印度的国际条约与环境法:综述

Dr. Ram Charan Meena,
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引用次数: 0

摘要

为了解决印度和其他国家面临的环境问题,在全球、地区、国家、地方和社区等各个层面采取行动是至关重要的。光有关于环境问题和各种问题的国际协定、条约和文书是不够的,这些政策和协定的完成、执行和执行在很大程度上决定了它们的影响和效力。在过去的几十年里,人们越来越关注和意识到需要在国内和国际上保护环境。根据印度宪法的结构,列举了许多条款,其中包括保护国家自然资源的环境责任,如第48-A条和第51-A条[g]。此外,《宪法》第252条和第253条还规定了根据各国的需要通过国家立法的程序。印度的宪法授权和其他环境法律法规有效、成功,迫切需要精简执行。印度司法机构与国家绿色法庭(National Green Tribunal, NGT)在这个时代所扮演的创新角色,意义重大,值得称赞。在这篇研究论文中,努力暂时概述了与环境有关的各种印度立法和国际条约,这些立法和国际条约主要是与保护和改善印度的环境更相关。对这些立法的执行、范围和限制也进行了系统的严格审查和评价。保护印度的环境和保持不受影响的生态平衡不仅是政府的任务,也是每个个人、协会、社会、工业和公司必须承担的任务。这是印度宪法第51-A [g]条规定的社会义务和基本义务。
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International Treaties And Law Of Environment In India: An Overview
To address environmental issues that India and other countries face, it is essential and very important to commence action at all levels like global, regional, national, local, and community. It is not adequate to have international agreements, treaties and instruments on environmental issues and various problems but completion, implementation and enforcement of these policies and agreements to a large extent determine their impact and effectiveness. In the last few decades, there has been an increasing concern and consciousness about the need to protect the environment, nationally and internationally. Under the structure of the Indian Constitution, a number of Articles are enumerated in which environmental duties to preserve the natural resources of the country have been stated like Articles 48–A and 51–A[g]. Additionally, the Constitution also provides procedures in Articles 252 and 253 for adopting national legislations in regard to the needs of the States. The constitutional mandates and other environmental laws or regulations in India effective, successful and urgent need to streamline enforcement. The creative and innovative role of Indian Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. In this research paper, an effort has been made to momentarily outline the various Indian legislations and international treaties relating to the environment, which are mainly and more relevant to protect and improve the environment in India. The enforcement, scope and limit of these legislations has also been critically examined and evaluated in systematically manner. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.
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