Gupta, T. Kaime, P. Kameri-Mbote, A.H. Khan, M. Kidd, K. Kohli, S. Koonan, A. Kothari, L. Kotzé, F. Lesniewska, L. Lohmann, M. Menon, F. Padel, U. Ramanthan, J. Razzaque, G. Sahu, P. Sampat

This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasises how their application affects poor and marginalised people as well as the wider ecosystems in which they live.Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritised in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice.Researchers and postgraduate students will find this Research Handbook's unique perspective invaluable, particularly in the context of a growing interest in 'people-centric' environmental law. Policymakers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy.Contributors include: S. Adelman, U. Baxi, V. Bhagat-Ganguly, S. Bhattacharjee, L. Bhullar, C.R. Bijoy, P. Cullet, J. Dehm, B. Gebremichael, K. Gill, S. Gopalakrishnan, E. Grant, M. Gupta, T. Kaime, P. Kameri-Mbote, A.H. Khan, M. Kidd, K. Kohli, S. Koonan, A. Kothari, L. Kotzé, F. Lesniewska, L. Lohmann, M. Menon, F. Padel, U. Ramanthan, J. Razzaque, G. Sahu, P. Sampat