Environmental

Law & Governance

Nirmal Sengupta
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- )
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  Clear Property Right

presence of externalities  Market based instruments (e.g.
taxes, subsidies)
Sustainable Management of Resources
criteria instruments

Economic efficiency  Market prices

Economic efficiency in  Clear Property Right

presence of externalities  Market based instruments (e.g.
taxes, subsidies)

Sustainability
Sustainable Management of Resources
criteria instruments

Economic efficiency  Market prices

Economic efficiency in  Clear Property Right

presence of externalities  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  Clear Property Right

presence of externalities  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  Clear Property Right

presence of externalities  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

Command & Control

Community based management
Market based instruments
(e.g. eco-taxes, subsidies, tradable rights)

Equity criterion should to be met in

addition
Sustainable Resource Management

Equtiy, Efficiency, Sustainability

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RESILIENCE