Procedural International Environmental Justice? The Evolution Of Procedural Means For Environmental Protection: From Inter-State Obligations To Individual-State Rights

2012 ◽  
pp. 135-166
Author(s):  
David M. Ong
Keyword(s):  
Environmental Justice ◽  
Environmental Protection ◽  
Individual State ◽  
State Obligations ◽  
International Environmental Justice ◽  
State Rights ◽  
Inter State

The Supreme Court of India and Inter-State water dispute: an analysis of the judgments on Mullaperiyar Dam

Water Policy ◽  
2015 ◽  
Vol 17 (6) ◽  
pp. 1003-1018
Author(s):  
M. P. Ram Mohan ◽  
Krittika Chavaly
Keyword(s):  
Supreme Court ◽  
Environmental Protection ◽  
Tamil Nadu ◽  
The State ◽  
Specific Reference ◽  
Supreme Court Of India ◽  
First Case ◽  
The Supreme Court ◽  
State Water ◽  
Inter State

This paper addresses the issue of the Mullaperiyar Dam dispute between Kerala and Tamil Nadu with specific reference to the two judgments delivered by the Supreme Court of India on the matter. This paper attempts to examine the arguments, facts, and the judgment of the Court on each of the primary issues raised during the course of the dispute. The first case was filed by the Mullaperiyar Environmental Protection Forum in 2001, wherein the Court adjudged the case in favour of the respondents, the State of Tamil Nadu. Consequently, due to certain developments, examined in the course of the second case, the State of Tamil Nadu filed a petition before the Supreme Court against Kerala in 2006 seeking relief for the actions on the part of the latter after the judgment in the first case. A Constitution Bench was constituted to adjudicate this case, which re-examined certain issues raised during the first case and conclusively laid down its decision in favour of Tamil Nadu.

scholarly journals Research on the Quantitative Evaluation of Judicial Justice in Environmental Infringement Cases

2019 ◽  
Vol 3 (3) ◽  
pp. 232
Author(s):  
Yonghui Yan ◽  
Songyue Zhang
Keyword(s):  
Public Opinion ◽  
Environmental Justice ◽  
Environmental Protection ◽  
Quantitative Evaluation ◽  
Category Judgment ◽  
Judicial Reform ◽  
Significant Issue ◽  
Accurate Analysis ◽  
Modern Information ◽  
Judicial Justice

<p align="justify">The environmental protection is a significant issue that the current government departments attach great importance, and the environmental justice is the legal means to protect the environment, which is also a very important part of the judicial reform. How to realize judicial fairness in related environmental cases is the focus of public opinion and the difficulty of judicial research. At present, the practice of rule in law evaluation has been able to evaluate the judicial impartiality objectively and quantitatively from the macro perspective, but the specific facts of relevant cases cannot be accurately analyzed from the micro perspective. The discussion of environmental cases in this paper has positive referenced significance for other cases of rights and interests’ infringement and has important value for promoting the realization of judicial category judgment and accurate analysis of specific fields under the condition of modern information, and also provides beneficial help for judicial evaluation.</p>

Sacred Sites as a Threat to Environmental Justice?

2019 ◽  
Vol 23 (2) ◽  
pp. 132-153 ◽  
Author(s):  
Mark S. Cladis
Keyword(s):  
Environmental Justice ◽  
Environmental Protection ◽  
Low Income ◽  
Indigenous Communities ◽  
Environmental Harm ◽  
Sacred Sites ◽  
Special Power

AbstractI explore the intersection of environmental spirituality and environmental justice with special attention given to indigenous ecologies. Indigenous communities often employ the language of discrete “sacred sites” to protect portions of their lands from environmental harm. However, the concept of the sacred in Western traditions is typically accompanied by its binary opposite, the profane. Do protected sacred sites implicitly license harm to such “profane” sites as low-income sacrifice zones? Is environmental spirituality in tension with environmental justice? After explicating this problem, I resolve it by exploring indigenous notions of the sacred—notions that are not binary. Indigenous notions allow for treating some discrete lands as places of special power and healing while still maintaining that all lands are sacred and worthy of environmental protection. These are not hierarchical notions of the sacred but variegated ones (or what I call hózhó sacred weaves).

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