The national green tribunal of india: a sustainable future through the principles of international environmental law

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Abstract

Access to environmental justice is the first step to the achievement of environmental justice goals by articulating in the language of equity the assurance of legal standing for all affected and interested parties; right of appeal or review; specialized environmental courts and other practical dispute resolution mechanisms. In this context, India’s commitment to the newly formed National Green Tribunal [NGT] assumes significant practical importance. In seeking a balanced judicial forum that advances green jurisprudence, the NGT is a ‘fast –track court’ with an open forum having wide powers, staffed by judges and environmental scientific experts. Section 20 of the National Green Tribunal Act 2010 mandates the application of the principles underpinning international environmental law, namely, sustainable development, precautionary and polluter pays principles by the NGT. This paper addresses the application of these principles in the Indian context, thereby, recognizing its international commitments for environmental protection.
Original languageEnglish
Pages (from-to)183-202
JournalEnvironmental Law Review
Volume16
Issue number3
Early online date1 Jul 2014
DOIs
Publication statusPublished - 1 Aug 2014

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