{"id":5860,"date":"2025-10-30T17:44:10","date_gmt":"2025-10-30T12:14:10","guid":{"rendered":"https:\/\/lawjurist.com\/?p=5860"},"modified":"2025-10-30T17:52:26","modified_gmt":"2025-10-30T12:22:26","slug":"environment-climate-change-laws-a-literature-review","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2025\/10\/30\/environment-climate-change-laws-a-literature-review\/","title":{"rendered":"Environment & climate change laws: A literature review"},"content":{"rendered":"
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Author: Disha Karmakar,<\/strong> Usha martin university, Ranchi\u00a0<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Abstract :<\/strong><\/h5>\n

The interaction of environmental protection and climate change regulation represent one of the most pressing challenges of the twenty-first century. As ecosystem faces unprecedented degradation and atmospheric temperature continue to rise , the legal system has emerged as a crucial instrument for ensuring ecological security and sustainability. This study explores the conceptual foundation and contemporary relevance of environmental and climate change laws , analysing their growth from national framework to global cooperative efforts. The paper examine India\u2019s evolving legal responses-such as the Environment(protection)Act, 1986, and the energy Conservation Act,2001-alongside international accords including the Paris agreement and the Kyoto protocol. Through critical analysis , the research identifies key gapes in policy execution, institutional coordination, and citizen awareness that hinder effective enforcement. It argues that an adaptive and multidisciplinary legal approach , integrating\u00a0 scientific insight and community participation, is vital for addressing the complex realities of climate governance and achieving long-term environment resiling.<\/span><\/p>\n

Keyword:\u00a0<\/strong><\/p>\n

Environmental Legislation; Climate Governance ; Ecological Sustainability; policy implementation; Global Environment Frame work.<\/span><\/p>\n

INTRODUCTION:\u00a0<\/strong><\/p>\n

Environment degradation and climate instability have emerged as define concerns of modern civilization. The acceleration of industrial growth, urban expansion, and resource exploitation has altered natural ecosystem in irreversible ways. Over the last few decades, the global community has come to recognize that environmental protection is not merely a moral duty but a legal and policy imperative. Climate change, once considered a distant threat, now manifests through rising global temperatures, erratic rainfall, melting glaciers, and loss of biodiversity.<\/span><\/p>\n

Environmental and climate change laws serve as instruments of accountability, compelling states, corporation, and individuals to act responsibility toward the planet. These legal frameworks aim to harmonize economic progress with ecological preservation-an equilibrium that underpins the concept of sustainable development. The laws not only prohibit environmental harm but also promote preventive and restorative measures through mechanisms such as environmental impact assessments, pollution control boards, and renewable energy mandates.<\/span><\/p>\n

In the Indian context, the legal response to environmental issues has evolved from fragmented statutes to a more comprehensive system rooted in constitution principles and judicial activism. Article 48A and Article 51(g) of the Indian constitution enshrine the duty of both the state and citizens to protect and improve the environment, setting a strong foundation for ecological governance. This paper seeks to analyse how such laws have evolved, their relationship with global legal standers, and the ongoing challenges in enforcement and compliance.<\/span><\/p>\n

HISTORICAL BACKGROUND :\u00a0<\/strong><\/p>\n

\u00a0The development of environmental and climate change laws has progressed from traditional practices to mode legal systems. In ancient India, ecological balance was guided by cultural and religious values, as seen in texts like the Atharva Veda and Artha shastra, which emphasized forest and water conservation.<\/span><\/p>\n

The industrial revolution, however, led to large-scale environment damage, prompting the need for legal control. During the colonial period, acts such as the Indian forest Act of 1927 were introduced mainly to regulate resource use.<\/span><\/p>\n

A\u00a0 new phase began after the 1972 Stockholm conference, which inspired India to create dedicated environmental policies and institutions. This led to major laws like the water Act(1974),the Air Act(1981), and the Environment(protection)Act(1986). In later years, international treaties such as the Kyoto protocol(1997) and the Paris Agreement(2015) broadened the global legal framework to address climate change collectively.<\/span><\/p>\n

KEY LEGAL FRAMEWORK:\u00a0<\/strong><\/p>\n

Indian\u2019s environmental and climate change governance rests on a comprehensive legal and constitution foundation designed to protect natural resources and promote sustainable development. Over the decades, several statutes, judicial pronouncement, and institutional mechanisms have collectively sharped the environment legal regime.<\/span><\/p>\n

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  1. Constitutional provision<\/b>:\u00a0<\/span><\/li>\n<\/ol>\n

    The Indian constitution provides a strong basis for environmental\u00a0 protection .<\/span><\/b><\/p>\n