LIJDLR

environmental law

THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN PROMOTING GREEN TECHNOLOGIES

Volume III Issue IV /

THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN PROMOTING GREEN TECHNOLOGIES M. David Ziegan Paul, BA.,LLB., (Hons) Student at Bharath Institute of Law, Chennai, Tamil Nadu (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.180 Climate change has emerged as one of the most pressing global challenges, requiring immediate and innovative solutions. In this context, green technologies those designed to reduce environmental harm and promote sustainability play a crucial role. The protection and promotion of these technologies largely depend on the legal framework of Intellectual Property Rights (IPR). IPR not only safeguards the interests of inventors but also encourages innovation by granting exclusive rights, thereby stimulating research and development in eco-friendly technologies. This paper examines the vital relationship between IPR and environmental sustainability from a legal perspective. It explores how patents, copyrights, and technology licensing contribute to the development and diffusion of green technologies. The study further analyzes how international agreements such as the TRIPS Agreement and the Paris Agreement influence technology transfer between developed and developing nations. While IPR serves as a key incentive for innovation, it also creates barriers when excessive patent control limits access to affordable sustainable solutions. Through critical legal analysis, the paper highlights the need for a balanced approach, one that protects innovators while ensuring that environmentally beneficial technologies are mainly accessible for global use. The discussion also covers India’s efforts in aligning its patent laws and environmental policies with sustainable development goals. Finally, the paper suggests legal reforms and collaborative mechanisms that can promote equitable access to green innovations, ensuring that intellectual property serves as a tool for both innovation and environmental justice.

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FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS

Volume III Issue IV /

FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS Nitesh Kumar, Prof. at Vijaybhoomi University (School of Law), (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.177 Net-zero pledges have become the most important part of modern climate policy. This is because countries and businesses have agreed to cut or balance their greenhouse gas emissions by the middle of the century to meet the Paris Agreement’s temperature objectives. But the lack of instruments that can be used to enforce the rules has created a big gap in accountability between goals and actions. In response, climate litigation has developed worldwide as an effective means of transforming political climate promises into binding legal obligations. This report examines the evolution of climate litigation in enforcing net-zero commitments via local courts, regional tribunals, and international human rights institutions. It looks at important cases like “Urgenda Foundation v. State of the Netherlands,” “Milieudefensie v. Royal Dutch Shell,” “Juliana v. United States,” and “Neubauer v. Germany” to show how ideas like human rights, fairness between generations, and tort-based responsibility are now the basis for judicial efforts to force stronger action on climate change. The research further examines the matters of standing, causation, scientific ambiguity, and compliance, alongside emerging trends such as corporate fiduciary lawsuits, global enforcement, and the increasing importance of climate attribution science. In the end, it says that climate lawsuits are both a way to fix problems and a way to get things done in global climate governance. They move net-zero promises from wishful thinking into legal, scientific, and moral obligations.

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CORPORATE SOCIAL RESPONSIBILITY AS A TOOL FOR GREENWASHING: LEGAL IMPLICATIONS

Volume III Issue III /

CORPORATE SOCIAL RESPONSIBILITY AS A TOOL FOR GREENWASHING: LEGAL IMPLICATIONS Anshika Mishra, Student, United University Download Manuscript doi.org/10.70183/lijdlr.2025.v03.87 Corporate Social Responsibility (CSR) has emerged as a powerful tool to guide businesses toward ethical and environmentally sustainable practices. However, in recent years, CSR has increasingly been misused as a strategic means of green washing where companies portray themselves as environmentally responsible without implementing meaningful changes. This paper explores how existing legal systems respond to, or fail to address, deceptive environmental claims made under the banner of CSR. It provides a critical evaluation of the legal consequences associated with the misuse of CSR and examines both international and domestic regulatory structures, alongside key legal cases that have brought greenwashing practices to light. The study underscores the urgent need for more robust legal accountability, greater clarity in sustainability standards, and stronger enforcement mechanisms. It delves into the intersection of environmental responsibility, business ethics, and legal regulation, emphasizing the importance of reinforcing legal frameworks to prevent CSR from being exploited as a façade for environmentally damaging activities.

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DOCTRINE OF ABSOLUTE LIABILITY AND ITS IMPACT ON INDUSTRIES: A CRITICAL STUDY

Volume III Issue I /

DOCTRINE OF ABSOLUTE LIABILITY AND ITS IMPACT ON INDUSTRIES: A CRITICAL STUDY Kavya Singh, 10th Semester, B.A.LL.B Student at Amity Law School Lucknow, Amity University Uttar Pradesh Dr. Rajeev Kumar Singh, Assistant Professor at Amity Law School Lucknow, Amity University Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.20 The notion of absolute liability replaced the English concept of strict responsibility following the landmark decision in M.C. Mehta v. Union of India in 1987, which is a distinctive development of Indian law. Even in cases where reasonable precaution is taken, this theory holds hazardous companies liable without any exclusions or defences. This dissertation’s main goals are to examine the doctrine’s conceptual development, evaluate its legal underpinnings, and examine its real-world applications to Indian companies, especially with regard to industrial and environmental catastrophe management. The paper uses a doctrinal and analytical approach, critically evaluating the effects of absolute liability on public safety and industrial growth by consulting secondary sources, legislative requirements, and court rulings. It explores the conflict between environmental preservation and economic advancement, paying special attention to incidents like the Oleum Gas Leak and the Bhopal Gas Tragedy, which were pivotal in the development of industrial responsibility in India. The dissertation also looks at how this philosophy affects the operation of Pollution Control Boards and regulatory tools like the Environment Protection Act of 1986. The United States and the United Kingdom, two countries with quite distinct liability systems, are used in a comparison study. The study comes to the conclusion that although the concept of absolute accountability is crucial for safeguarding citizens from industrial dangers in developing nations like India, its implementation frequently suffers from uneven enforcement and postponed justice. In order to improve regulatory compliance and encourage a balance between industrial expansion and sustainable development, the research makes proposals for legal reforms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 445-462. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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