LIJDLR

Sustainable Development

THE PRECAUTIONARY PRINCIPLE IN BILATERAL INVESTMENT TREATIES: BALANCING ENVIRONMENTAL PROTECTION AND FOREIGN DIRECT INVESTMENT

Volume IV Issue II /

THE PRECAUTIONARY PRINCIPLE IN BILATERAL INVESTMENT TREATIES: BALANCING ENVIRONMENTAL PROTECTION AND FOREIGN DIRECT INVESTMENT Kadidja Said, PhD Candidate in International Law at Southwest University of Political Science and Law (SWUPL), Chongqing, China Download Manuscript doi.org/10.70183/lijdlr.2026.v04.249 This paper examines the integration of the precautionary principle (PP) into Bilateral Investment Treaties (BITs) as a legal mechanism for reconciling environmental protection with foreign direct investment (FDI). It traces the evolution of the PP from international environmental law, particularly the Rio Declaration, into international economic and investment law, with attention to its treatment in the European Union and the World Trade Organization. The paper first explains the conceptual and normative foundations of precaution, including its relevance where scientific uncertainty surrounds risks of serious or irreversible environmental harm. It then considers the WTO experience, including EC–Hormones, to show how precautionary reasoning remains constrained by requirements of scientific evidence, risk assessment, and proportionality. Thereafter, the paper assesses the gradual and still cautious incorporation of environmental and sustainable development provisions into modern BITs and related treaty models, including examples such as CETA, the EU–Vietnam Investment Protection Agreement, the BLEU Model BIT, and the Morocco–Nigeria BIT. It further analyses the tensions that may arise between precautionary environmental measures and traditional investment protection standards, particularly fair and equitable treatment and indirect expropriation, with reference to arbitral practice such as Chemtura v Canada. Through doctrinal and comparative analysis of treaty practice, arbitral decisions, and academic literature, the paper argues that these tensions are not irreconcilable. It proposes clearer treaty drafting, express recognition of States’ regulatory autonomy, and the promotion of sustainable and green investment policies. Ultimately, the paper concludes that the precautionary principle can assist in aligning international investment governance with sustainable development while preserving investor confidence and environmental protection.

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LAND, ENVIRONMENT, AND THE CONSTITUTION: CONTEMPORARY CHALLENGES IN URBAN DEVELOPMENT

Volume IV Issue II /

LAND, ENVIRONMENT, AND THE CONSTITUTION: CONTEMPORARY CHALLENGES IN URBAN DEVELOPMENT Mayur Mahajan, BBA LLB (H), 5th Semester, Student at Jaipur National University (India) Mayank Sharma, BBA LLB (H), 5th Semester, Student at Jaipur National University (India) Lokender Singh, BBA LLB (H), 3th Semester, Student at Jaipur National University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.246 India’s accelerated urbanisation has intensified conflicts between private land interests and environmental protection in infrastructure, housing, and industrial development, particularly within wetlands, floodplains, forest margins, coastal zones, and other ecologically sensitive areas. This study examines the constitutional balance between property rights under Article 300A and environmental obligations flowing from Articles 21, 48A, and 51A(g) of the Constitution of India. Adopting a doctrinal and analytical methodology, it analyses the Environment (Protection) Act 1986, the Environmental Impact Assessment Notification 2006, the Water and Air pollution-control statutes, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, the National Green Tribunal Act 2010, representative town-planning laws, and relevant judicial precedents. Particular attention is given to the Supreme Court’s and the National Green Tribunal’s application of sustainable development, the precautionary principle, the polluter-pays principle, and the public trust doctrine in resolving land-use conflicts. The study finds that, although the legal framework recognises both ecological protection and procedural safeguards against arbitrary deprivation of property, its implementation is weakened by fragmented institutional authority, project-specific rather than strategic assessment, inadequate post-clearance monitoring, and limited meaningful public participation. It further compares India’s framework with the European Union’s Strategic Environmental Assessment model, the United States’ National Environmental Policy Act process, Singapore’s integrated statutory land-use planning, and Australia’s environmental assessment and biodiversity-protection regime. Drawing on these approaches, the article proposes statutory adoption of strategic environmental assessment for metropolitan and regional plans; concurrent integration of environmental clearances, ecological inventories, and master-plan zoning; accessible local-language consultation; independent lifecycle compliance audits supported by digital and GIS-based monitoring; strengthened municipal capacity; and a principled compensation framework where environmental restrictions substantially impair land use. The study argues that sustainable and equitable urban development requires coordinated governance that treats ecological resilience as integral, rather than incidental, to constitutionally lawful development.

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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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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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CLIMATE CHANGE AND LAW: INDIA’S PREPAREDNESS FOR A SUSTAINABLE FUTURE

Volume III Issue IV /

CLIMATE CHANGE AND LAW: INDIA’S PREPAREDNESS FOR A SUSTAINABLE FUTURE Atul Singh, Lovely Professional University, School of Law, (Phagwara Punjab, India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.119 Climate change has been one of the most recurrent problems in the world in the last few decades. To cope with this problem, the countries have come together to make international agreements and national policies with focus on both reducing its effects and adapting to its ever-changing nature. The study examines climate governance, specifically focusing on India’s legal status and policy structures to ensure a sustainable future. The nation has made some good progress through constitutional provisions, statutory enactments, and judicial interventions, but its legal readiness is still weak and requires action. This study critically analyzes Indian legislation and statutory provisions with regards to climate change, assessing their adequacy when compared with global legal standards. It also makes it clear that climate change is not only an environmental problem but also a problem of justice, fairness, and human rights. The Study seeks to recommend legal reforms to create a robust and sustainable path for India by assessing current strengths, pinpointing policy deficiencies that are governing the current scenario, and drawing on comparative international experiences. This paper also stresses how traditional and indigenous practices are important for India, as they have been employed for centuries and have contributed to sustainable resource management, especially in agriculture sector. It highlights how Indian laws and policies can change to meet the needs of the country while also keeping up with new technologies.

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BRIDGING THE DIVIDE: ADDRESSING THE GAP BETWEEN DEVELOPED AND DEVELOPING NATIONS IN INTERNATIONAL ENVIRONMENTAL LAW

Volume III Issue II /

BRIDGING THE DIVIDE: ADDRESSING THE GAP BETWEEN DEVELOPED AND DEVELOPING NATIONS IN INTERNATIONAL ENVIRONMENTAL LAW Bhagesh Gupta, Law Student. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.57 This study explores the systematic legal and financial imbalance that hinders equitable participation in international environmental law. International environmental law allows nations to work together to address issues such as pollution, climate change, and loss of biodiversity. The Stockholm Conference of 1972, the Rio Conference of 1992, and the Paris Agreement of 2015 are examples of treaties that have made provisions for sustainable development and the protection of the environment. Owing to differences in the monetary and non-monetary resources, developed and developing countries are still not on par. Developed countries tend to invest in renewable sources of energy, the latest technologies on waste management, and tech innovations, but developing markets have limited range in some of these areas, as they rely on traditional energy, and have poorer infrastructure and economic resources. The study highlights the role of funding innovation, sharing, and institutional partnerships in bridging the gap. Closing this gap requires sustainable coalitions such as financial support, technology transfer, and infrastructure provision. The Green Climate Fund and other development approaches, such as public-private partnerships, can assist the underdeveloped economy to acquire the required resources to foster ecologically sustainable practices. Debt-for-nature swaps and taxation incentives can also bolster investments in ecology.

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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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GREEN TAXONOMY: INDIA’S NEED OF AN HOUR

Volume II Issue II /

GREEN TAXONOMY: INDIA’S NEED OF AN HOUR Kinjal Suchak, BBA-LLB, 5th year, 9th semester, Student at ICFAI Law School, IFHE, Hyderabad Download Manuscript One of the concerns in the fast-growing economies worldwide is about meeting sustainable development goals without compromising business growth. In today’s corporate world, sustainability is a necessary concept, and it requires the attention of both individuals and corporations. Green taxonomy is the key framework to help investors make informed investment decisions for contributing to the company’s social responsibility, i.e., green financing. This paper aims to address the importance of developing regulations to maneuver in reaching our sustainable development goals and reducing the impact of emissions on the planet. It is navigating through the understanding of green taxonomy, the developments made by other countries, and India’s stand on it, highlighting the steps taken by the financial regulators in the Indian economy. The green taxonomy would not just provide a mechanism to tackle greenwashing but also many other climate concerns that are not yet identified and addressed by our nation. The paper gives an overview of the European Union legislation on sustainable activities. Various other countries have also framed a systematic regulation to deal with green investments while some are in the process of making one. This paper suggests that Indian policymakers need to shift their focus on developing a green taxonomy, a precise framework addressing all the needs of green finance world which in turn would lead to a holistic approach towards climate change, help economies to ensure proper utilization of funds in sustainable activities and reach our lower carbon emissions goals and shifting towards a greener economy on international level. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 639-654. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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Water Rights And Climate Change: An Analysis Of Transboundary Water Conflicts Amidst Environmental Challenges In The Indus Region With Specific Reference To The Indus Waters Treaty Of 1960

Volume I Issue III /

Water Rights And Climate Change: An Analysis Of Transboundary Water Conflicts Amidst Environmental Challenges In The Indus Region With Specific Reference To The Indus Waters Treaty Of 1960 Virendra Pratap Singh Rathod, Law Student at the University of Petroleum and Energy Studies. Download Manuscript ABSTRACT In the delicate dance of geopolitics and international law, the Indo-Pak water conflict emerges as a poignant illustration of intricate complexities, where environmental, legal, and human rights dimensions interlace. Nestled in the heart of the Asian subcontinent, the storied waters of the Indus River, a life-source for millions, have become grounds of contention, weaving intricate patterns of cooperation and conflict. Amidst this multifaceted dynamic, the spectre of climate change casts an ominous shadow, exacerbating the existing fissures and heralding new, unprecedented challenges. The Indus Waters Treaty (IWT), hailed as a beacon of bilateral cooperation amidst turbulent relations, now faces trials by the insidious, yet pervasive impacts of a changing climate. The Treaty, concluded under the aegis of the World Bank in 1960, has withstood the test of times and tides, arbitrating the shared usage of the Indus and its tributaries.[1] However, as climate change alters the hydrological landscape, impacting both the quantum and temporal distribution of these vital waters, the prescience and adaptability of the Treaty is increasingly being called into question. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 152- 166. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Water Rights And Climate Change: An Analysis Of Transboundary Water Conflicts Amidst Environmental Challenges In The Indus Region With Specific Reference To The Indus Waters Treaty Of 1960 Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​

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ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​

Volume I Issue III /

ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS Khalid Ali Khan Afridi, IV Year (VII Semester) student at P.S.I.T. College of Law, C.S.J.M. University Kanpur Download Manuscript ABSTRACT Environmental degradation is a global concern and India as one of the most populous nations with rapid industrialization and urbanization faces significant environmental challenges. This research paper provides an in-depth analysis of environmental law in India encompassing various key aspects including legislation legal framework constitutional provisions case laws and significant developments. This research paper presents a comprehensive understanding of the legal mechanisms aimed at protecting and conserving the environment in India. This research paper highlights base of the environmental laws enshrined in the Constitution of India under Article 48A and Article 51A (g). Further, the research paper highlights the objectives and intent of the legislative body behind the introduction of environmental laws in India. Moreover, it provides information of the major statutes of India including The Environment (Protection) Act, 1986, The Water (Prevention and Control of Pollution) Act, 1974, The Air (Prevention and Control of Pollution) Act, 1981, The National Green Tribunal Act, 2010, The Forest (Conservation) Act, 1980 and The Wildlife Protection Act, 1972.  Further, the paper defines how the Indian judiciary has played a crucial role in safeguarding these laws and ensuring their effective implementation. Additionally, it talks about the several challenges with their recommendations that need to be addressed in order to ensure the effective implementation of environmental laws. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 31- 48. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE

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