{"title":"生物多样性与印度司法:追踪轨迹","authors":"G. Gill, N. Chowdhury, N. Śrīvāstava","doi":"10.21684/2412-2343-2021-8-2-10-40","DOIUrl":null,"url":null,"abstract":"The Covid-19 narrative spotlights the necessity to conserve biological diversity (biodiversity) including ecosystems and wildlife. Biodiversity problems are global, and associated governance issues range beyond geographical and spatial boundaries. The globalisation and internationalisation of biodiversity concerns have resulted in the emergence of biodiversity legal frameworks designed to conserve and sustainably use our planet’s biological resources. As an “organic and evolving discipline,” biodiversity laws are increasingly important and affect the Earth’s natural systems that support human life. The article analyses the judicial space that makes, interprets and enforces laws that conserve and support the sustainable use of biodiversity. The proactive, creative judiciary, acting as amicus environment, has produced a major shift in the Indian environmental landscape. The use of public interest litigation (PIL) in both environmental and biodiversity matters is welcomed by the senior judiciary (Supreme Court and High Courts) and also by the specialised environmental tribunal, National Green Tribunal (NGT). The terminological reach of the popular descriptive words, environment, nature and ecology, on occasions including biodiversity, introduced matters litigated in the courts and tribunal. The combination of legal, scientific, and technical expertise in the three judicial fora recognize and consider conservation and protection of biodiversity as an inextricable part of life. The article follows the chronological path of biodiversity litigation, i.e. pre 1992–2002; then 2002–2010 and finally 2010–2020 and examines significant aspects of the three decades of biodiversity litigation.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2021-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Biodiversity and the Indian Judiciary: Tracing the Trajectory\",\"authors\":\"G. Gill, N. Chowdhury, N. Śrīvāstava\",\"doi\":\"10.21684/2412-2343-2021-8-2-10-40\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The Covid-19 narrative spotlights the necessity to conserve biological diversity (biodiversity) including ecosystems and wildlife. Biodiversity problems are global, and associated governance issues range beyond geographical and spatial boundaries. The globalisation and internationalisation of biodiversity concerns have resulted in the emergence of biodiversity legal frameworks designed to conserve and sustainably use our planet’s biological resources. As an “organic and evolving discipline,” biodiversity laws are increasingly important and affect the Earth’s natural systems that support human life. The article analyses the judicial space that makes, interprets and enforces laws that conserve and support the sustainable use of biodiversity. The proactive, creative judiciary, acting as amicus environment, has produced a major shift in the Indian environmental landscape. The use of public interest litigation (PIL) in both environmental and biodiversity matters is welcomed by the senior judiciary (Supreme Court and High Courts) and also by the specialised environmental tribunal, National Green Tribunal (NGT). The terminological reach of the popular descriptive words, environment, nature and ecology, on occasions including biodiversity, introduced matters litigated in the courts and tribunal. The combination of legal, scientific, and technical expertise in the three judicial fora recognize and consider conservation and protection of biodiversity as an inextricable part of life. The article follows the chronological path of biodiversity litigation, i.e. pre 1992–2002; then 2002–2010 and finally 2010–2020 and examines significant aspects of the three decades of biodiversity litigation.\",\"PeriodicalId\":41782,\"journal\":{\"name\":\"BRICS Law Journal\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2021-07-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"BRICS Law Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21684/2412-2343-2021-8-2-10-40\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"BRICS Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21684/2412-2343-2021-8-2-10-40","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
Biodiversity and the Indian Judiciary: Tracing the Trajectory
The Covid-19 narrative spotlights the necessity to conserve biological diversity (biodiversity) including ecosystems and wildlife. Biodiversity problems are global, and associated governance issues range beyond geographical and spatial boundaries. The globalisation and internationalisation of biodiversity concerns have resulted in the emergence of biodiversity legal frameworks designed to conserve and sustainably use our planet’s biological resources. As an “organic and evolving discipline,” biodiversity laws are increasingly important and affect the Earth’s natural systems that support human life. The article analyses the judicial space that makes, interprets and enforces laws that conserve and support the sustainable use of biodiversity. The proactive, creative judiciary, acting as amicus environment, has produced a major shift in the Indian environmental landscape. The use of public interest litigation (PIL) in both environmental and biodiversity matters is welcomed by the senior judiciary (Supreme Court and High Courts) and also by the specialised environmental tribunal, National Green Tribunal (NGT). The terminological reach of the popular descriptive words, environment, nature and ecology, on occasions including biodiversity, introduced matters litigated in the courts and tribunal. The combination of legal, scientific, and technical expertise in the three judicial fora recognize and consider conservation and protection of biodiversity as an inextricable part of life. The article follows the chronological path of biodiversity litigation, i.e. pre 1992–2002; then 2002–2010 and finally 2010–2020 and examines significant aspects of the three decades of biodiversity litigation.
期刊介绍:
The BRICS is an acronym for an association of Brazil, Russia, India, China and South Africa, evolved from mere investment lingo to an organized network, in the process assuming a greater geopolitical role aimed at institutional reforms that shift global power. All five countries adhere to principles of inclusive macroeconomic and social policies and are focusing on responsible national growth strategies. The BRICS Law Journal is a platform for relevant comparative research and legal development not only in and between the BRICS countries themselves but also between those countries and others. The journal is an open forum for legal scholars and practitioners to reflect on issues that are relevant to the BRICS and internationally significant. Prospective authors who are involved in relevant legal research, legal writing and legal development are, therefore, the main source of potential contributions.