On May 22, 2020 Bombay High Court said that the Right to a Decent Burial is a facet of the Right to Life. This decision was based on a plea which contested burial of COVID-19 patients in burial grounds surrounding the residential areas. The court dismissed the petitions and quoted from Oscar Wilde: “Death must [...]
Search Results for: climate change
Dissecting and Unpacking the USMCA Environmental Provisions: Game-Changer for Green Governance?
Protecting the environment is not an extravagance but rather essential. The COVID-19 crisis with its economic and social impacts has reminded us of events that countries were not adequately prepared to address. Rising environmental issues leave countries vulnerable to diseases and disasters. Countries should always take steps to address environmental issues. International trade agreements like [...]
Federal appeals court sends public nuisance claims against petroleum producers to state court
The US Court of Appeals for the Ninth Circuit ruled Tuesday that state courts should be the forum for hearing public nuisance lawsuits against petroleum producers. These lawsuits allege that the producers were promoting petroleum even though they knew that it was causing environmental harms such as drought, rising sea-levels and wildfires. The case comes [...]
Switzerland’s Supreme Court denied an appeal on Wednesday by the Senior Women for Climate Protection, finding that it is too early to claim fundamental rights violations based on climate change. The Senior Women for Climate Protection alleged that Switzerland’s government was failing to reduce the country’s greenhouse gas emissions in a way that would correspond [...]
A short while ago a draft was being kept in the public domain for review by the Indian Government. The government came up with the Environment Impact Assessment (EIA) Draft, 2020 released by the Ministry of Environment Forest and Climate Change. The EIA Notification in India was brought in 1994 and a sea change took [...]
Introduction COVID-19, which has brought human life to a standstill across the globe, is not a climate-change pandemic. The worldwide increase of infectious disease is the result of a changed human lifestyle that has consequently altered the biological ecosystem. The spread of infectious agents because of climate conditions was discovered in the later part of [...]
In the late 1920s scratch farmers and loggers were facing an unseen threat in the isolated forests of the inland Pacific Northwest of America. Crops were scarred and charred. They had stunted timber yields. The culprit turned out to be a huge zinc smelter In Trail, British Columbia that bellowed sulfurous fumes from across the [...]
Students in our National Security Law course quickly learn that this area of the law is governed primarily by abstract constitutional rules, specific statutory grants of authority, and relatively little useful caselaw. Indeed, perhaps in no other area of the law has the Supreme Court deferred so explicitly to the perceived advantages and competence of [...]
Environmental Personhood: Recent Developments and the Road Ahead
Introduction A legal personality or a juristic personality is an entity other than a natural being which the law deems capable of holding such rights and duties which are normally accorded to human beings exclusively. The rights accorded can range from a few legal rights which the according authority conceives to be cardinal to the [...]
India Is in Need of an Inclusive Public Healthcare Law to Combat Pandemic
The health degree of a society’s well-being is determined by the ideas which take actual shape in the course of its daily self-constitution. In order to reform and even redeem such a society, we have to reform those defining ideas. The quality of our human life is a function of our determining ideas. Law plays [...]