Public Interest Environmental Litigation in India, Pakistan, and Bangladesh

Public Interest Environmental Litigation in India, Pakistan, and Bangladesh
Author: Jona Razzaque
Publisher: Kluwer Law International B.V.
Total Pages: 554
Release: 2004-01-01
Genre: Law
ISBN: 9041122141

This research examines the growth and expansion of public interest environmental litigation (PIEL) in India and analyses the changes that are influencing the development of PIEL in Bangladesh and Pakistan. The necessity for this research lies in the rapid degradation of environment and the need of efficient environmental management in the three countries of the South Asian region. Here, we compare the legal systems of the three countries from the environmental point of view, discuss new ideas and directions and critically analyse the legal provisions that would help to apply environmental norms. These offer the legislators a chance to find out what can be applied in their own region, thus developing their existing legal mechanisms. About the author Jona Razzaque is barrister and holds a PhD in law from the University of London. She works in the field of access to environmental justice and has published numerous articles on this issue. She taught law in Queen Mary College and School of Oriental and African Studies under the University of London. She is currently working as a lawyer in the Foundation for International Environmental Law and Development (FIELD) on cross-themed projects related to bio-diversity, trade and climate change.

The Cambridge Handbook of Environmental Justice and Sustainable Development

The Cambridge Handbook of Environmental Justice and Sustainable Development
Author: Sumudu A. Atapattu
Publisher: Cambridge University Press
Total Pages: 825
Release: 2021-04-01
Genre: Political Science
ISBN: 1108574483

Despite the global endorsement of the Sustainable Development Goals, environmental justice struggles are growing all over the world. These struggles are not isolated injustices, but symptoms of interlocking forms of oppression that privilege the few while inflicting misery on the many and threatening ecological collapse. This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.

Climate Change Litigation: Global Perspectives

Climate Change Litigation: Global Perspectives
Author: Ivano Alogna
Publisher: BRILL
Total Pages: 567
Release: 2021-04-26
Genre: Law
ISBN: 900444761X

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

Taking the State to Court

Taking the State to Court
Author: Hans Dembowski
Publisher:
Total Pages: 272
Release: 2001
Genre: Law
ISBN:

These case studies examine the extent to which public interest litigation makes inefficient and often corrupt government officials responsible to the general public.

Routledge Handbook of International Environmental Law

Routledge Handbook of International Environmental Law
Author: Shawkat Alam
Publisher: Routledge
Total Pages: 854
Release: 2013
Genre: Law
ISBN: 0415687179

This handbook is an advanced level reference guide which provides a comprehensive and contemporary overview of the corpus of international environmental law (IEL).

Research Handbook on International Law and Environmental Peacebuilding

Research Handbook on International Law and Environmental Peacebuilding
Author: Daniëlla Dam-de Jong
Publisher: Edward Elgar Publishing
Total Pages: 453
Release: 2023-08-14
Genre: Law
ISBN: 178990692X

This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources.

Judicial Activism in Bangladesh

Judicial Activism in Bangladesh
Author: Ridwanul Hoque
Publisher: Cambridge Scholars Publishing
Total Pages: 395
Release: 2011-01-18
Genre: Law
ISBN: 144382822X

This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)

Civil Remedies and Human Rights in Flux

Civil Remedies and Human Rights in Flux
Author: Ekaterina Aristova
Publisher: Bloomsbury Publishing
Total Pages: 456
Release: 2022-02-24
Genre: Political Science
ISBN: 1509947604

What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.

Exploring Indian Modernities

Exploring Indian Modernities
Author: Leïla Choukroune
Publisher: Springer
Total Pages: 336
Release: 2018-06-04
Genre: Social Science
ISBN: 9811075573

This book analyses how multiple and hybrid ‘modernities’ have been shaped in colonial and postcolonial India from the lens of sociology and anthropology, literature, media and cultural studies, law and political economy. It discusses the ideas that shaped these modernities as well as the lived experience and practice of these modernities. The two broad foci in this book are: (a) The dynamism of modern institutions in India, delineating the specific ways in which ideas of modernity have come to define these institutions and how institutional innovations have shaped modernities; and (b) perspectives on everyday practices of modernities and the cultural constituents of being modern. This book provides an enriching read by bringing together original papers from diverse disciplines and from renowned as well as upcoming scholars.

Environmental Governance in Europe and Asia

Environmental Governance in Europe and Asia
Author: Jona Razzaque
Publisher: Routledge
Total Pages: 152
Release: 2013
Genre: Law
ISBN: 0415496543

This book offers a comparative analysis of environmental governance in Europe and Asia. The book assesses the legislative, institutional and participatory mechanisms which affect environmental governance, and analyses current issues, concerns and strategies in respect of environmental governance at the local, national, and international levels.