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Environmental law and Business Ethics

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ACKNOWLEDGEMENT I would like to express my gratitude to all those who gave me the possibility to complete this thesis we deeply indebted to my supervisor Prof. Mr. S.N. Ghosh from the IIPM,NEW DELHI whose help, stimulating suggestions and encouragement helped me in all the time of research for and writing of this thesis. Contents 1. Abstract 2. Environmental law 3. Environmental law in INDIA 4. Description of Environmental law 5. Purpose of Environmental Law 6. International environmental law
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  ACKNOWLEDGEMENT I would like to express my gratitude to all those who gave me the possibility to complete this thesiswe deeply indebted to my supervisor Prof. Mr. S.N. Ghosh from the IIPM,NEW DELHI whose help,stimulating suggestions and encouragement helped me in all the time of research for and writing of this thesis.  Contents 1. Abstract2. Environmental law3. Environmental law in INDIA4. Description of Environmental law5. Purpose of Environmental Law6. International environmental law7. India treaty obligations8. Business Ethics9. Business Culture Of India10. Why Study Ethics?11. Business Ethics Covers12. Code of Ethics13. Seven steps for implementing the code14. Business Ethics Leadership Alliance15. References   ABSTRACT Laws and regulations are a major tool in protecting the environment. To putthose laws into effect, government agencies create and enforce regulations.    Thetalk will review three Supreme Court cases and theirn unintended consequences: The Sriram Food and Fertilizer Case of 1986, which the Court used to attempt tocontrol the Bhopal Gas Leak litigation; the Delhi Pollution Case of 1985-2002,which disempowered executive authority; and the still ongoing GodavarmanCase of 1996, which has brought the Court full scale into the field of forestprotection, empowering certain institutions and disempowering others. Talk willalso point out that the Supreme Court has NEVER stopped a large project, E.g.Narmada, despite its rhetoric about concern for the human rights of project-  affected people. And Prof. Rosencranz will raise the question of what happenswhen an activist Supreme Court turns to the right, as it has done recently.In this section, you'll find a basic description of how laws and regulations come tobe, what they are, and where to find them  The Indian constitution is amongst thefew in the world that contains specific provisions on environment protection.  What is environmental law....? Environmental law   is a complex and interlocking body of statutes,common law,treaties, conventions,regulationsand policies which, very broadly, operate to regulate the interaction of humanityand the rest of thebiophysicalornatural environment, toward the purpose of reducing or minimizing the impacts of human activity, both on the natural environment and on humanity itself.Environmental law draws from and is influenced by principles of environmentalism, includingecology,conservation,stewardship,responsibility  andsustainability. From an economic perspective it can be understood asconcerned with the prevention of present and futureexternalities.Areas of concern in environmental law includeair quality,water quality,global climate change,agriculture,biodiversity,species protection,pesticidesand hazardous chemicals,waste management,remediationof contaminated land  andbrownfields,smart growth,sustainable development,impact review, and conservation, stewardship and management of public landsandnatural resources. Environmental laws in INDIA: In the Constitution of India it is clearly stated that it is the duty of the state to‘protect and improve the environment and to safeguard the forests and wildlifeof the country’. It imposes a duty on every citizen ‘to protect and improve thenatural environment including forests, lakes, rivers, and wildlife’. Reference tothe environment has also been made in the Directive Principles of State Policy aswell as the Fundamental Rights. The Department of Environment was establishedin India in 1980 to ensure a healthy environment for the country. This laterbecame the Ministry of Environment and Forests in 1985. The constitutional provisions are backed by a number of laws – acts, rules, andnotifications. The EPA (Environment Protection Act), 1986 came into force soonafter the Bhopal Gas Tragedy and is considered an umbrella legislation as it fillsmany gaps in the existing laws. Thereafter a large number of laws came intoexistence as the problems began arising, for example, Handling and`Management of Hazardous Waste Rules in 1989.‘Environmental law in India’ is an exhaustive study of the growth of the lawrelating to environment in India. The third edition highlights the various aspectsof environmental regime law of public nuisance and civil remedies, protection of forest habitat, natural resources and coastal zones, control of pollution, liabilityfor environmental torts, constitutional mandate for environmental protection, judicial review of decisions affecting environment and environmental impactassessment processes. It contains a qualitative analysis of the laws pertaining tothe field, reference to relevant international conventions and comments onrecent and updated case law, making it an indispensable tool for legalpractitioners, decision makers, environmentalists and students of law andenvironment

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