Environmental Law & Governance Nirmal Sengupta. ENVIRONMENTAL LAW (1) POLLUTION CONTROL LAWS Environment Protection Act (1986- ) Water pollution (1974-

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Presentation transcript:

Environmental Law & Governance Nirmal Sengupta

ENVIRONMENTAL LAW (1) POLLUTION CONTROL LAWS Environment Protection Act (1986- ) Water pollution (1974- ) Air pollution ( ) Noise pollution ( ) Hazardous substances and organisms (1989- ) Climate change related- Ozone depleting substance (2000- )

ENVIRONMENTAL LAW (2) CONSERVATION RELATED LAWS Indian Forest Act, 1927 Forest Conservation Act,1980 Joint Forest Management Circular (1990- ) Wildlife Protection Act, 1973 Coastal Regulation Zone notification (1991- ) Aquaculture Authority notification (1997- ) Biosafety and Recombinant DNA Guidelines (1989) Biological Diversity Act, 2002

ENVIRONMENTAL LAW (3) OPERATIONAL NOTIFICATIONS Pollution Control Board Environmental Impact Assessment Eco-Labelling

ENVIRONMENTAL LAW (4) PROCEDURAL LAWS Constitution- Eleventh & Twelfth Schedules Appellate Authorities & Environmental Tribunals Public Liability Insurance Act,1991 Provisions of Indian Penal Code Provisions of Criminal Procedure Code Provisions of Factories Act, 1948

exercise of authority (governance) so as to meet the needs of the present without compromising the ability of future generations to meet their own needs

Exhaustible Resources Hotelling (1930) formulation Doomsday Formulations: Club of Rome (1970) - Limits to Growth but - Prices did not increase as much Current stress on human ingenuity new reserves, alternatives, innovation

Exhaustible Resources Recycling Meets sustainability criterion Renewable Resources Regeneration Meets sustainability criterion

Sustainable Management of Resources criteria instruments

Sustainable Management of Resources criteria instruments Economic efficiency

Sustainable Management of Resources criteria instruments Economic efficiency  Market prices

Sustainable Management of Resources criteria instruments Economic efficiency  Market prices Economic efficiency in presence of externalities

Sustainable Management of Resources criteria instruments Economic efficiency  Market prices Economic efficiency in presence of externalities  Clear Property Right  Market based instruments (e.g. taxes, subsidies)

Sustainable Management of Resources criteria instruments Economic efficiency  Market prices Economic efficiency in presence of externalities  Clear Property Right  Market based instruments (e.g. taxes, subsidies) Sustainability

Sustainable Management of Resources criteria instruments Economic efficiency  Market prices Economic efficiency in presence of externalities  Clear Property Right  Market based instruments (e.g. taxes, subsidies) Sustainability  Command & Control  Community based management  Market based instruments (e.g. eco-taxes, subsidies, tradable rights)

Sustainable Management of Resources criteria instruments Economic efficiency  Market prices Economic efficiency in presence of externalities  Clear Property Right  Market based instruments (e.g. taxes, subsidies) Sustainability  Command & Control  Community based management  Market based instruments (e.g. eco-taxes, subsidies, tradable rights) Equity -

Sustainable Management of Resources criteria instruments Economic efficiency  Market prices Economic efficiency in presence of externalities  Clear Property Right  Market based instruments (e.g. taxes, subsidies) Sustainability  Command & Control  Community based management  Market based instruments (e.g. eco-taxes, subsidies, tradable rights) Equity -  Capabilities approach

Instruments for Efficient & Sustainable management Equity criterion should to be met in addition Command & Control Community based management Market based instruments (e.g. eco-taxes, subsidies, tradable rights)

Sustainable Resource Management Equtiy, Efficiency, Sustainability +RESILIENCE