Fairness and International Environmental Law from Below: Social Movements and Legal Transformation in India

Abstract

This article considers fairness in international environmental law (IEL) in light of the convergence of two contemporary phenomena: the rise of social movements and the increasing power of large developing countries. These two trends will be determinative for the future of IEL. They have brought issues of fairness, equity, and justice to the forefront of contemporary IEL debates. Despite inability to adequately address issues of fairness at the international level, as demonstrated by negotiating gridlock at international summits, IEL can evolve in more equitable directions through the influence of subaltern experiences. This article examines domestic law-reform efforts of Indian social movements, focusing particularly on indigenous movements responding to extractive industries, with a view to determining international implications. The way states such as India address environment-related conflict, respond to demands for fairness, and evolve domestic understandings of inclusive and sustainable law and development will increasingly shape IEL.

The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice

“…In the English legal system, sanctions are described as "the penalty or punishment provided as a means of enforcing compliance with the law". 45 In Dutch, sanction signifies both "agreement" and "a means of coercion as a penalty for not complying with the agreement". 46 Since a criminal is the driving force of criminal law, the definition of criminal is inseparable from the word "criminal law".…”