The Supreme Court of India and International Law: A Topsy-Turvy Journey from Dualism to Monism

Ranjan, Prabhash

doi:10.1007/s10991-022-09314-6

Cited by 1 publication

(1 citation statement)

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“…While India has traditionally been described as a dualist country concerning its engagement with international law, the Indian Supreme Court has exhibited a move along the continuum from dualism to pro-monist conceptions of engagement with international law. 189 Although it does not explicitly mention the SDGs, there are provisions and principles within the Constitution that strongly align with various SDGs, creating a foundation for pursuing sustainable development efforts in the country. For example, the Constitution guarantees the right to a healthy environment (Article 21); 190 obligates every citizen to protect and improve the natural environment (Article 51A(g)); and requires the state to endeavour to protect and improve the environment and to safeguard the forests and wildlife (Articles 48-48A).…”

Section: Iranmentioning

confidence: 99%

The Future of the SDGs: A Comparative Constitutional Rescue Plan?

Ruppel,

Murray

2024

EPL

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In a world grappling with unprecedented challenges, the Sustainable Development Goals (SDGs), adopted by the United Nations General Assembly in 2015, to be achieved by 2030, stand as a beacon of hope, envisioning a future where prosperity, equity, and environmental sustainability coalesce. As the outcome of the 2023 SDG New York Summit (18-19 September) showed, the path to achieving these ambitious goals remains uneven, with persistent gaps in poverty eradication, climate action, and other critical areas. While legal frameworks, such as national development plans and international treaties, play a role, integrating the SDGs into the very foundation of governance –the constitution –offers a potentially powerful solution. Elevating the SDGs to constitutional principles grants them binding legal force, making governments accountable for their implementation. Additionally, integrating human rights and environmental protection principles embedded within the SDGs strengthens existing constitutional guarantees and opens avenues for legal challenges against unsustainable policies. Domestic policies must align with these ‘constitutionalised goals’, leading to a more holistic approach to sustainable development.

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Section: Iranmentioning

confidence: 99%