LIJDLR

Environmental Justice

HUMAN RIGHTS AND ADR MECHANISMS: INNOVATIVE PATHWAYS FROM TRADITION TO TRANSFORMATION IN THE GLOBAL JUSTICE SYSTEM

Volume IV Issue III /

HUMAN RIGHTS AND ADR MECHANISMS: INNOVATIVE PATHWAYS FROM TRADITION TO TRANSFORMATION IN THE GLOBAL JUSTICE SYSTEM Zainul Sajdeen, 7th Semester B.ALL.B Student at Jamia Millia Islamia University , New Delhi , (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.283 In the age of increasing global challenges, resolving disputes through traditional court procedures is often lengthy, expensive, and procedurally complex. In today’s highly competitive environment, both nations and individuals endeavour to secure justice, rights, and remedies through effective institutional mechanisms. This has led to numerous disputes and caused instability worldwide, whether in the Russia-Ukraine war or the Palestine-Israel conflict. The value of ordinary human life is undermined in many international and national disputes. Exploring innovative solutions to resolve disputes, including mediation, conciliation, arbitration, and negotiation, offers hope for millions of people. These mechanisms reduce not only the cost and time involved in settlement but also make justice more accessible and approachable. This paper examines how Alternative Dispute Resolution (ADR) mechanisms are driving a transformative shift in the global justice system, aligning with the conference theme “From Tradition to Transformation: Innovative Approaches to Alternative Dispute Resolution.” International instruments that support ADR mechanisms include the United Nations Charter of 1945, the Hague Conventions for the Pacific Settlement of International Disputes, and the 1982 Manila Declaration on the Peaceful Settlement of International Disputes, among others. This paper also addresses international human rights violations in environmental law disputes, including matters involving the climate justice network Rete Legalità per il Clima, hydrocarbon operations in Congo, and selected UK-based environmental accountability cases. While challenges such as enforceability, procedural fairness, transparency, and the digital divide continue to exist, this research argues for deeper integration of innovative ADR into the national and international human rights arena.

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CLIMATE CHANGE AND NON-HUMAN VICTIMS – THE LEGAL VOID IN PROTECTING ANIMALS DURING ENVIRONMENTAL DISASTERS

Volume III Issue IV /

CLIMATE CHANGE AND NON-HUMAN VICTIMS – THE LEGAL VOID IN PROTECTING ANIMALS DURING ENVIRONMENTAL DISASTERS Vikrant Madhurjya, Bachelor of Commerce and Bachelor of Laws (B.Com LLB) Student at Department of Law, NEF Law College, Guwahati, Assam (India) Smriti Parashar, Bachelor of Commerce and Bachelor of Laws (B.Com LLB) Student at Department of Law, NEF Law College, Guwahati, Assam (India) Mizba Ahmed, Bachelor of Commerce and Bachelor of Laws (B.Com LLB) Student at Department of Law, NEF Law College, Guwahati, Assam (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.202 In the theatre of climate change, the loudest cries often belong to humans, while faint echoes of non-human suffering fade unheard into the background. Climate change, though universal in nature, often remains selectively compassionate in its remedies. Each environmental catastrophe, from flood to drought, or wildfire to cyclone, leaves behind the traces of non-human invisible victims: animals are left behind to starve, die, migrate, or perish without a single legal remedy or recognition provided to them. The law remains deaf to all animals that flee from flames, drown in floods, and slowly yet gradually vanish from our ecosystem. Despite their sentience, feelings, and emotions, they remain non-living entities from the damage caused by disasters or climate change. Yet, when disaster strikes, the law counts bodies, not lives. The law tries to rebuild cities, not ecosystems. The current jurisprudence often fails to see and treat them as anything beyond just a resource, property, or mere ecological component. They often forget the fact that even animals share the same planet as ours and treat them as victims of rights or beings that are capable of suffering like us humans. This research paper seeks to explore the legal void in protecting animals during environmental catastrophes – a void born not just of mere ignorance but of moral negligence. Through this multifaceted lens combining law, morals, ethics, animal rights, and jurisprudence, this paper aims to interrogate: Can a law that excludes the voiceless ever claim to be just? What happens when the climate justice movement fails to see beyond the human species? And how can legal frameworks evolve to include non-human victims as well in the fight against climate change?

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ENVIRONMENTAL ACTIVISM AND PILS IN INDIA

Volume III Issue IV /

ENVIRONMENTAL ACTIVISM AND PILS IN INDIA T. JEBA VASANTH, BA.LLB(HONS) Student Download Manuscript doi.org/10.70183/lijdlr.2025.v03.181 In India’s ecological defines landscape, Public Interest Litigation (PIL) has become a game-changing legal tool that has radically changed the way environmental justice is sought and attained. PIL has enabled individuals, groups, and environmental activists to directly petition the court on behalf of public issues since the 1980s, eschewing the conventional legal standing criteria that hitherto impeded environmental campaigning. Through historic cases like Vellore Citizens Welfare Forum v. Union of India, T.N. Goda Varman Thirumulpad v. Union of India, and M.C. Mehta v. Union of India (Ganga Pollution Case), the Indian judiciary especially the Supreme Court and High Courts has used PIL to broaden environmental jurisprudence. These rulings interpreted Article 21 of the Constitution to include the basic right to a clean and healthy environment, and they developed important environmental doctrines such as the Polluter Pays Principle, Precautionary Principle, and Public Trust Doctrine. Courts may now issue comprehensive directives for pollution control, forest conservation, and sustainable development because to PIL’s facilitation of judicial activism in environmental protection. The system, which frequently fills in where the legislative and executive institutions have failed, has proven crucial in resolving issues such as industrial pollution, deforestation, mining infractions, and wildlife preservation. But there are issues with environmental PIL, including as a lack of enforcement, the possibility of abuse, and the need to strike a balance between ecological preservation and growth. Notwithstanding these drawbacks, PIL continues to be a vital component of environmental governance in India, offering easily accessible justice for rights to the environment and encouraging responsibility from government officials and polluting corporations.

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GREEN JUSTICE FOR CLIMATE CHANGE – A STUDY OF INDIA’S CARBON FOOTPRINT REGULATION

Volume III Issue I /

GREEN JUSTICE FOR CLIMATE CHANGE – A STUDY OF INDIA’S CARBON FOOTPRINT REGULATION Vanshika Ashu, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Jyotsna Singh, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.24 This paper examines India’s regulatory framework for carbon footprint management through the lens of environmental justice, analyzing the constitutional foundations, statutory mechanisms, and judicial responses to climate change governance. Despite being the third-largest greenhouse gas emitter globally while contributing only 3% of historical emissions, India faces the dual challenge of sustainable development and environmental protection. The research identifies significant gaps in India’s climate governance, including the absence of comprehensive carbon-specific legislation, fragmented policy implementation, and weak enforcement mechanisms. Through analysis of landmark judicial interventions, international commitments under the Paris Agreement, and domestic policies like the National Action Plan on Climate Change, the paper evaluates the effectiveness of India’s current regulatory approach. The study of emerging climate litigation, particularly Ridhima Pandey’s petition, reveals the evolving judicial recognition of climate rights. The research concludes with recommendations for a dedicated Carbon Regulation Act, strengthened carbon pricing mechanisms, expanded judicial review of climate commitments, and rights-based approaches to climate justice that would align India’s domestic framework with global climate governance standards. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 544-582. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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CARBON CREDIT TRADING IN INDIA: LEGAL FRAMEWORK AND ENVIRONMENTAL JUSTICE

Volume III Issue I /

CARBON CREDIT TRADING IN INDIA: LEGAL FRAMEWORK AND ENVIRONMENTAL JUSTICE J.Shri Vathsan, CHRIST (Deemed to be University) Delhi-NCR campus Download Manuscript doi.org/10.70183/lijdlr.2024.v03.21 Governments and businesses throughout the world are investigating market-based systems as potential ways to lower greenhouse gas emissions while maintaining economic growth in response to the growing threat of climate change. Carbon credit trading has become a vital tool in India, where energy-intensive industries including transportation, steel, cement, and power generation account for a significant portion of the country’s emissions. The Indian Carbon Market (ICM) framework, created by the Energy Conservation (Amendment) Act of 2022, studies the empirical data and management consequences related to carbon credit trading. It examines the effectiveness of market mechanisms like the Perform, Achieve, and Trade (PAT) plan, which shows significant reductions in emissions and energy consumption, and compares them to global models like the European Union Emissions Trading System (EU ETS). This study aims to provide insights into how strong legislative frameworks and aggressive business practices can propel India’s low-carbon transition by assessing the financial and environmental advantages of carbon trading as well as its practical difficulties. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 463-481. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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