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    Climate Change Litigation and Legislation in India.

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    Prinsu Sen
    Climate change poses existential threats to many countries through increased risks like rising sea levels and natural disasters. While traditional security focuses on military threats to a nation's sovereignty, climate change challenges human well-being and lifestyles. India faces unique internal and external challenges from climate change. There has been increasing climate change litigation and legislation in India recently. However, climate change litigation is complicated by scientific, economic and political questions. This paper aims to analyze India's current legal position on climate change litigation by comparing it to the US, arguing that climate claims will increase in India depending on a strategic legal approach based on common law principles like public nuisance and negligence.

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    Climate Change Litigation and Legislation in India.

    Uploaded by

    Prinsu Sen
    59 views1 page
    Climate change poses existential threats to many countries through increased risks like rising sea levels and natural disasters. While traditional security focuses on military threats to a nation's sovereignty, climate change challenges human well-being and lifestyles. India faces unique internal and external challenges from climate change. There has been increasing climate change litigation and legislation in India recently. However, climate change litigation is complicated by scientific, economic and political questions. This paper aims to analyze India's current legal position on climate change litigation by comparing it to the US, arguing that climate claims will increase in India depending on a strategic legal approach based on common law principles like public nuisance and negligence.

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    CLIMATE CHANGE LITIGATION AND LEGISLATION IN INDIA.

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    Climate change poses existential threats to many countries through increased risks like rising sea levels and natural disasters. While traditional security focuses on military threats to a nation's sovereignty, climate change challenges human well-being and lifestyles. India faces unique internal and external challenges from climate change. There has been increasing climate change litigation and legislation in India recently. However, climate change litigation is complicated by scientific, economic and political questions. This paper aims to analyze India's current legal position on climate change litigation by comparing it to the US, arguing that climate claims will increase in India depending on a strategic legal approach based on common law principles like public nuisance and negligence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    59 views1 page

    Climate Change Litigation and Legislation in India.

    Uploaded by

    Prinsu Sen
    Climate change poses existential threats to many countries through increased risks like rising sea levels and natural disasters. While traditional security focuses on military threats to a nation's sovereignty, climate change challenges human well-being and lifestyles. India faces unique internal and external challenges from climate change. There has been increasing climate change litigation and legislation in India recently. However, climate change litigation is complicated by scientific, economic and political questions. This paper aims to analyze India's current legal position on climate change litigation by comparing it to the US, arguing that climate claims will increase in India depending on a strategic legal approach based on common law principles like public nuisance and negligence.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    CLIMATE CHANGE LITIGATION AND LEGISLATION IN INDIA.

    Subject- Environmental law

    Submitted to- Mr. Shubham Solanki

    Submitted by- Prinsu Sen

    B.A.LL.B Vth Sem (B)

    Roll no.- 12

    Abstract

    Climate change is the phenomena which affects various countries in many forms due to its
    multifaceted nature of the threats. Today, several countries face the threat of extinction owing to
    the problem of climate change and it's going to be more in near future. However traditionalist
    idea security promotes to use of the military only to the threats which disrupts the cohesion,
    integrity and sovereignty of the nation. These forms of threats mainly challenges to the well-
    being of the human and to the lifestyles of the state. India faces unique set of challenges both
    internally and externally. The increase in the number of climate change  litigation and legislation
    has come under the public scanner in recent times. Climate change litigation is marred by the
    scientific, economic, political questions which are considered as significant impediments in
    devising apposite litigation strategy. This paper is an attempt at identifying the present legal
    position of climate change litigation in India and mapping an overall prospective future. For the
    same, the author has confined his study to two legal systems of the world the Unites States of
    America and India. The article argues that climate claims will have a strong footing in India in
    years to come depending upon working out an objective legal strategy based on some of the
    common law principles like public nuisance and negligence. Although, for
    critiques climate change litigation based on common law theory may still appear uncertain, the
    potentiality of such suits cannot be overlooked in providing a new dimension in
    entire climate change discussion.

    Keywords- Climate Change, Public Nuisance, COP 15, Kyoto Agreement.

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