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Volumn 7, Issue 1, 2014, Pages 20-39

Application of solar energy in South Asia: Promoting intergenerational equity in climate law and policy

Author keywords

Climate change; Environment; Intergenerational equity; International law; Solar energy; South Asia

Indexed keywords


EID: 84893593607     PISSN: 17536235     EISSN: 17536243     Source Type: Journal    
DOI: 10.1504/IJPL.2014.059069     Document Type: Article
Times cited : (7)

References (75)
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    • See, Transfer of Property Act 1882 (India), Section 11. provides that transfer for benefit of unborn person Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property
    • See, Transfer of Property Act 1882 (India), Section 11. provides that transfer for benefit of unborn person Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.
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    • 84893569638 scopus 로고    scopus 로고
    • See Indian penal Code 1885, (India) Section 299, Culpable homicide, Explanation 3, provides that The causing of the death of child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. Most of the common law countries followed the same approach
    • See Indian penal Code 1885, (India) Section 299, Culpable homicide, Explanation 3, provides that The causing of the death of child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. Most of the common law countries followed the same approach.
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    • 84893533488 scopus 로고    scopus 로고
    • In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated
    • Stockholm Declaration of the Human Environment ,in Report of the United Nations Conference on the Human Environment, UNEPOR, June 16, 1972, UN.Doc.A/CONF.48/14/Rev.1, 1973) (Principles 1 and 2) Declaration contains various mention of future generations Principle 1: Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. , as appropriate
    • Stockholm Declaration of the Human Environment ,in Report of the United Nations Conference on the Human Environment, UNEPOR, June 16, 1972, UN.Doc.A/CONF.48/14/Rev.1, 1973) (Principles 1 and 2) Declaration contains various mention of future generations Principle 1: Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated. Principle 2: The natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate.
    • Principle 2: The Natural Resources of the Earth, Including the Air, Water, Land, Flora and Fauna and Especially Representative Samples of Natural Ecosystems, Must be Safeguarded for the Benefit of Present and Future Generations Through Careful Planning or Management
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    • Some thoughts on short-sightedness and intergenerational equity
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    • (2005) Loyola University Law Journal , vol.36 , Issue.2 , pp. 457-482
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    • Stockholm Declaration of the Human Environment, Report of the United Nations Conference on the Human Environment, UNEPOR, June 16, 1972,UN.Doc.A/CONF.48/14 /Rev.1, 973) Principle 1 and 2
    • Stockholm Declaration of the Human Environment, Report of the United Nations Conference on the Human Environment, UNEPOR, June 16, 1972,UN.Doc.A/CONF.48/14 /Rev.1, 1973) Principle 1 and 2.
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    • Convention on International Trade in Endangered Species of Wild Fauna and Flora, opened for signature Mar. 3, 1973, 993 U.N.T.S. 243, Preamble (entered into force 1 July1975), Preamble.
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    • (1980)
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    • Declaration on the Responsibilities of the Present Generations towards Future Generations, adopted on 12 November 1997 by the General Conference of UNESCO at its 29th session.
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    • Water (Prevention and Control of Pollution) Act, (India), 1974, this is also the first specific and comprehensive legislation institutionalising simultaneously the regulatory agencies for controlling water pollution. The Pollution Control Board at the Centre and in the State came into being in terms of this Act
    • Water (Prevention and Control of Pollution) Act, (India), 1974, this is also the first specific and comprehensive legislation institutionalising simultaneously the regulatory agencies for controlling water pollution. The Pollution Control Board at the Centre and in the State came into being in terms of this Act.
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    • Constitution of India (India) 1950, art 48-A and art 51-A (g), Directive Principle of State Policy Protection and improvement of environment and safeguarding of forests and wild life. -The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Fundamental duties -It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. This provisions form part of Directive Principles of State Policy and Fundamental duties and hence legally not directly enforceable for individuals and groups, which takes them the immediate status of fundamental rights
    • Constitution of India (India) 1950, art 48-A and art 51-A (g), Directive Principle of State Policy Protection and improvement of environment and safeguarding of forests and wild life. -The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Fundamental duties -It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. This provisions form part of Directive Principles of State Policy and Fundamental duties and hence legally not directly enforceable for individuals and groups, which takes them the immediate status of fundamental rights.
  • 23
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    • State of Bihar, (1991) AR SC 420.21 of the Constitution.' 32 The Indian Judiciary in general have relied on various international environmental doctrines and principles including the public trust doctrine, precautionary principle, polluter pays principle, etc. Enviro-Legal Action v. UOI and Ors, AIR 1996 SC 1446., the Supreme Court of India ruled, The Polluter Pays Principle means that absolute liability of harm to the environment extends not only to compensate the victims of pollution, but also to the cost of restoring environmental degradation. Remediation of damaged environment is part of the process of sustainable development. M.C. Mehta v. Kamal Nath and Others, (1997) 1 SCC 388. court pronounced in categorical terms 'The public trust doctrine, as discussed by us in this judgement is a part of the law of the land.
    • Subhash Kumar v. State of Bihar, (1991) AR SC 420. 21 of the Constitution.' 32 The Indian Judiciary in general have relied on various international environmental doctrines and principles including the public trust doctrine, precautionary principle, polluter pays principle, etc. Enviro-Legal Action v. UOI and Ors, AIR 1996 SC 1446., the Supreme Court of India ruled, The Polluter Pays Principle means that absolute liability of harm to the environment extends not only to compensate the victims of pollution, but also to the cost of restoring environmental degradation. Remediation of damaged environment is part of the process of sustainable development. M.C. Mehta v. Kamal Nath and Others, (1997) 1 SCC 388. court pronounced in categorical terms 'The public trust doctrine, as discussed by us in this judgement is a part of the law of the land. The public trust doctrine therefore furnishes a theoretical framework to the courts in deciding those cases relating to the environment where a major community resource has been directed towards purposes and uses other than those for common enjoyment and benefit.
    • The Public Trust Doctrine Therefore Furnishes a Theoretical Framework to The Courts In Deciding Those Cases Relating to The Environment Where a Major Community Resource has Been Directed Towards Purposes and Uses other than Those for Common Enjoyment and Benefit.
    • Subhash Kumar, V.1
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    • Ch. VI, Art. 27 The state shall protect, preserve and improve the environment for the benefit of the community. Ch. VI, Art. 28 The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly it is the duty of every person in Sri Lanka -(d) to preserve and protect public property and to combat misuse and waste of public property; (f) to protect nature and conserve its riches., Constitution of Nepal (Nepal) 1980 Part IV, Art.19(3) The social objective of the Panchayat System shall be to establish a harmonious social life, based upon morality
    • Constitution of the Democratic Socialist Republic of Sri Lanka, (Srilanka) 1984. Ch. VI, Art. 27 The state shall protect, preserve and improve the environment for the benefit of the community. Ch. VI, Art. 28 The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly it is the duty of every person in Sri Lanka -(d) to preserve and protect public property and to combat misuse and waste of public property; (f) to protect nature and conserve its riches., Constitution of Nepal (Nepal) 1980 Part IV, Art. 19(3) The social objective of the Panchayat System shall be to establish a harmonious social life, based upon morality.
    • (1984) Constitution of the Democratic Socialist Republic of Sri Lanka, (Srilanka)
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    • Shehla Zia v. WAPDA, (1994) PLD, SC693,712. Judge Salim Akhtar
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    • M. Farooque v. Bangladesh and Others ( 1997) 49 DLR (AD) 1 Court took the assistance of Art 31 and art 32 of the Constitution of Bangladesh. Article 31 states that every citizen has the right to protection from 'action detrimental to the life liberty, body, reputation, or property', unless these are taken in accordance with law. Article 32 states:No person shall be deprived of life or personal liberty save in accordance with law.These two articles together incorporate the fundamental 'right to life and that this right to life includes the right to a healthy environment capable of supporting the growth of a meaningful 'existence of life
    • M. Farooque v. Bangladesh and Others (1997) 49 DLR (AD) 1 Court took the assistance of Art 31 and art 32 of the Constitution of Bangladesh. Article 31 states that every citizen has the right to protection from 'action detrimental to the life liberty, body, reputation, or property', unless these are taken in accordance with law. Article 32 states: No person shall be deprived of life or personal liberty save in accordance with law. These two articles together incorporate the fundamental 'right to life and that this right to life includes the right to a healthy environment capable of supporting the growth of a meaningful 'existence of life.
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    • United Nations Framework Convention on Climate Change, Opened for signature May 9, 1992, U.N. Doc. A/AC.237/18 (Part II)/Add.1; 31 ILM 849 (1992) (entered into force march 23 1994). Art. 3 Principles. 46 United Nations (1995) United Nations Framework Convention on Climate Change, HMSO Books, London.
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    • Abbott, K.W.1    Snidal, D.2
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    • United Nations Framework Convention on Climate Change, Opened for signature May 9, 1992, U.N. Doc. A/AC.237/18 (Part II)/Add.1; 31 ILM 849 ( 1992) (entered into force march 23 1994). Art 3 dealing with principles provides that The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof, Determined to protect the climate system for present and future generations, (Preamble) The terms according to their capabilities clearly prove that they did not mean a mandatory commitment
    • United Nations Framework Convention on Climate Change, Opened for signature May 9, 1992, U.N. Doc. A/AC.237/18 (Part II)/Add.1; 31 ILM 849 (1992) (entered into force march 23 1994). Art 3 dealing with principles provides that The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof, Determined to protect the climate system for present and future generations, (Preamble) The terms according to their capabilities clearly prove that they did not mean a mandatory commitment.
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    • Island of Palmas Arbitration, (Netherlands United States) (Award) ( 1928) 2 RIAA, 829, 846 Award noted 'As regards the question which of different legal systems prevailing at successive periods is to be applied in a particular case (the so-called intertemporal law), a distinction must be made between the creation of rights and the existence of rights. The same principle which subjects the act creative of a right to the law in force at the time the right arises, demands that the existence of the right, in other words its continued manifestation, shall follow the conditions required by the evolution of law
    • Island of Palmas Arbitration, (Netherlands United States) (Award) (1928) 2 RIAA, 829, 846 Award noted 'As regards the question which of different legal systems prevailing at successive periods is to be applied in a particular case (the so-called intertemporal law), a distinction must be made between the creation of rights and the existence of rights. The same principle which subjects the act creative of a right to the law in force at the time the right arises, demands that the existence of the right, in other words its continued manifestation, shall follow the conditions required by the evolution of law.
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    • Energy consumption and economic growth in south asian countries: A co-integrated panel analysis', international journal of human and social sciences, pp
    • Pakistan's energy crisis seems to be worsening, with overall demand expected to top 50,000 megawatts (mW) by 2030 -which is three times the supply currently provided by its system. Nepal experiences up to 20 hours of power cuts per day during the dry season, while over 50% of Bangladesh's population still have no access to electricity, (accessed 21 September 2012
    • Noor, S. and Siddiqi, M.W. (2010) 'Energy consumption and economic growth in South Asian countries: a co-integrated panel analysis', International Journal of Human and Social Sciences, pp.5-14. Pakistan's energy crisis seems to be worsening, with overall demand expected to top 50,000 megawatts (mW) by 2030 -which is three times the supply currently provided by its system. Nepal experiences up to 20 hours of power cuts per day during the dry season, while over 50% of Bangladesh's population still have no access to electricity, Collective Action' Needed to Target South Asia's Energy Crisis [online] http://www.apolloenergy.co.uk/collective-action-needed-to-target-south-asias- energy-crisis/ (accessed 21 September 2012).
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    • Noor, S.1    Siddiqi, M.W.2
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    • National Action Plan on Climate Change, Government of India, India
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    • Annual Report , Ministry of New and Renewable Energy,(India), (2006-2007).
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    • Hussain, S.F. (2007) Powering Up: Pakistan's Push for Renewable Energy, 6 June 2007 [online] http://www.scidev.net/en/features/powering-up-pakistans- push-for-renewable-energy.htm (accessed 7 December 2012).
    • (2007) Powering Up: Pakistan's Push for Renewable Energy
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    • See Supra note 82
    • See Supra note 82.
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    • Sri lanka has the world's most successful rural solar programme
    • More than 100,000 homes use solar today, this is 2% of all homes in Sri Lanka which is around 5 Million, Senanayake, G. ( 2009) Srilanka Renewable Energy Report, Asian and Pacific Centre for Transfer of Technology of the
    • Sri Lanka has the world's most successful rural solar programme. More than 100,000 homes use solar today, this is 2% of all homes in Sri Lanka which is around 5 Million, Senanayake, G. (2009) Srilanka Renewable Energy Report, Asian and Pacific Centre for Transfer of Technology of the United Nations -Economic and Social Commission for Asia and the Pacific (ESCAP).
    • United Nations-Economic and Social Commission for Asia and the Pacific (ESCAP
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    • (Regional Report,2006) [online] None of the countries in South Asia region has been able to supply electricity to all the households in the country. A large number of villages are yet to be electrified through power grid interconnections In Bangladesh, only 32% of the population has access to electricity, In Afghanistan only 6% of the population has access to electricity. Only 40% of the total population and 30% of the rural population in Bhutan has access to electricity. Ninety percent of Pakistan's population either does not have access to electricity or consumes less than 60 kW/hrs a month per household and their quality of life is correspondingly low.
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