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1
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0003983663
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2nd ed., Oxford University Press, Oxford
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Bimie, P. and Boyle, A. (2002), International Law and the Environment, 2nd ed., Oxford University Press, Oxford.
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(2002)
International Law and the Environment
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Bimie, P.1
Boyle, A.2
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2
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34147150879
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World Commission on Environment and Development, Bruntland Report,Oxford University Press, Oxford
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World Commission on Environment and Development, Bruntland Report, (1987) Towards Sustainable Development in Our Common Future, Oxford University Press, Oxford.
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(1987)
Towards Sustainable Development in Our Common Future
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4
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84893537066
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Economic analysis and climate change
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Tietenberg, T.H. (1998) 'Economic analysis and climate change', Environment and Development Economics, Vol. 3, No. 3, pp.402-405.
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(1998)
Environment and Development Economics
, vol.3
, Issue.3
, pp. 402-405
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Tietenberg, T.H.1
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5
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84893585372
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Stern review on the economics of climate change stern report
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Stern Review on The Economics of Climate Change Stern Report, part 11 Impact of Climate change (2007).
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(2007)
Part 11 Impact of Climate change
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6
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84893592012
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See Supra note 3
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See Supra note 3.
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7
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84893551513
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Climate change, rights of future generations and intergenerational equity: An in-expert exploration of a dark and cloudy path
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209.
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Mintzer, I. and Michel, D. (2001) 'Climate change, rights of future generations and intergenerational equity: an in-expert exploration of a dark and cloudy path', International Journal of Global Environmental Issues, Vol. 1, No. 2, pp.203-222. 209.
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(2001)
International Journal of Global Environmental Issues
, vol.1
, Issue.2
, pp. 203-222
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Mintzer, I.1
Michel, D.2
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8
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84893600891
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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
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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.
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9
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84893569638
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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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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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10
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84893533488
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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
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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
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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.
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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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11
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79959612975
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Some thoughts on short-sightedness and intergenerational equity
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Frischmann, B.M. (2005) 'Some thoughts on short-sightedness and intergenerational equity', Loyola University Law Journal, Vol. 36, No. 2, pp.457-482.
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(2005)
Loyola University Law Journal
, vol.36
, Issue.2
, pp. 457-482
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Frischmann, B.M.1
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12
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0021622096
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The planetary trust: Conservation and intergenerational equity
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Weiss, E.B. (1984) 'The planetary trust: conservation and intergenerational equity', Ecology Law Quarterly, Vol. 11, No. 4, pp.495-496.
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(1984)
Ecology Law Quarterly
, vol.11
, Issue.4
, pp. 495-496
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Weiss, E.B.1
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13
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84893615573
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Charter of the United Nations, Preamble
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Charter of the United Nations, Preamble.
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15
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84893551117
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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
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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, 1973) Principle 1 and 2.
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16
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84893617235
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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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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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17
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84893584012
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Rio Declaration on Environment and Development, Report of the United Nations Conference on Environment and Development, UN Doc. A/CONF.151/26/Rev.1 (1992), Principle 3
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Rio Declaration on Environment and Development, Report of the United Nations Conference on Environment and Development, UN Doc. A/CONF.151/26/Rev. 1 (1992), Principle 3.
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18
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84893552608
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World Summit for Social Development Programme of Action, UNWSSD, 6-12 March 1995, Annex 1,UN Doc A/CONF.166/9, (1995) Part B, art. 26(b
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World Summit for Social Development Programme of Action, UNWSSD, 6-12 March 1995, Annex 1,UN Doc A/CONF.166/9, (1995) Part B, art. 26(b).
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19
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84893570727
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Historical Responsibility of States for the Preservation of Nature for Present and Future Generations, GA Res 35/8, UNGAOR, 49th Plen Mtg, UN Doc A/35/8
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Historical Responsibility of States for the Preservation of Nature for Present and Future Generations, GA Res 35/8, UNGAOR, 49th Plen Mtg, UN Doc A/35/8, (1980).
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(1980)
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20
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84893629416
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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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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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21
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84893620418
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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
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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.
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22
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84893575540
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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
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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.
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23
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84893596850
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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.
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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.
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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.
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Subhash Kumar, V.1
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24
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84893560790
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Rural Litigation and Entitlement Kendera v. State Of U.P. ( 1988) AIR SC 2187
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Rural Litigation and Entitlement Kendera v. State Of U.P. (1988) AIR SC 2187.
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25
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84893635984
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Enviro-Legal Actions v Union of India, (1996),AIR SC 1446
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Enviro-Legal Actions v Union of India, (1996), AIR SC 1446.
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26
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84893573851
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State of Himachal Pradesh v. Ganesh Wood Products, (1996) AIR SC 149
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State of Himachal Pradesh v. Ganesh Wood Products, (1996) AIR SC 149.
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27
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84893557532
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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
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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.
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(1984)
Constitution of the Democratic Socialist Republic of Sri Lanka, (Srilanka)
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28
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Shehla Zia v. WAPDA, (1994) PLD, SC693,712. Judge Salim Akhtar
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Shehla Zia v. WAPDA, (1994) PLD, SC 693,712. Judge Salim Akhtar.
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29
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84893570258
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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
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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.
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31
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84893617512
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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 ( United Nations Framework Convention on Climate Change, HMSO Books, London
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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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(1995)
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33
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0003729455
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United Nations University, Transnational Publishers, 51 Id., at 38
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Weiss, E.B. (1989) ln Fairness to Future Generations: International Law, Common Patrimony, and Intergenerational Equity , The United Nations University, Transnational Publishers, 51 Id., at 38.
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(1989)
Fairness to Future Generations: International Law, Common Patrimony, and Intergenerational Equity , The
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Weiss, E.B.1
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34
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0007577216
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Do we owe a duty to future generations to preserve the global environment
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D'Amato, A. (1990) 'Do we owe a duty to future generations to preserve the global environment', American Journal of International Law, Vol. 84, No. 1, pp.198-213.
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(1990)
American Journal of International Law
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D'Amato, A.1
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35
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Intergenerational equity: Toward an international legal framework
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MIT Press in chouc, n. (eds.)
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Weiss, E.B. (1995) 'Intergenerational equity: toward an international legal framework', in Chouc, N. (Eds.): Global Accord: Environmental Challenges and International Responses, pp.350-372, MIT Press.
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(1995)
Global Accord: Environmental Challenges and International Responses
, pp. 350-372
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Weiss, E.B.1
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36
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84893538631
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See Supra note 50 at 22
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See Supra note 50 at 22.
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37
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0034408291
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Hard and soft law, in international governance,'
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Abbott, K.W and Snidal, D. (2000) 'Hard and soft law, in international governance,' International Organization, Vol. 54, No. 3, pp.421-435.
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(2000)
International Organization
, vol.54
, Issue.3
, pp. 421-435
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Abbott, K.W.1
Snidal, D.2
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38
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84893536739
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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
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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.
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43
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84893627202
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See Supra note 66 p 16
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See Supra note 66 p 16.
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44
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84893619593
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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
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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.
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45
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84893532152
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Maritime Delimitation in the Area between Greenland and Jan Mayen (Denmark v. Norway [ 1993] lCJ Rep.67, 243 (Judge Weeramantry
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Maritime Delimitation in the Area between Greenland and Jan Mayen (Denmark v. Norway [1993] lCJ Rep.67, 243 (Judge Weeramantry).
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46
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84893545778
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Legality of the threat or use of nuclear weapons case (advisory opinion) [
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[ 29] (Judge Weeramantry
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Legality of the Threat or Use of Nuclear Weapons Case (Advisory Opinion) [1996] ICJ Rep 241, [29] (Judge Weeramantry).
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(1996)
ICJ Rep
, vol.241
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47
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84893563877
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Gabcikovo-Nagymaros Project (Hungaria v.Slovakia) [
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Gabcikovo-Nagymaros Project (Hungaria v. Slovakia) [1997] lCJ Rep.7 68.
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(1997)
LCJ Rep.7
, vol.68
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48
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84875177245
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The Hindu, Delhi, India, 31 July
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Mehdudia, S. and Ramachandaran, S.K. (2012) 'Worst outage cripples North India', The Hindu, Delhi, India, 31 July, p.1.
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(2012)
Worst outage cripples North India
, pp. 1
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Mehdudia, S.1
Ramachandaran, S.K.2
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49
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84893549300
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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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(2010)
Collective Action' Needed to Target South Asia's Energy Crisis [online
, pp. 5-14
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Noor, S.1
Siddiqi, M.W.2
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51
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84893616388
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Renewable energy in South Asia, -Status and Prospects, World Energy Council and South Asian Association for Regional Cooperation ( 2000) [online] accessed 21 September 2012
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Renewable energy in South Asia, -Status and Prospects, World Energy Council and South Asian Association for Regional Cooperation (2000) [online] http://www.worldenergy.org/documents/saarc.pdf (accessed 21 September 2012).
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53
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Intergenerational equity as it relates to conservation and coal extraction standards
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Toole, R.P.O. and Walton, A.L. (1982) 'Intergenerational equity as it relates to conservation and coal extraction standards', Natural Resources Journal, Vol. 22, No. 1, pp.53-65.
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(1982)
Natural Resources Journal
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Toole, R.P.O.1
Walton, A.L.2
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54
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84893567684
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See Supra note 82
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See Supra note 82.
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55
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Energy, environment and security in south asia,'
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Vinodan, C. (2010) 'Energy, environment and security in South Asia,' International Journal of South Asian Studies, Vol. 3, No. 1, pp.38-56.
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(2010)
International Journal of South Asian Studies
, vol.3
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, pp. 38-56
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Vinodan, C.1
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National Action Plan on Climate Change, Government of India, India
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National Action Plan on Climate Change, Government of India, India (2008).
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(2008)
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57
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84893553553
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Renewable energy in South Asia, -Status and Prospects, World Energy Council and South Asian Association for Regional Cooperation (2000) [online] accessed 3 June 2012
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Renewable energy in South Asia, -Status and Prospects, World Energy Council and South Asian Association for Regional Cooperation (2000) [online] http://www.worldenergy.org/documents/saarc.pdf (accessed 3 June 2012).
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Annual Report Ministry of New and Renewable Energy,(India), (2006-2007
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Annual Report , Ministry of New and Renewable Energy,(India), (2006-2007).
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60
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India climate change action plan
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29 July, Mumbai
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Sangal, P. (2008) 'India climate change action plan', The Economic Times, 29 July, p.5, Mumbai.
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(2008)
The Economic Times
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6 June 2007 [online] (accessed 7 December 2012
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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).
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(2007)
Powering Up: Pakistan's Push for Renewable Energy
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Hussain, S.F.1
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62
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See Supra note 82
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See Supra note 82.
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64
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Sri lanka has the world's most successful rural solar programme
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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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