This article discusses the implications of the Royal Dutch Shell Judgment (Milieudefensie and Ors. v. Royal Dutch Shell plc) within the Indian legal context, examining its potential effects and associated challenges.
Authors
Chhaya Bhardwaj, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Sanya Darakhshan Kishwar, Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Bharat Khurana, Delhi High Court, Delhi, India.
Kritika Vatsa, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Mohit Kumar Manderna, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
This article discusses the implications of the Royal Dutch Shell Judgment (Milieudefensie and Ors. v. Royal Dutch Shell plc) within the Indian legal context, examining its potential effects and associated challenges.
The global influence of the Dutch Court’s ruling extends to Shell Group subsidiaries in India, with implications for the country’s fossil fuel industries, particularly those affiliated with the Shell Group. The Indian legal system may domestically apply, fully or partially, the Dutch decision under the national legal framework or in accordance with international legal norms.
This application, however, is filled with political, legal, and jurisdictional challenges. Regardless, the broader impact of the Royal Dutch Shell decision is anticipated to transcend national boundaries, catalyzing a series of climate litigation cases in various jurisdictions.
Published in: Sustainability and climate change
To read the full article, please click here.
