文章基本信息

标题：International Environmental Law Enforcement at Local Level for Climate Change Mitigation to Achieve Sustainable Development in India
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作者：Surendra Kumar Yadav
期刊名称：International Journal of Innovative Research in Science, Engineering and Technology
印刷版ISSN：2347-6710
电子版ISSN：2319-8753
出版年度：2016
卷号：5
期号：7
页码：12468
DOI：10.15680/IJIRSET.2016.0507057
出版社：S&S Publications
摘要：International environmental law is read with Indian law for decisions in disputes involving anyenvironmental issue. Environmental rules and regulations derive their authority, as per Article 38 (1) of the Statute ofthe International Court of Justice (ICJ), from four sources i.e. treaties, International custom, general principle of lawrecognized by civilized nations, and subsidiary sources. International environmental law principles have been utilizedby the Indian courts not only to ‘formulate’ much of the contemporary environmental jurisprudence in India but also to‘enrich’ the same. The environmental decision of the national/state courts and international environmental law hasinfluenced each other. The decision of the state courts which is 'subsidiary sources' under Article 38(1) of the Statute ofthe ICJ, may lead directly to the growth of 'customary rules of international law.' Similarly, the state courts have oftendeveloped national environmental laws by taking inspirations and help from the international environmental laws. TheStockholm Conference played a significant role in throwing light on environmental degradation that has been causedworldwide. Consequently, the international stature of environmental & ecological balance has been enhanced and theCourts in India have played a distinguishing role in gradually enlarging the scope of a qualitative living by applyingvarious issues of environmental protection using Article 21 in the plethora of cases.
关键词：Environmental law; Climate change; Sustainable development; Indian judiciary; Enforcement.