Vol. 6, Issue 1 (2020)
Principles of international environmental law and judicial response in India
Author(s): Surbhi Dubey
Abstract: There are some basic principles of international Environmental Law and some of them are now customary international law. These principles should implement in the domestic legal system for the sake of environmental interest. But there is a problem of the countries like India to implement these principles because of inadequate national legal mechanism. In this arena the judiciary of these countries can play an important role by incorporating these principles with the harmonious explanation of the existing legal framework. However it is important to mention here that India is also trying to adopt such principles by either amending its constitution or by enacting new national legislation regarding environmental protection. So this paper seeks to analyze briefly various principles of international environmental law and the application of the principles of International Environmental Law in the domestic legal system of India. In some extent this paper has tried to describe the environmental synopsis of India. As little of the study suggests, the main purpose is to expose what are the legal stipulations as regards the principles of International Environmental Law in the national law of India and also in some cases this paper has taken initiative to compare with other south Asian Countries regarding implementation of environmental principles in the domestic legal system. An attempt has been taken by this paper to examine the role of the Judiciary relating to the implementation of such principles.