National Journal of Environmental Law

Enhancing Environmental Protection through Ecocide Recognition: Aligning International Criminal Law with SDG 15

2026-01-13T10:35:45+00:00

The proposal to recognise ecocide as a fifth international crime, prosecutable by the International Criminal Court, represents a paradigmatic shift in environmental governance and international criminal jurisprudence. This article critically examines the multifaceted impediments to institutionalising ecocide prosecution, focusing on epistemological challenges in defining environmental harm and jurisdictional constraints inherent in the Rome Statute framework. Through an analysis of doctrinal evolution, comparative criminological frameworks, and geopolitical dynamics, this study argues that while ecocide criminalisation possesses normative legitimacy, its operationalisation confronts substantive legal, evidentiary, and political obstacles that necessitate a fundamental reconceptualisation of the architecture of international criminal law.

Revisiting the Disaster Management Framework in India: The Need for Legal Reforms

2026-05-01T03:32:40+00:00

India's geographic and climatic diversity renders it one of the most disaster-prone countries in the world, vulnerable to a wide spectrum of natural and human-induced hazards including earthquakes, cyclones, floods, droughts, landslides, and industrial accidents. The Disaster Management Act, 2005 (DMA) represents India's primary legislative framework for disaster management, establishing institutional structures, delineating responsibilities, and providing for the preparation, response, and recovery phases of disaster management. However, the experience of nearly two decades of implementation, culminating in the unprecedented challenges posed by the COVID-19 pandemic, the Uttarakhand glacier disaster of 2021, and recurring floods across multiple states, has revealed significant deficiencies in the existing legal framework. This article critically examines the disaster management framework in India, evaluating the adequacy of the DMA and related legislation in addressing the evolving nature of disaster risks, the challenges of coordination among multiple levels of government, the integration of climate change adaptation into disaster risk reduction, and the protection of the rights of disaster-affected populations. Through a comparative analysis of international best practices and an assessment of India's institutional and legal architecture, this paper argues that comprehensive legal reforms are necessary to strengthen India's disaster preparedness, response capacity, and resilience in the face of escalating climate-related risks. The article concludes with specific recommendations for legislative reform, institutional restructuring, and the integration of a rights-based approach to disaster management.

#AnimalLivesMatter? The controversial case for legal personhood for animals

2026-03-29T18:05:57+00:00

The word ‘slavery’ is an emotive and controversial word which reminds us of the darkest side of human nature. Morally, society as a whole would agree that enslaving the non-consensual should remain unlawful. Animal rights activists have argued the definition of the non- consensual should be extended to non-human animals and in order to offer non-human animals the best legal protection, they should be given the status of ‘legal personhood’. This essay examines the legal journey and current status of non-human animals in English and European courts and whether the courts are ready to give non-human animals the status of legal personhood. As a secondary issue, this essay will also scrutinize society’s readiness to give non-human animals the status of legal personhood most evidently why people of colour, who would empathise with the horrors of enslavement more than anybody else, are not at the forefront of stopping the enslavement of nonhuman animals – and what animal rights activists would need to do to sway society’s mind.

Legal Frameworks Governing Space Technology for Wildlife Conservation and Biodiversity Protection

2026-05-05T06:30:22+00:00

The swift proliferation of space-based technologies has repositioned outer space from a sphere of exclusive scientific inquiry to vital infrastructure underpinning terrestrial governance. One of its most significant, yet insufficiently examined, applications entails the deployment of satellite remote sensing and space-generated data for wildlife conservation and biodiversity safeguarding. Confronted with existential threats to terrestrial ecosystems—including climate change, habitat fragmentation, illicit trafficking, and anthropogenic incursion—space technologies have become essential for surveilling ecological transformations, tracing faunal displacements, and facilitating conservation enforcement. Nonetheless, this technological paradigm shift precipitates multifaceted legal quandaries situated at the confluence of international space law, environmental jurisprudence, and national regulatory apparatuses. This paper systematically analyzes the extant legal frameworks governing the utilization of space technology for wildlife conservation and biodiversity protection, identifying critical gaps and proposing normative refinements necessary for effective and equitable application. It evaluates how current international space law, designed for a nascent space age, grapples with the dual-use nature of satellite technologies that can both advance conservation efforts and introduce novel environmental externalities, such as light pollution impacting wildlife and astronomical observations (Yavuz, 2024). This study scrutinizes the governance of space technologies for wildlife conservation under prevailing legal frameworks, particularly assessing the adequacy of international space law in accommodating terrestrial environmental objectives. Seminal agreements—including the 1967 Outer Space Treaty, the Principles Relating to Remote Sensing of the Earth from Outer Space, and the Liability Convention—articulate overarching principles of peaceful utilization, state accountability, and international collaboration. Nevertheless, these instruments, predating modern conservation priorities, furnish only rudimentary orientation on pivotal concerns such as data stewardship, sovereignty over ecological intelligence, private sector engagement, and protections for indigenous and local communities subject to satellite surveillance. Moreover, the evolving landscape of Space 4.0, characterized by increasingly complex satellite mega-constellations and commercial ventures, introduces further legal uncertainties regarding orbital debris, frequency allocation, and the equitable distribution of environmental data benefits (Bohlmann & Petrovici, 2019). Employing a doctrinal and comparative legal methodology, this study examines the manner in which prominent spacefaring nations have implemented these international principles via domestic and regional legal frameworks. It assesses the United States' open data policies under NASA and NOAA, alongside the European Union's Copernicus Programme and Sentinel missions overseen by the European Space Agency, elucidating the legal provisions that facilitate satellite data utilisation for biodiversity monitoring, climate evaluation, and measures against illegal logging, poaching, and habitat destruction. Empirical case studies—such as tracking elephant migrations across Africa, monitoring Amazonian deforestation, and detecting Emperor Penguin colonies in Antarctica—illustrate the substantive conservation benefits derived from space-based observational systems. However, the efficacy of these technologies is often contingent upon robust regulatory frameworks that address data accessibility, privacy concerns, and potential dual-use implications (Sauls et al., 2023) This necessitates an in-depth examination of the international and national legal instruments that govern Earth observation data, particularly those delineated within the UN Principles on Remote Sensing (Langston, 2011). The paper additionally investigates emerging legal challenges, encompassing issues of state sovereignty, data ownership, ethical surveillance practices, and the incorporation of space-derived data into national conservation enforcement mechanisms. It contends that, although space technologies markedly augment conservation capacities, their oversight remains fragmented across disparate legal regimes, thereby engendering normative gaps that threaten both environmental protection and international cooperation. This fragmentation is particularly evident in the context of mega-constellations, where the increasing risks of orbital collision and space debris pose significant threats to the long-term sustainability of space activities, despite their potential for environmental monitoring (Abbas, 2025; (Chulalongkorn) et al., 2021). In conclusion, this study champions a unified legal framework that integrates international space law with biodiversity management regimes. It recommends harmonizing space law instruments with pivotal environmental accords, including the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Sustainable Development Goals—particularly Target 15 on Life on Land. By reframing space technologies as a communal instrument of ecological stewardship, the paper advances the discourse on the sustainable and accountable exploitation of outer space to protect terrestrial biodiversity. This proposed framework aims to address algorithmic biases, disparate data access, and the integration of community-driven monitoring, which are crucial for effective environmental governance and achieving global sustainability goals (Zhidebayeva et al., 2025). Furthermore, this necessitates a critical examination of how artificial intelligence techniques, increasingly integrated with satellite data for environmental protection, can be ethically and legally governed to prevent misuse and ensure data privacy (Al-Hammouri et al., 2024; Layode et al., 2024)

WATER RIGHTS, SCARCITY AND TRANSBOUNDARY LAWS AND REGULATIONS

2026-02-12T08:05:06+00:00

India, which accounts for 18% of the global population but possesses only 4% of the world’s freshwater resources, faces increasing water stress in 2025. “Per capita water availability has dipped below 1,500 cubic meters, and 163 million individuals lack access to safe drinking water, exacerbating health risks, food insecurity, and social unrest.” This paper explores how water
rights have evolved from ancient communal views to constitutional guarantees under Article 21, yet enforcement lags amid market-driven policies and pollution.
It examines transboundary tensions over rivers like the Indus and Ganges, where bilateral treaties promote equity but falter against climate change, dams, and disputes—such as India's 2025 Indus suspension amid Pakistan's threats. Drawing on literature, history, and current dynamics, the study highlights gaps in fragmented governance and unequal access, disproportionately hitting women, farmers, and marginalized groups. Recommendations urge a human rights-based approach: ratify global conventions, form river basin authorities, ensure free basic access, and foster regional cooperation. Recognizing water as a shared heritage may help bridge disparities, enhance resilience, and support equitable access for future
generations.

The Unregulated Frontier: A Legal Analysis of the Environmental Impacts of Artisanal and Small-Scale Mining (Asm) In Eastern Cameroon and the Inadequacy of the 2023 Mining Code

2026-05-01T17:04:07+00:00

The dense forests and mineral-rich river systems of Eastern Cameroon are experiencing an environmental crisis driven by the largely unregulated expansion of Artisanal and Small-Scale Mining (ASM). While ASM provides a critical livelihood for hundreds of thousands, its operational practices characterized by mercury amalgamation, deforestation, and river siltation pose a severe threat to ecosystems and human health. This paper argues that Cameroon's 2023 Mining Code, despite its intent to modernize the sector, remains inadequate in addressing the root causes of environmental degradation. Through an analysis of the Code's provisions on formalization, environmental management, and enforcement, this paper concludes that the legal framework fails to provide a coherent, practical, and sufficiently robust mechanism to mitigate the environmental externalities of ASM, thereby perpetuating a state of ecological and social vulnerability.

Environmental Law Finding a balance between growth and sustainability

2026-04-07T18:25:39+00:00

Environmental legislation is very important for finding a balance between protecting the environment and promoting economic growth. As countries work to grow their economies and build more infrastructure, the environmental problems that come with it, such pollution, resource depletion, and climate change, make it harder to develop in a way that is good for the long term. This article looks at the concepts, frameworks, and success of environmental law in finding a balance between protecting the environment and reaching development goals.
It looks at important legal tools, such as regulatory legislation, international agreements, and judicial interventions, that try to stop environmental damage while still letting the economy grow. The paper also talks about the idea of sustainable development as a guiding principle. It stresses the necessity to include environmental concerns in policy-making and governance.
The essay also looks at the problems that come up when trying to enforce and carry out environmental legislation, such as inadequate institutions, a lack of public knowledge, and conflicts between economic and environmental goals. It stresses the need to improve legal systems, hold people accountable, and get people involved in their communities through
critical examination.
The paper contends that robust environmental legislation is crucial for safeguarding natural ecosystems, as well as for securing enduring economic stability and social welfare. A balanced approach, backed by strong legal systems and working together in government, is the key to long-term progress in today's world.

Judicial Interpretation of Section 89 of the Code of Civil Procedure: Success or Failure?

2026-03-15T19:10:38+00:00

The introduction of Section 89 of the Code of Civil Procedure, 1908 (CPC) under the Amendment Act of 1999, and its implementation in 2002, was among the most ambitious legislative interventions in Indian civil procedure law to institutionalize the ADR mechanisms within the judicial framework. An attempt to ease congestion in an overburdened court system and provide litigants with quicker access to remedy, the provision mandates referral for mediation, arbitration, conciliation, or Lok Adalat where there exists a possibility of settlement. But more than two decades on, the provision continues to be one of the most controversial, judicially rewritten and operationally inconsistent sections in the Code. The paper critically discusses the legislative purpose of Section 89, its judicial reading as determined in leading jurisprudence, the challenge in practice, and how and whether the provision has achieved the purposes it was established to accomplish. As seen through the analysis of the case law, committee reports, and empirical trends of ADR referrals in practice, this article contends that, as currently perceived and implemented, Section 89 embodies only a partial institutional success, its judicial interpretation has been insufficient, and the
provision is a critical procedural failure — which should be rectified urgently (that is, it calls for immediate legislative action and not ad hoc judicial manoeuvre).

Environmental Law: Balancing growth and sustainability

2026-05-03T14:46:31+00:00

Environmental policy is crucial for balancing environmental protection and economic prosperity. Pollution, resource depletion, and climate change make it harder for countries to develop sustainably as they grow their economies and build infrastructure. This article examines the concepts, frameworks, and success of environmental law in balancing environmental protection and development goals. It examines regulatory legislation, international agreements, and judicial interventions that limit environmental damage while allowing the economy to grow. The report also emphasises sustainable development. The essay emphasises the need to include environmental concerns in policy-making and governance and addresses issues like inadequate institutions, a lack of public knowledge, and economic-environmental conflicts when enforcing environmental laws. It stresses the need to improve legal systems, hold people accountable, and get people involved in their communities through critical examination. Strong environmental legislation is essential for protecting natural ecosystems, economic stability, and social welfare. This world's long-term progress requires a balanced approach, strong legal systems, and government cooperation.