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The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana

Deepa Badrinarayana

The best legal mechanism to protect the environment re-mains a complex and contentious issue. Many normative questions with practical implications remain. Should the legal response be in the foundational document of most legal systems, the Constitution? If so, should a Constitution create a specific right to environmental protection, or are statutory responses to address environmental problems adequate? If one considers environmental protection globally, both constitutional and legislative responses to environmental protection prevail. Yet, neither alone is adequate. Environmental legislation may not cater to individual rights, especially when legislated from a utilitarian platform. A constitutional right to environmental protection can …

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“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

In a previous paper, Trading Up Kyoto: A Proposal for Amending the Protocol, I argued that not only do international trade rules, specifically the operation of the World Trade Organization("WTO") agreements, hinder international climate change treaty negotiations, but also that applying exceptions to circumvent trade rules is doctrinally difficult and normatively unsettling, primarily because of WTO jurisprudence, the colorable intent of nations that are violating WTO rules in the guise of mitigating climate change, and the challenges to creating environmental exceptions to trade rules to facilitate emissions reduction. To illustrate this point, I focused on ongoing trade disputes involving a …

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India's Integrated Energy Policy: A Source Of Economic Nirvana Or Environmental Disaster?, Deepa Badrinarayana

Deepa Badrinarayana

Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly …

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Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana

Deepa Badrinarayana

Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly …

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Full-Text Articles in Law

The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana

Deepa Badrinarayana

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

India's Integrated Energy Policy: A Source Of Economic Nirvana Or Environmental Disaster?, Deepa Badrinarayana

Deepa Badrinarayana

Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana

Deepa Badrinarayana