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Littérature scientifique sur le sujet « Forestry law and legislation – India »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Forestry law and legislation – India"

Chawla, Chahat. « Legislation Update : India ». Asian International Arbitration Journal 14, Issue 2 (1 décembre 2018) : 215–22. http://dx.doi.org/10.54648/aiaj2018012.

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On 10 August 2018, the Lok Sabha (Lower House of the India’s bicameral Parliament) passed the Arbitration and Conciliation (Amendment Bill), 2018 (‘2018 Amendment Bill’), to further amend the Arbitration and Conciliation Act, 1996 (‘1996 Act’). In a short span of three years, the Indian Parliament has sought to overhaul India’s principal arbitration legislation for the second time, after the initial reforms introduced by the Arbitration and Conciliation (Amendment) Act, 2015 (‘2015 Amendment Act’). The 2018 Amendment Bill has been described as ‘a momentous and important legislation’ by the Indian Minister of Law and Justice, which is aimed at making India a ‘hub of domestic and international arbitration’. Other than the introduction of the 2018 Amendment Bill, the Indian Government, this year, also introduced the New Delhi International Arbitration Center Bill, 2018 (‘NDIAC Bill 2018’) in the Lok Sabha. The primary objective of the NDIAC Bill is to establish a ‘flagship arbitral institution’ to enable the growth of institutional arbitration in India. This Note undertakes a review of the key features of the 2018 Amendment Bill and the NDIAC Bill 2018 and how the proposed legislative measures impact the existing arbitral regime in India.

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Chauhan, Devshree. « ANALYSIS OF SOCIAL WELFARE LEGISLATION ON ENVIRONMENTAL LAW ». Dogo Rangsang Research Journal 12, n^o 09 (2022) : 106–10. http://dx.doi.org/10.36893/drsr.2022.v12i10n02.106-110.

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With a population of more than 1.3 billion, India is a lower middle-income nation. Although the country has made significant progress in improving overall economic outcomes, productivity levels are still comparatively low. India's industrial sector has a lower labour productivity than China, Russia, South Africa, Malaysia, and Brazil. India was placed 68th out of 140 nations in the 2019 World Economic Forum (WEF) Global Competitiveness Report. This is largely a result of the nation failing to keep up with other nations that are ranked similarly. In categories like ICT adoption, skill base, product market efficiency, and trade openness, India has substantial deficiencies in several of the fundamental enablers of competitiveness. Some new issues, such as uneven governance consequences, significant variations in economic growth, and social welfare inequalities, are emerging with the adoption of regulatory regulations. Theoretical justifications for the aforementioned occurrences are required in order to encourage the sustainable growth of the economy and the environment. Consequently, this Article develops a theoretical model of the impacts of social well being.

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Greenleaf, Graham. « Solving the Problems of Finding Law on the Web : World Law and DIAL ». International Journal of Legal Information 29, n^o 2 (2001) : 383–419. http://dx.doi.org/10.1017/s0731126500009483.

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Despite its recent development, the Web already contains an astonishing variety of legal materials from dozens of countries. Significant collections of legislation are already available on the Web from over 50 countries. The full text is available on the Web of all legislation from almost all the jurisdictions of the USA, Canada, Australasia, many Latin American countries and some European countries (such as Norway and Germany), and extensive collections from many other European counties (such as the United Kingdom, France, Spain, Portugal). Substantial collections of legislation are available from many developing countries, including India, Turkey, Kazakhstan, South Africa, Vietnam, Zambia, China, Mexico and Israel.

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Cormacain, Ronan. « Presidential Legislation in India : The Law and Practice of Ordinances ». Theory and Practice of Legislation 4, n^o 2 (3 mai 2016) : 317–19. http://dx.doi.org/10.1080/20508840.2016.1175063.

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Ulber, Marcus. « Der Einfluss von Naturschutzorganisationen auf Rechtsetzung und Vollzug ». Schweizerische Zeitschrift fur Forstwesen 164, n^o 3 (1 mars 2013) : 65–69. http://dx.doi.org/10.3188/szf.2013.0065.

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Influence of nature conservation organisations on legislation and law enforcement Nature conservation organisations influence laws and ordinances, administrative strategies and law enforcement. By doing this, they seek to improve the position of nature. The exertion of influence by organisations is a traditional element of Swiss politics. The nature conservation organisations bring in their claims and their expertise on all political levels and at all stages of legislation.

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Unnithan, Maya. « Thinking through Surrogacy Legislation in India ». Journal of Legal Anthropology 1, n^o 3 (1 septembre 2013) : 287–313. http://dx.doi.org/10.3167/jla.2013.010302.

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As its main focus the article is concerned with explaining the proposed Indian Assisted Reproductive Technologies (ART) Bill 2010 (2008), and in particular discusses some of its limitations using a relational conception of consent and autonomy. It is argued that two major limitations arise from, firstly, the way the Bill attempts to introduce ‘universal’ notions of informed consent into a cultural context of socially determined decisionmaking, resulting in the failure to safeguard the welfare of Indian surrogates. A second limitation is that the proposed law entitles only some poor women (surrogates) in India to realise access to quality medical healthcare services compared to others (poor, infertile women). Given the significant class and gender based inequalities which frame reproductive healthcare service delivery in the country, legally guaranteed access to health services for surrogates becomes a privilege where the rights of some individuals and couples to reproduce and exercise procreative agency is valued and not others. The article argues that the Bill must give due consideration to the complex, relational and highly stratified contexts in which women undertake childbearing in India to understand why legally comprehensive consent procedures can co-exist with violations of personhood in practice. Without such consideration the article suggests that injustice toward infertile women can become part of the same legal process wherein overcoming infertility is recognised as a right.

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Mund, Pallavi. « ‘Tomorrow Is Today’ for the Indian Space Saga : Delineating the Legal Framework for Space Activities in India ». Air and Space Law 46, Issue 1 (1 janvier 2021) : 119–34. http://dx.doi.org/10.54648/aila2021006.

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This article aims to study India’s robust space programme, against the backdrop of the current legal regime under which it operates. It further delves into the need for national space legislation vis-à-vis the recent burgeoning trend of privatization. To this end, this article analyses the draft 2017 Space Activities Bill introduced for consultation by the Government of India, and concludes with the recommendation that India adopt an all-encompassing national space legislation. outer space, ISRO, Indian Space Research Organisation, space activities, Indian space programme, privatization, IN-SPACe, Space Activities Bill 2017

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Dr. Shilpa Jain. « Domestic Violence Legislation In India- An Appraisal ». Legal Research Development : An International Refereed e-Journal 1, n^o II (30 décembre 2016) : 01–09. http://dx.doi.org/10.53724/lrd/v1n2.02.

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India became independent in 1947 and adopted a Constitution in 1950, which remains in force today.1 Part III of the Constitution protects fundamental rights, including the right to life, which has been interpreted to mean the right to live a life with dignity and free from violence.2 The Constitution also empowers the State to take affirmative measures to protect women under Article 15.3 The Indian Parliament has often invoked Article 15 to pass special legislative or executive measures to protect women, which have generally been upheld by the CourtsIt took India fourteen years after independence to pass its first law directly relating to violence against women. In 1961, the Dowry Prohibition Act (DPA) came into effect which penalized not only taking but giving of dowry. However, the Act did not effectively curb the practice of dowry.5 The Indian Parliament later passed Dowry Prohibition (Amendment) Acts in 1984 and 1986, but their impact was as negligible as that of the 1961 Act.6

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Jani, Aditi, et Mayuri Pandya. « AN ANALYSIS OF LAWS REGARDING CLIMATE CHANGE : A TRANSNATIONAL LAW PERSPECTIVE ». VIDYA - A JOURNAL OF GUJARAT UNIVERSITY 1, n^o 1 (30 juin 2022) : 54–59. http://dx.doi.org/10.47413/vidya.v1i1.85.

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“In spite of a lack of environmental care in the Indian Constitution, India has established a number of important environmental legislation since its independence, despite the lack of environmental concern in the Indian Constitution. However, environmental legislation in India is being developed piecemeal and in response to specific events that have occurred. In the development of Indian environmental legislation, these may be found. The 1972 United Nations Conference on the Human Environment in Stockholm paved the way for future environmental and climate change legislation. On that basis, the Indian parliament adopted many laws and placed environmental measures in the Constitution, such as Articles 48 A and 51 A. (g). Climate change is now having a subtle but profound effect on Indian society. There has been recent progress toward passing a climate change bill under the country's current legislation, while at the UN Lima summit, member nations agreed on cutting Earth-warming greenhouse gas emissions. This year, on the 147th anniversary of Mahatma Gandhi's birth on October 2, 2016, India approved the National Determined Contribution (NDC). Basic climate change law features are explained in this article, with an emphasis on those topics that are likely to be essential for some time to come and on main drivers of climate change law development. Environmental, energy, corporate, and international law all play a role in the development of the evolving climate change legislation. Any attempt to combat climate change raises questions regarding the correct role and relationship of state and federal governments. What follows will serve as a basic overview of an increasingly complicated and dynamic field.”

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Zimmermann, Willi. « Rechtliche Aspekte bei der Vermarktung von Nichtholz-Waldleistungen | Legal aspects of the marketing of non-wood forest services ». Schweizerische Zeitschrift fur Forstwesen 161, n^o 9 (1 septembre 2010) : 362–67. http://dx.doi.org/10.3188/szf.2010.0362.

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The production and marketing of forest goods and services are strongly influenced by legal conditions. Civil law lays down who is proprietor of something, who may determine over it and to what extent. The commercialization of the three ecosystem services “water filtration”, “carbon storage” and “protection from natural hazards” is confined to certain limits by the law of property. With the exception of carbon storage, the possibilities are further limited by the forest and water legislation of Confederation and the cantons. The subsidy regulations in forest law do however offer the possibility of setting mechanisms into motion for cooperative services which resemble commercialization. If these initial approaches are to be further developed or to become the rule, changes in legislation will become necessary in civil as well as in public law.

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Thèses sur le sujet "Forestry law and legislation – India"

KODIVERI, Arpitha Upendra. « Deliberating development in India’s forests : consent, mining and the making of the deliberative state ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/71875.

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Defence date: 08 July 2021
Examining Board: Professor Peter Drahos (European University Institute); Professor Joanne Scott (European University Institute); Professor B.S Chimni (Jindal Global Law School); Professor César Rodríguez-Garavito (NYU School of Law)
Deliberating Development in India’s Forests is a thesis that examines how India’s forest laws and the right to free, prior, and informed consent or consent provision of forest-dwelling communities has shaped the relationship between the state and forest-dwelling communities in extractive frontiers. The relationship between the state and forest-dwelling communities is tenuous as land in forest areas is acquired based on the Doctrine of Eminent Domain for extractive industries. Through extensive fieldwork in three mining sites in the eastern state of Odisha, this thesis offers an analysis of how the consent provision is implemented and how the relationship between the state and the forest-dwelling citizen is mediated by the pro-business bureaucracy as one of competing sovereignties. The forest-dwelling communities describe that the state operates in multiple modalities in India’s forests to enable extraction and realize its pro-business ambitions. Drawing from interviews with forest-dwelling communities and their aspirational legal interpretation of the consent provision the thesis makes an argument for the state to operate in a deliberative mode in India’s forests supported by a shared sovereignty framework and theories of deliberative and nodal governance. The thesis charts out an institutional pathway to overcome the structural imbalance experienced by forest-dwelling communities in their negotiations and dialogue with the state. This pathway can pave the way to repair the ruptured relationship between forest-dwelling communities and the Indian state and entrench the state in its deliberative modality.

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Pathak, Akhileshwar. « Law, strategies, ideologies : legislating forests in Colonial India, 1792-1882 ». Thesis, University of Edinburgh, 1999. http://hdl.handle.net/1842/22548.

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The thesis explores the relationships between legal provision and ideas on forests in colonial India from 1792 to 1882. The colonial officials generally maintained that in India there was disorder, despotism and injustice till they brought modern law, which was certain, ordered, principled and just. But in the case of forests, the forest law introduced by the colonial government was far from settled, certain and ordered. The law on the ownership of forests, whether the government or the landholders, was changed almost every ten years. This is not to say that 'traditional' law was itself settled and clear, but modern law, in its origins, was partisan, arbitrary and manipulative and far from its pretensions. Beneath the grandeur of legal theories and principles, there was strategic play of power and domination. In exploring the processes and discourses through which these reversals of law were secured, I draw from and engage with the works of Foucault and other theorists of post-colonialism, post-structuralism, deconstruction and Critical Theory. I particularly critique work which accords primacy to textual productions, ignoring the specific social and historical conjunctures in which these are produced. Locating the specific provisions of law and legal ideas in the every-day practices in the micro sites, my study suggests that the specific legal provisions were neither authored by the top layers of the administration nor based on nor derived from legal theories and principles. The strategies and counter-strategies produced in the micro sites of societies were abstracted, refined and accommodated within the given legal ideas. In this sense, forest law was a dossier of already prevalent practices. Similarly, legal ideas were produced in specific contexts to legitimate certain strategic devices. These ideas then were refined, revised and assimilated in the body of legal knowledge. The legal theory had the function of legitimating and projecting certain practices while the Act took care of specific details of administering the forests. The law thus is formed through the negotiation of strategy and ideology; and theory and practice in macro and micro sites.

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Kaul, Ranjana 1951. « Regulation of satellite telecommunications in India ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83954.

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Commercialization of space activities particularly harnessing satellites for telecommunication in the 1970's is perhaps the most dynamic development of the twentieth century comparable only to the industrial revolution of the seventeenth century. The possibilities of civilian applications of satellite technology confined to its military use until the recent past has raised urgent questions of policy and regulations both nationally and internationally.
The main objective of the thesis is to review the development of satellite telecommunication with particular reference to India. The thesis assesses the present access status and the regulatory regime, analyzes general challenges of deregulation including concerns of national security, fair competition, equal opportunity for service providers and manufacturers and above all consumer protection. It examines the how the Canadian CRTC and American FCC are addressing the current challenge posed by rapid technological developments and consequent convergence of telecommunications and broadcasting as well as lessons India could learn from the Canadian and American experiences. Finally suggestions are made for a possible logical direction for India's future telecom policy, in particular and the commercialization of space activities, in general.

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Martus, Christopher E. « The distribution and objectives of local forestry-related ordinances in the United States ». Thesis, This resource online, 1992. http://scholar.lib.vt.edu/theses/available/etd-08042009-040400/.

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Lewis, Glennis M. « Protecting Canada's natural ecosystems from invasive alien plant species : Is sub-national weed control legislation up to the task ? » Thesis, University of Ottawa (Canada), 2006. http://hdl.handle.net/10393/27388.

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Invasive alien plant species pose a serious threat to Canada's natural ecosystems. It is the thesis of this paper that sub-national laws are important tools in combatting such species that are naturalized and spreading within provincial and territorial boundaries. Weed control acts in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia, and Prince Edward Island and the plant health protection acts in New Brunswick, and Newfoundland and Labrador are a strong basis to combat invasive alien plant species. However, since these laws were enacted for weeds in agro-ecosystems, they are not up to the task of protecting natural ecosystems from invasive alien plant species. In some provinces and territories, there is a need to fill gaps in the law and ensure that it applies in a clear and uniform manner to all natural ecosystems. Numerous other revisions are recommended to make applicable provincial and territorial laws more effective.

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Hamilton, Arthur. « India and Intellectual Disability : An Intersectional Comparison of Disability Rights Law and Real Needs ». Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40282.

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Given its vast population, India has one of the highest absolute numbers of people with intellectual disability (PwIDs) in the world. Studies have placed the prevalence as high as 3.1% of children aged between 2 to 5 years and 5.2% of children aged between 6 to 9 years. India recently passed the Rights of Persons with Disabilities Act, 2016 (RPwD Act), to align itself with the United Nations Convention on the Rights of Persons with Disabilities. This thesis applied the complementary methods of the review of academic and grey literature, document analysis of the RPwD Act, and in-depth informant interviews to become the first full study on the extent to which the RPwD Act meets the needs of PwIDs. Drawing on the biopsychosocial model of disability and intersectional theory, the findings show that the RPwD Act only partially meets the needs of PwIDs. The RPwD Act does incorporate progressive elements such as affirmative action provisions in the labour market, measures to prevent unethical research on PwIDs, and steps toward inclusive education. However, the Act stipulates a disability certification process that remains mired in the medical model of disability and is mostly inaccessible in rural areas. It also continues the system of legal guardianship dating to the colonial era which deprives many PwIDs of legal capacity and leaves some of them confined to long-term institutions with highly inadequate levels of care. Other problems in the Act include inadequate provisions to provide privacy, reproductive rights and education, and protection from discrimination.

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廖洪濤 et Hung-to Liu. « Urban forestry in China : a biogeographical study in Guangzhou city ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31239031.

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September, Jerome. « Children's rights and child labour : a comparative study of children's rights and child labour legislation in South Africa, Brazil and India ». Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9175.

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Includes bibliographical references.
This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and India (IBSA), outline the progress made to reduce and eradicate the exploitation of children, through the elimination of child labour. These three countries are chosen because of the particular challenges they face, but also because as part of the IBSA group, they have committed themselves to working together in the advancement of key international matters, including issues of human rights and social justice. The India, Brazil and South Africa (IBSA) group has further recently been held up as a global example for the efforts made by nations in the elimination of the worst forms child labour. The ultimate goal is the total elimination of child labour. This dissertation will draw attention to the complexities and contradictions in policy and practice, with particular reference to concepts such as ‘Child Labour’ and the ‘Worst Forms of Child Labour’. This dissertation will compare [the experience of] childhood in these countries, and explore the risk factors that place particular children, and families, at risk of utilising child labour as a source of income.

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BhaskarDoss, Franklin Sherwin. « The impact of anti-conversion laws in India a biblical and historical study / ». Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p001-1106.

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Nazir, Farhana Anthony. « Study of the evolution of legislation on offences relating to religion in British India and their implications in contemporary Pakistan ». Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/10625.

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The offence of blasphemy and its implications is one of the critical issues in Pakistan today. This research examines the historical setting and gradual amendment of blasphemy laws and their impact on religious communities in Pakistan. The law of blasphemy belongs to two historical periods. First, the era when the country was under military rule by the British during the colonial period: they originally framed Chapter XV of Offences Relating to Religion of the Indian Penal Code (IPC) in 1860. Secondly, its application in an independent subcontinent gradually moved from its original intention in Pakistan after 1947. In 1980s Pakistan, both the intentions of this law and its penalties were significantly altered, becoming the law which people now known as the law of blasphemy. Since the law was amended, it has made people in all religious communities, particularly minorities, critically vulnerable to malicious or unfounded accusation and has been interpreted and applied to varying effects. This historical review shows how Pakistan, though claiming to be secular and to protect all religions and communities, has actually become an exclusively Islamic country. Amending Chapter XV of Offences Relating to Religion was one of the important steps to Islamise Pakistan. This research considers a range of legal, political and constitutional questions concerning the law of blasphemy and religious communities both in pre and post-colonial periods, exploring how the law and religious communities have been and are affected by politics and legislation. In so doing, it will appraise politically significant religious laws, values and activities.

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Livres sur le sujet "Forestry law and legislation – India"

N, Choudhry R. Law of forests in India. New Delhi : Orient Pub. Co., 1999.

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Law, strategies, ideologies : Legislating forests in colonial India. New Delhi : Oxford University Press, 2002.

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Wildlife Protection Society of India., dir. Handbook of environment, forest & wildlife protection laws in India. Dehra Dun : Natraj Publishers in collaboration with Wildlife Protection Society of India, New Delhi, 1998.

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author, Okhandiar Rajit R., dir. Policy and legal framework for urban green space governance in India. New Delhi : Daya Publishing House, 2013.

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Vasan, Sudha. Exploring the policy-implementation interface : Timber rights in Himachal Pradesh, India. Delhi : Institute of Economic Growth, 2003.

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Vasan, Sudha. Exploring the policy-implementation interface : Timber rights in Himachal Pradesh, India. [Delhi : Institute of Economic Growth, 2003.

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Rao, P. Trinadha. Ādivāsī prāntāllō Ummaḍi Āṭavī Yājamānyaṃ : Pariśīlana. Rājamaṇḍri : [s.n.], 2001.

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Upadhyay, Chandra Bhushan. Forest laws : Containing commentaries on Indian Forest Act & rules, as amended up-to-date with commentaries & case-laws, and full texts of amending acts with all India state private forest acts, rules, regulations & notifications and other allied laws, etc. as amended up-to-date, alongwith forest service rules & regulations. 7^e éd. Allahabad : Hind Pub. House, 1990.

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India. Aircraft manual (India). [India : s.n., 2003.

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Pant, Ruchi. Customs and conservation : Cases of traditional and modern law in India and Nepal. Pune : Kalpavriksh, 2002.

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Chapitres de livres sur le sujet "Forestry law and legislation – India"

Keeffe, Mary, et Rittika Ghosh. « Legislation, Case Law and Current Issues in Inclusion for the United States, Australia and India ». Dans Inclusion, Disability and Culture, 313–34. Cham : Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55224-8_20.

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Guney, Gizem, David Davies et Po-Han Lee. « Introduction ». Dans Towards Gender Equality in Law, 1–12. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98072-6_1.

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AbstractThis book is the product of an international and interdisciplinary conference that was held at the University of Sussex, UK, in 2018. The primary aim of the conference was to have a closer look at the reasons and impacts of numerous problematic legislation and policies that have been adopted across the world over the last decade and which had a destabilising effect on gender equality and justice. There have been some notable examples in this regard: Poland has reintroduced restriction on women’s right to abortion in 2020 (Calkin & Kaminska, 2020); the debate over the so-called foetal “heartbeat” bills in Taiwan (Liu, 2020) and the ephemeral unconstitutional anti-abortion state laws have been heated in the US and internationally since 2019 (Bakst, 2019; Evans & Narasimhan, 2020); Russia has partially decriminalised domestic violence in 2016, despite the outcry from activists and victims (Semukhina, 2020). As a pandemic swept Europe (Kuhar & Paternotte, 2017), the mobilisation of “anti-gender”, anti-feminist and misogynist discourse in the political and policy domains has its global resonance in, for instance, Brazil (Hunter & Power, 2019), India (Rothermel, 2020) and South Korea (Kim, 2021). In this light, it would not be an exaggeration to contend that the last decade marks a global crisis of gender equality.

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Narasappa, Harish. « Rule of Law and Lawmaking ». Dans Rule of Law in India, 105–43. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199484669.003.0004.

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A dysfunctional legislature and a powerful executive severely weakens the rule of law. Lawmaking should not become an exercise of power by the majority but instead strictly adhere to the legal process which includes dialogue, reasoning, and open debate. By examining the functioning of Parliament and state legislatures over the years, the adherence, or otherwise, to the established process in the making of laws is critically analysed. The nature of the modern state, particularly a state that has a primary role in the social and economic life of society, has meant a regular exercise of the power of delegated legislation. Delegated legislation is accompanied by the threat of an arbitrary exercise of power as well as the influence of irrelevant considerations in decision-making. Using specific examples, the chapter examines whether the use of delegated legislation in India has been a threat to the Rule of Law.

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Roy, Tirthankar, et Anand V. Swamy. « Two / The Process of Legislation, 1772–1857 ». Dans Law and the Economy in Colonial India, 10–26. University of Chicago Press, 2021. http://dx.doi.org/10.7208/chicago/9780226387789.003.0002.

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Divan, Shyam, et Armin Rosencranz. « Public Interest Litigation ». Dans Environmental Law and Policy in India, 199—C7.N60. 3^e éd. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192865458.003.0007.

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Abstract This chapter assesses Public Interest Litigation (PIL), which has played, and continues to play, a crucial role in the development of environmental law in India. Indeed, public discourse on the environment began in the 1980s when the Supreme Court responded to a series of PILs concerning river and air pollution. The constitutional courts have since used PILs to shine a harsh light on neglected environmental problems. They have worked to improve environmental governance, enhance the quality of the environment and protect forests and wildlife. Where legislative gaps persisted, PILs have even been used to nudge in place regulation. All this is in addition to the usual business of courts laying down legal principles applicable to environmental law. The chapter explains how public interest litigations differ from traditional cases and critiques this branch of judicial business. It also examines the right to access information as a facet of procedural environmental rights.

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Peglow, Kerstin. « End of Life legislation under German Civil Law ». Dans Perspectives of law and culture on the end-of-life legislations in France, Germany, India, Italy and United Kingdom, 187–96. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845296777-187.

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Jackson, Emily. « 16. Surrogacy ». Dans Medical Law, 861–904. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0016.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter first discusses the legitimacy of surrogacy, and considers the particular issues raised by outsourcing surrogacy to India. It then turns to the regulation of surrogacy in the UK. Although commercial involvement in surrogacy is prohibited, the court has a wide discretion to retrospectively authorize payments to surrogacy mothers. This chapter considers the increasing number of surrogacy cases reaching the family courts, many of them involving overseas surrogacy arrangements, and evaluates how the law might be reformed, once the Law Commission has completed its review.

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Ravi, Chaitanya. « US–India Nuclear Relations Post 2008 ». Dans A Debate to Remember, 237–52. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199481705.003.0006.

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Chapter 6 focuses on debate over the crucial issue of liability in India and the emergence of liability legislation that has prevented the operationalization of the nuclear deal and negated euphoric predictions by US businesses that the deal would create thousands of hi-tech jobs in the US through the sale of nuclear reactors to India. The memories of the Bhopal disaster and residual suspicions of the US amongst the Indian polity gave rise to liability legislation that channelled liability to the suppliers of nuclear reactors, in variance with the prevailing norm of holding reactor operators responsible for accidents. The loud protests of American corporations that the liability law exposes them to unsustainable amounts of liability and the attempts of the Modi government to find a ‘workaround’ at the bureaucratic level have borne little fruit.

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« Comparative end-of-life legislation in Germany, France, Italy, Great Britain and India ». Dans Perspectives of law and culture on the end-of-life legislations in France, Germany, India, Italy and United Kingdom, sous la direction de Stephanie Rohlfing-Dijoux et Uwe Hellmann, 71–72. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845296777-71.

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Hussain, Adeel. « In Search of Vulnerabilities Lost ». Dans Law and Muslim Political Thought in Late Colonial North India, 38–70. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192859778.003.0002.

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This chapter traces how the reception of the pamphlet Rangila Rasul contributed to the formation of a distinctly Muslim political subjectivity in colonial India. It shows that the increasing salience of print media at the beginning of the twentieth century challenged the aesthetic–religious authority or ‘aura’ of the Prophet. This process set the stage for a discourse on honour, purity, and insult that became so characteristic of the pre-partition political language. This chapter further reveals that blasphemy legislation, and the surrounding legislative and judicial debates led to a solidification of the Muslim subject as a category in law and carved deep fissures between Hindus and Muslims. The Prophet’s entrance into the legal sphere also allowed for other issues around sacred space and territoriality to take centre stage and stirred Muslim political thought towards questions of representation and nationhood.

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Actes de conférences sur le sujet "Forestry law and legislation – India"

Cicoria, Massimiliano. « Legal Subjectivity and Absolute Rights of Nature ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.06.

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The anthropocentric approach that characterizes all human knowledge has led to a distortion of the relationship with Nature and a view of it as a mere object of law. This approach, presumably originating with Socrates, had solid support in Plato, Aristotle, Ptolemy, and finally, in Catholic patristics, hinging on all disciplines starting from philosophy, psychology, economics, up to law. Dwelling on the latter, examples of legislation that qualify Nature as an object of law are, increasingly over time, the Forest Charter of 1217, the Italian Law No. 1766 of 1927 on civic uses, and furthermore – Art. 812 of the Italian Civil Code, and finally – the cd. Consolidated Environmental Law. This view is, however, changing in some states such as Bolivia, New Zealand, India, Ecuador, Uganda, – the states that through either legislative acts or rulings of supreme courts have begun the process of granting both to Mother Earth in general, and rivers in particular, the status of juridical persons which are endowed with series of very personal rights, which are recognized. This is not the case in Europe, where the relevant legislation continues to consider Nature (or, better, the Environment) as an object of law, therefore as a “thing” from which to draw, albeit within certain limits, utilities of all kinds. By analysing legal instruments potentially useful for a Copernican revolution on this point – in particular, the Kelsenian concept of “legal person”, the meaning of “company” and the European provisions on Artificial Intelligence – the first conclusion is reached: in a relationship that is not only theoretical, but also practical and utilitarian, it would be opportune to start considering, also through acknowledgments in constitutional sources, the Nature as a subject and no longer an object of rights. In this regard, following the general theories of people’s rights, it could be granted certain absolute rights, of which the right to water, restoration and biodiversity are examined in the current article. Hence, we come to the second conclusion, namely, the contrasts that, in Western law, such an approach could suffer, analysing in particular the problems of neo-naturalism and representation.

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Koshelev, Anton, et Ekaterina Rusakova. « ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA ». Dans NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b2/v3/10.

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A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.

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Rapports d'organisations sur le sujet "Forestry law and legislation – India"

UNDER THE COVER OF COVID : New Laws in Asia Favor Business at the Cost of Indigenous Peoples’ and Local Communities’ Land and Territorial Rights. Rights and Resources Initiative, novembre 2020. http://dx.doi.org/10.53892/ucyl6747.

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This brief discusses legislative developments during COVID-19 in India, Indonesia, and the Philippines that undermine sustainable human-environment interactions and IPs’ and LCs’ broader enjoyment of their rights over their customary territories. While India, Indonesia and the Philippines have yet to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169) (ILO 169), all three countries have ratified the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Each of these countries has also promoted national-level tenure reforms over lands and forests, though their implementation has been weak.

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