Environmental
Law & Governance
Nirmal Sengupta
ENVIRONMENTAL LAW (1)
POLLUTION CONTROL LAWS
Environment Protection Act (1986- )
Water pollution (1974- )
Air pollution (1981 - )
Noise pollution (2000 - )
Hazardous substances and organisms (1989- )
Climate change related- Ozone depleting substance (2000- )
ENVIRONMENTAL LAW (2)
CONSERVATION RELATED LAWS
Indian Forest Act, 1927
Forest Conservation Act,1980
Joint Forest Management Circular (1990- )
Wildlife Protection Act, 1973
Coastal Regulation Zone notification (1991- )
Aquaculture Authority notification (1997- )
Biosafety and Recombinant DNA Guidelines (1989)
Biological Diversity Act, 2002
ENVIRONMENTAL LAW (3)
OPERATIONAL NOTIFICATIONS
Pollution Control Board
Environmental Impact Assessment
Eco-Labelling
ENVIRONMENTAL LAW (4)
PROCEDURAL LAWS
Constitution- Eleventh & Twelfth Schedules
Appellate Authorities & Environmental Tribunals
Public Liability Insurance Act,1991
Provisions of Indian Penal Code
Provisions of Criminal Procedure Code
Provisions of Factories Act, 1948
exercise of authority (governance)
so as to
meet the needs of the present
without compromising the ability of future generations
to meet their own needs
Exhaustible Resources
Hotelling (1930) formulation
Doomsday Formulations:
Club of Rome (1970) - Limits to Growth
but Prices did not increase as much
Current stress on human ingenuity
new reserves, alternatives, innovation
Exhaustible Resources
Recycling
Meets sustainability criterion
Renewable Resources
Regeneration
Meets sustainability criterion
Sustainable Management of
criteria
Resources
instruments
Sustainable Management of
criteria
Economic efficiency
Resources
instruments
Sustainable Management of
criteria
Economic efficiency
Resources
instruments

Market prices
Sustainable Management of
criteria
Economic efficiency
Economic efficiency in
presence of externalities
Resources
instruments

Market prices
Sustainable Management of
criteria
Resources
instruments
Economic efficiency

Economic efficiency in
presence of externalities


Market prices
Clear Property Right
Market based instruments (e.g.
taxes, subsidies)
Sustainable Management of
criteria
instruments
Economic efficiency

Economic efficiency in
presence of externalities


Sustainability
Resources
Market prices
Clear Property Right
Market based instruments (e.g.
taxes, subsidies)
Sustainable Management of
criteria
instruments
Economic efficiency

Economic efficiency in
presence of externalities


Sustainability
Resources



Market prices
Clear Property Right
Market based instruments (e.g.
taxes, subsidies)
Command & Control
Community based management
Market based instruments (e.g.
eco-taxes, subsidies, tradable rights)
Sustainable Management of
criteria
instruments
Economic efficiency

Economic efficiency in
presence of externalities


Sustainability
Resources



Market prices
Clear Property Right
Market based instruments (e.g.
taxes, subsidies)
Command & Control
Community based management
Market based instruments (e.g.
eco-taxes, subsidies, tradable rights)
Equity -
Sustainable Management of
criteria
instruments
Economic efficiency

Economic efficiency in
presence of externalities


Sustainability
Resources



Market prices
Clear Property Right
Market based instruments (e.g.
taxes, subsidies)
Command & Control
Community based management
Market based instruments (e.g.
eco-taxes, subsidies, tradable rights)
Equity -

Capabilities approach
Instruments for
Efficient & Sustainable management
Command & Control
Community based management
Market based instruments
(e.g. eco-taxes, subsidies, tradable rights)
Equity criterion should to be met in addition
Sustainable Resource Management
Equtiy, Efficiency, Sustainability
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RESILIENCE