Global Evolution of Environmental Justice Movements and Its significance in Environmental Jurisprudence
DOI:
https://doi.org/10.55712/6cs7pm96Keywords:
environmental justice, environmental justice movement, green tribunals, human rights, sustainable developmentAbstract
Environmental justice movements are multifaceted with interconnectivity between legal, political, academic, administrative, technological, economic and civic actors and the actions taken by them to prevent harm to humans and to the environment from extensive utilization of natural resources for capitalist development. The modern global environmental movements that gave birth to the concept of environmental justice grew in reaction to social and economic injustice stemming from human activity. Hence, the judiciary plays a key role in many countries in enunciating environmental principles and facilitating the development of environmental jurisprudence. The article focusses on the international and regional growth of environmental jurisprudence and green tribunals, mainly using developments in United States of America, and in India to address the issues of access to environmental justice. The review concludes with the view that the key stakeholders in environmental justice movements need to consider the historical roots of environmental injustice and continue to bring reforms in national and international environmental legislations.
References
[1] Abraham, C.M. (1995). Environmental justice in India: The manifestation of neo-dharmic jurisprudence in Postmodern Public Law.
[2] Almeida, M. (2017). Access to Environmental Justice in Brazil, 8 INTERNATIONAL JOURNAL FOR COURT ADMINISTRATION 4.
[3] Asian Development Bank, Asian Judges Symposium on Environmental Decision Making, the Rule of Law, and Environmental Justice, 1–115 (2010).
[4] Bandhua Mukti Morcha v. UoI, AIR 1984 SC 802.
[5] Baxi, U. (2000). The Avatars of Indian Judicial Activism: Explorations in the Geography of (In) justice, fifty years of the supreme court of india: it's grasp and reach 157 (S.K. Verma et. Al., eds. 2000).
[6] Declaration of the United Nations Conference on the Human Environment, 1972 (June 16, 1972).
[7] Geetanjali Jain, G. (2013). Access to Environmental Justice in India with Special Reference to NGT: A Step in the Right Direction, 27 OIDA INTERNATIONAL JOURNAL OF SUSTIANABLE DEVELOPMENT. Available at http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html.
[8] Gill, G. (2013). Access to Environmental Justice in India with Special Reference to National Green Tribunal: A Step in the Right Direction, 6 OIDA International Journal of Sustainable Development 1–12 (2013).
[9] Guiding Principles of United Nations Conference on Environment and Development, (Earth Summit, 1992).
[10] Guiding Principles of United Nations Conference on Environment and Development, (Earth Summit, 1992).
[11] Guru, S. (2023). Essay on Environmentalism in India, Your Article Library available at https://www.yourarticlelibrary.com/essay/essay-on-environmentalism-in-india-1861-words/38428 (last visited 14 Feb. 2023).
[12] Kesav, P.K.B. (2013). National Green Tribunal: A new beginning for environmental cases? Centre for Science and Environment, https://www.cseindia.org/national-green-tribunal--a-new-beginning-for-environmental-cases-2900 (last visited Feb 14, 2023).
[13] Kharak Singh v. State of UP, AIR 1963 SC 1295.
[14] Law Commission of India, 186th REPORT ON PROPOSAL TO CONSTITUTE ENVIRONMENT COURTS (2003).
[15] M.C. Mehta v. Union of India, AIR 1986 (2) SCC 176.
[16] Martinez-Alier, J., Anguelovoski, I., et al., (2014). Between activism and science: Grassroots Concepts for sustainability coined by environmental justice organizations, 21 Journal of Political Ecology 21.
[17] Mitchell, G. (2019). Environmental Justice: An Overview, 2 Encyclopedia of Environmental Health 570.
[18] Mohai, P., Pellow, D., & Roberts, J.T., (2009). Environmental justice, 34 Annual Review of Environment and Resources 408 (2009).
[19] Municipal Corporation of Greater Mumbai v. Ankita Sinha & Others (2021) SCC 897.
[20] Perez, A.C., Grafton, B., et al., (2015). Evolution of Environmental justice movement: activism, formalization and differentiation, ENVIRONMENTAL RESEARCH LETTERS 4.
[21] Rajan, S.R. (2014). Environmental justice in India, 7 Environmental Justice 118.
[22] Rengarajan, S. et al. (2018). National Green Tribunal of India—an observation from environmental judgements, 25 Environmental Science and Pollution Research 11313–11318.
[23] Roy, B. (2019). India's Environmental Justice Movements, Center for the Advanced Study of India 4.
[24] Sambo, P.T., (2012). A conceptual analysis of environmental justice approaches: Procedural Environmental Justice in the EIA process in South Africa and Zambia.
[25] Sathe, S.P., (2007). Judicial activism in India ix-xxi.
[26] Stec, S., Casey-Lefkowitz, S., & et al. (2000). Article 1, in The Aarhus Convention: An Implementation Guide.
[27] The National Green Tribunal Act, 2010 (Act 19 of 2010), S. 20.
[28] United Nations Environment Programme (2022). Environmental Courts and Tribunals – 2021: A Guide for Policy Makers. https://wedocs.unep.org/20.500.11822/40309.
[29] United States Environmental Protection Agency, Available at https://www.epa.gov/environmentaljustice.
[30] World Commission on Environment and Development, “Our Common Future,” (1987).
Downloads
Published
Issue
Section
License
Copyright (c) 2024 International Journal of Social Research & Innovation
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.