This article highlights the importance of differentiating between environmental law and climate law in India, and, in doing so, analyses what counts as climate law in that country.
Authors
Shashi Kant Yadav, School of Law, University of Surrey, Guildford, United Kingdom; Jindal Global Law School, O.P. Jindal Global University, Sonipat, India
Noreen O’Meara, School of Law, University of Surrey, Guildford, United Kingdom.
Rosalind Malcolm, School of Law, University of Surrey, Guildford, United Kingdom.
Summary
This article highlights the importance of differentiating between environmental law and climate law in India, and, in doing so, analyses what counts as climate law in that country. It identifies three overarching approaches (trickle-down; Environmental Impact Assessment as climate law; and human rights law and climate change) that the current literature adopts to study and analyse climate law in India.
We argue that none of these approaches comprehensively covers climate change mitigation measures adopted in this country. We propose an alternative approach to the analysis of climate law in India, which we call ‘administrative layering’. Accordingly, we outline a three-step process to identify and conceptualize climate law in India.
Published in: Climate Law
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