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The Indian Supreme Court and International Environmental Norms

February 2018

Citation: 48 ELR 10125

Issue: 2

Author: Gautam Sundaresh

The Indian Supreme Court has been globally recognized for its inclination toward activism and its willingness to step in to fill gaps with respect to issues that affect the State and society alike. With respect to environmental issues, the Court’s activism has been markedly greater, and it has time and again played a leading role in deciding (and altering) the contours of the regulatory framework and in paving the way for a “sustainable India." This Comment analyzes one aspect of the Court's activism: its adoption and application of international environmental law principles. Looking at five judgments of the Supreme Court in chronological order, the Comment attemps to identify both the point at which the Court chose to look beyond the domestic framework and the methodology it adopted while doing so.

Gautam Sundaresh is an India-qualified lawyer, currently practicing in a corporate advisory firm in Mumbai. He graduated from Jindal Global Law School in 2016.

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