Book title

International Law in Pursuit of Global Justice Reflections from Contemporary India

India’s Response to Global Environmental Commons

Abstract

The chapter traces the development and governance of global environmental commons, encompassing shared natural resources like the high seas, atmosphere, Antarctica, and outer space, which fall outside the control of any single nation. It examines foundational legal concepts, such as Grotius’s Mare Liberum, and key international instruments like the Brundtland Report and the UN Convention on the Law of the Sea, while engaging with debates on sustainable development and the governance of common resources. Focusing on India’s role, it analyses legislative, executive, and judicial responses to international obligations concerning the Antarctic, ozone layer, and freshwater resources. The chapter highlights India’s reliance on constitutional provisions and domestic legislation to implement its international environmental commitments towards safeguarding global environmental commons. It concludes by drawing attention to evolving discussions on recognising freshwater and wetlands as part of the global commons and the need for more robust institutional mechanisms to support their governance.

Publisher

Routledge

Year

2025

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