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

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Presentation on theme: "Environmental Law & Governance Nirmal Sengupta. ENVIRONMENTAL LAW (1) POLLUTION CONTROL LAWS Environment Protection Act (1986- ) Water pollution (1974-"— Presentation transcript:

1 Environmental Law & Governance Nirmal Sengupta

2 ENVIRONMENTAL LAW (1) POLLUTION CONTROL LAWS Environment Protection Act (1986- ) Water pollution (1974- ) Air pollution (1981 - ) Noise pollution (2000 - ) Hazardous substances and organisms (1989- ) Climate change related- Ozone depleting substance (2000- )

3 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

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

5 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

6 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

7 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

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

9 Sustainable Management of Resources criteria instruments

10 Sustainable Management of Resources criteria instruments Economic efficiency

11 Sustainable Management of Resources criteria instruments Economic efficiency  Market prices

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

13 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)

14 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

15 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)

16 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 -

17 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

18 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)

19 Sustainable Resource Management Equtiy, Efficiency, Sustainability +RESILIENCE


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