澳大利亚法律学论文范文 [8]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-10-13编辑:zcm84984点击率:13652
论文字数:6602论文编号:org201409271711524180语种:英语 English地区:澳大利亚价格:免费论文
关键词:环境法律人权的概念Human RightsLaw Essa概念分析y
摘要:本文是旨在分析印度的环境法律和人权的概念的一篇留学生论文,随着环境破坏的发生,这已经成为了人类生存和发展的一个主要威胁,环境法律已成为推动发展的同时不受环境破坏的最重要的工具。
ation of environment except in cases where the advantages outweigh disadvantages and those are also subject to conditions. [22]
SUSTAINABLE DEVELOPMENT
Sustainable development is meeting today's needs of development without compromising future generations' ability to develop. The linkage between environment and development was globally recognized in 1980, when the International Union for the Conservation of Nature published the World Conservation Strategy and used the term 'sustainable development.' The concept came into general usage following publication of the 1987 report of the Brundtland Commission — formally, the World Commission on Environment and Development. Set up by the United Nations General Assembly, the Brundtland Commission coined what was to become the most often-quoted definition of sustainable development as development that 'meets the needs of the present generation without compromising the ability of future generations to meet their own needs.' [23] 24
However, different levels of societies have their own concept of sustainable development and the object that is to be achieved by it. For instance, for rich countries, sustainable development may mean steady reductions in wasteful levels of consumption of energy and other natural resources through improvements in efficiency, and through changes in life style, while in poorer countries, sustainable development would mean the commitment of resources toward continued improvement in living standards.
The Supreme Court in the case of Narmada Bachao Andolan v Union of India [25] , explained the meaning of sustainable development stated:
“Sustainable development means what type or extent of development can take place, which can be sustained by nature/ecology with or without mitigation.”
Being a developing country, economic progress is essential; at the same time, care has to be taken of the environment. Thus, the question that squarely arises is: How can sustainable development, with economic progress and without environmental regression, be ensured within the Indian legal framework? This can be achieved through the implementation of good legislation.
The courts have attempted to provide a balanced view of priorities while deciding environmental matters. As India is a developing country, certain ecological sacrifices are deemed necessary, while keeping in mind the nature of the environment in that area, and its criticality to the community. This is in order that future generations may benefit from policies and laws that further environmental as well as developmental goals. This ethical mix is termed sustainable development, and has also been recognized by the Supreme Court in the Taj Trapezium case. [26]
In State of Himachal Pradesh v. Ganesh Wood Products [27] , the Supreme Court invalidated forest-based industry, recognizing the principle of inter-generational equity as being central to the conservation of forest resources and sustainable development.
ENVIRONMENTAL LAW PRINCIPLES
The Court has successfully isolated specific environmental law principles upon the interpretation of Indian statutes and the Constitution, combined with a liberal view towards ensuring social justice and the protection of human rights. The principles have often found reflection in the Constitution in some form, and are usually justified even when not
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