डॉ. बी. आर. अम्बेडकर विश्वविद्यालय दिल्ली 
| Course Type | Course Code | No. Of Credits |
|---|---|---|
| Discipline Elective | SLGC2LP214 | 4 |
Does the course connect to, build on or overlap with any other courses offered in AUD?
Environmental law is multidisciplinary by nature, since environmental regulation and research also require diverse scientific perspectives such as those of natural and social sciences, Global environmental problems, climate change, and the decrease in biodiversity and natural resources have contributed to the expansion of environmental legal regulation. However, it did not receive ample attention as a dedicated subject in the social science disciplines. This course aims to offer an enthusiastic course to the students by giving an overview of the principles and the legal instruments of the discipline. The student gains knowledge about the basic features of national and international developments within the field.
Specific Requirements on the part of students who can be admitted to this course: (Pre requisites or prior knowledge level etc.): Prior Knowledge not required
No. of students to be admitted (with justification if lower than usual cohort size is proposed): As Per AUD rules
If it is a stand-alone course, how can it be scheduled?:(e.g., as a summer/winter course, semester-long course, regular or evening course, weekend course, etc.):
Semester Long Course for 3rd Semester Students.
Proposed date of launch: July 2018
Rationale for the Course (Link with the institutional vision, how it fits into the programme(s), Availability of literature and resources, Expertise in AUD faculty or outside, how it would be beneficial to those who take this course, etc.):
Today rapid industrial growth is leading towards irreversible environmental degradation such as water pollution, air pollution, climate change and global warming. Moreover tremendous growth in population and urbanization have created the problems such as deforestation, huge generation of solid wastes, loss of biodiversity and degradation of land etc. In such circumstances, the role of society, the role of individuals and government has become more important to curb the situation of environmental degradation. In such background it is indeed necessary for students to understand the legislative measures for prevention of pollution, protection of environment and the Balance between Development and Environment.
Objectives of this Course
- To survey today's major environmental laws,
- To examine the intersection between law Development and environment
- To Explore the evolution of international environmental law and its impact on domestic environmental regulation
- To Understand and appreciate the critical role played by the judiciary in India in developing a rights based framework for environmental regulation in India
Learning Outcomes
On successful completion of the course, students will be able to:
- Identify and explain the major contemporary environmental laws and their key features.
- Analyse how legal development interacts with and shapes environmental protection.
- Evaluate the evolution of international environmental law and assess its influence on domestic environmental regulatory frameworks.
- Critically examine the role of the Indian judiciary in advancing a rights-based approach to environmental governance.
Course Description: Environmental law aims to protect and enhance the environment, reduce the risk to human health from pollution, and achieve sustainable development of natural resources. The success of environmental law depends upon balancing the three components of sustainability: ecological, economic, and social/cultural. Today, the primary sources of this balancing act are federal, state, and local Laws. However, these statutes and regulations overlay a common, judge-made, law that establishes a system of private and public property, and a tort law that provides remedies for intentional and unintentional harms. In addition, there is a growing body of international environmental law with both similarities and differences to Indian. environmental law.
Module 1: states about Constitutional Mandate. In pursuance of the United Nations Conference on Human Environment convened at Stockholm in 1972, the nations of the world decided to take appropriate steps to protect and improve human environment. This Conference has transformed the environmental jurisprudence of India. In India 42nd Amendment to the Indian Constitution inserted Part IV-A of the Constitution which enumerates certain fundamental duties under Articles 48-A and 51-A (g). These Articles are more important and works as the constitutional mandates for environmental protection. Judiciary has also contributed by its activism and provided the right to pollution free and healthy environment as a part of right to life under Article 21. Judiciary has also accepted the international norms and interpreted it in administration of justice. Judiciary has evolved the principles such as polluter pay principle, precautionary principle, sustainable development, public trust doctrine.
Under Module 2: it is Pollution Laws Many of the most well known environmental laws focus on regulating pollution in general and pollution within a specific media (e.g., air or water) in particular. In this section we will learn the basics of the laws dealing with the regulation of air and water pollution,
The Third Module deals about Wild Life and Forest. Although these have been clubbed together in the course manual – because of the various interconnections between these subject areas – they would be discussed individually.
The fourth module: introduces the International Environmental Law.
Here we will provide an overview of the international environmental regime in terms of the Stockholm and Rio conferences and discuss critical institutions of environmental policymaking at the international level. In this context we will focus on the development and application of substantive principles of environmental law. This includes the State Responsibility for Transboundary Harm, Polluter Pays Principle, Sustainable Development, Precautionary Principle and Common but Differentiated Responsibility (CBDR). These principles will be discussed.
Module-5: deals with Environment and Development, whereby specific themes of major controversies and debates in contemporary India. In particular it will focus on specific issues in rural and urban ecology such as the question of large dams, climate change, agro- biodiversity, biotechnology, forests and wildlife policies. The thematic focus of the unit will be on