Department Of Law
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Item UNEP as Global Environmental Authority: Debate about Upgrading to UNEO(academique: An interdisciplinary discussion group, 2015) Pathak, PuneetInternational environmental organizations play a pivotal role in monitoring, agenda setting and capacity development of a global environmental regime. United Nations Environmental Programme (UNEP) since its inception in 1972 has established itself as an anchor institution for all activities relating to environmental protection. It performs the multifarious task in partnership with diverse groups, including specialized agencies of the United Nations, governments, Non-Governmental Organization (NGO), businesses, industry, the media and civil society. The mission of the programme is to inspire and support nations and communities to improve their quality of life, without compromising that of future generations. The article engages with the theoretical debate on the role of UNEP facilitating as a central platform for all global activities of environmental protection. It provides an overview of its structure, functions and the contribution of UNEP in the protection of the natural environment. Further, it also focuses on current debate regarding the establishment of the United Nations Environmental Organization (UNEO) with an insight into the current status of UNEP.Item Surrogacy: Reproductive Rights or Business(Unistar Books Pvt. Ltd, 2016) Arora, Hans Raj; Pathak, PuneetItem Acceptability of Judicial Activism in India Perspective(Universal Multidisciplinary Research Institute Pvt Ltd, 2016) Pathak, PuneetAlthough the debate on the judicial activism has been around since the days of Blackstone and Bentham.Thetraditional role of the judge has always been considered as that of an impartial arbitrator who hears the argument of both parties and renders justice without interfering in the debate of the matter. The changing attitude of the Supreme Court of India in its journey from Supreme Court of India to Supreme Court for Indians which shed their character as upholders of the established system legitimised the expending role of judiciary from mere arbitrator to a catalyst of social change and full fill the vacuum created due to passiveness of other organs of the government. The landscape of recent verdicts of Supreme Court clearly evident that it not only makes law in the sense of the realist jurisprudence but actually has started legislating exactly as the legislature legislates. In this background the paper intended to insights into the metamorphosis of judicial activism in India.Item International Environmental Crime: A growing concern of International Environmental Governance(David Publishing Company, 2016) Pathak, PuneetDespite much development of the soft as well as hard laws in the field of international environmental governance, the response to environmental crimes has remained focused on non-criminal solutions. At the domestic level, laws addressing environmental crimes are traditionally seen as extension of public and administrative laws protecting the environment, rather than as a fully developed separate branch of criminal law. Various activities resulting in environmental degradation including the threat to global warming creates a sense of urgency, and also poses questions about the proper scope of international offences against the environment. Few international environmental instruments recognized environmental degradation as an offence such as illegal trade in wildlife, ozone depleting substances, dumping and illegal transport of various kinds of hazardous waste, illegal fishing, illegal logging and the associated trade in stolen timber. Recently there is a growing concern all over the world, regarding the fast growing criminal activities severely affecting the environment and the biodiversity. It poses a serious challenge to the international environmental governance which is already vulnerable mostly being soft law. The paper begins by looking at the conceptual limitations on the emergence of a mature international criminal law of the environment. It further discusses the issue by discussing the status of international environmental crime based on secondary data resource, and concludes by describing the future of the development of international criminal law to protect the environment.Item Redressal Mechanism of Human Rights Violation: International Perspective(The Law Brigade (Publishing) Group, 2016) Pathak, PuneetHuman rights are rights inherent to all human beings, irrespective of their nationality, gender, language, colour, religion, ethnicity or any other grounds. These rights are considered as inalienable and universal. Human rights are often expressed and guaranteed by law, in the forms of declaration, covenants, customary international law, general principles and other sources of international law which lays down obligations of governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups. The numerous human rights conventions under the framework of the United Nations and the regional systems in Africa, the Americas and Europe have led to the creation of a wide range of mechanisms for monitoring compliance with international human rights laws. The paper is intended to analyse the international mechanism for the violation of human rights under various treaty based bodies and charter based bodies working under United Nations.Item Social Justice under Indian Constitution(The Law Brigade (Publishing) Group, 2016) Pathak, PuneetThe notion of justice is most commonly associated with an underlying assumption that justice equates to equal rights, access, and fair treatment in the legal system. The concept of social justice is the necessary implication of welfare state. The scheme of social Justice is very well incorporated in the various provisions of the Indian Constitution. The Preamble of the Constitution includes the terms like ‘Socialist’, ‘Social and Economic Justice’, ‘Equality’ etc., which specify that the state would extensively involve in social welfare of people, and would try to establish an egalitarian society. Moreover a distinct chapter of Directive Principles of State Policy has been dedicated towards the welfare responsibilities of the government, which lays down the norms of ideal governance for people’s welfare. Various fundamental rights and its subsequent amendments also intended to ensure social justice to the disadvantaged citizens. The paper discusses the concept of social justice and the provisions of Indian Constitution underlying the concept of social justice with the judicial interpretation which expend and contribute in the realization of the same.Item Post Modern Critique of Human Rights(International Society for Green, Sustainable Engineering and Management, 2016) Pathak, PuneetItem Role of UNEP in global environmental governance(2016) Pathak, PuneetItem Human rights approach to environmental protection(Ontario International Development Agency, 2017) Pathak, PuneetEnvironmental protection and human rights are interrelated, interconnected, and mutually responsive as both of them intended to the well-being of humanity. Safe and healthy environment is the precondition for the enjoyment of fundamental human rights. The linkage between these two approaches has recognised in various international and regional instruments, resolutions of the UN subsidiary organization, the outcome documents of international conferences, and the judicial pronouncement of tribunals, which consider the human rights framework as an effective means to achieving the ends of environment protection. Despite the evident relationship between these two, human rights violations and environmental degradation have been treated by most organizations, governments and even academia as unrelated issues. Environmentalists have tended to focus primarily on natural resource preservation without addressing human impacts of environmental abuse. A state of natural imbalance has been developed by many human-centric activities such as the industrialization, urbanization and the large scale exploitation of natural resources damaging the environment led to many serious repercussions on a large scale including Global Warming, drought, flood, environmental Refugees and migration, health issue, Ozone Depletion. Such issues involves not only environmental factors but other factors as well i.e. political, social, economic factors which requires the integration of both approaches to tackle the issues more holistically. The result of looking these two approaches separately is that the victims of environmental degradation are unprotected by the laws and mechanisms established to address human rights abuses. Linking human rights with the environment creates a rights-based approach to environmental protection that places the people harmed by environmental degradation at its center. Articulating the fundamental rights of peoples with respect to the environment creates the opportunity to secure those rights through human rights bodies in an international forum as well as the national tribunals. In this regard, the contribution made by the Indian judiciary for the protection of environment and to provide remedies to the victim of environmental harm by applying the right based approach to environmental protection is a clear example of how the framework of human rights can contribute in the protection of environment and the very existence of the humanity. The concept of sustainable development is very well served to interlink these approaches as it comprising three interrelated dimensions: environmental, economic and social. The present study is intended to describe the interlink between environmental protection and human rights approaches by analyzing instruments, initiatives taken by environmental and human rights bodies and the judicial pronouncement of various tribunals. Further it also evaluates how far the mechanism of human rights is helpful to provide remedies to the victim of environmental degradation and to provide better protection to the global environment.Item Problems and prospects of legal education in India(SSDN Publishers and Distributors, 2017) Pathak, Puneet