National Journal of Environmental Law

The Carbon Border and the Colonial Shadow: Assessing the Legality and Equity of Climate Tariffs on Developing Nations

2025-07-18T11:59:40+00:00

The escalating climate crisis demands urgent global mitigation action. Carbon Border Adjustment Mechanisms (CBAMs) and analogous climate tariffs, primarily proposed or implemented by developed economies, aim to prevent carbon leakage and incentivize decarbonization. However, their imposition on exports from developing nations raises profound legal and ethical questions. This paper argues that while ostensibly grounded in environmental goals, such unilateral measures, when applied without adequate differentiation and support, risk constituting a modern form of "climate colonialism." It critically examines the tension between the polluter-pays principle and the principle of Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC) enshrined in the UNFCCC, juxtaposed against the non-discrimination rules of the WTO. Through analysis of legal frameworks, equity considerations, historical parallels, and case studies, the paper concludes that current climate tariff designs often fail the tests of legality under international environmental law and equity under climate justice principles. It advocates for fundamentally redesigned mechanisms incorporating differentiated treatment, financial and technological support, and multilateral cooperation to avoid perpetuating inequitable burdens and instead foster truly global, just climate action.

Cull of the Wild: A Critique of the Wildlife Protection Act, 1972

2025-08-25T07:01:58+00:00

The Indian Sub-continent boasts a variety of exotic wild animal species ranging from the Wild Indian Elephant to the rare Indian Bengal Tiger, and the Indian government has made multitudes of provisions for their safety and established various national parks and sanctuaries for their protection, these exotic wild animals still face threat to their lives from poachers and hunters all across India. While these criminal acts remain a constant threat to the wildlife of India, it is not the sole reason why the Indian
Wildlife is hunted and culled brutally and perhaps more importantly, legally, with the authority of the Indian Government. The present article presents a critique of section 62 of the Wildlife Protection Act, 1972, aiming to highlight the abstract and arbitrary definition of vermin in the act, to identify the reasons for allowing such culling as well as emphasising on the reasons for the increased humananimal conflict between that species. It also aims to highlighting the lack of procedure for allowing the
selective slaughter of animals and provides a comparative to laws and practices of the European Union on the same. The article also presents an account of unconstitutionality of the law itself, ranging from individual to state centric approaches and finally suggest better alternatives and amendments to the legislation, for reducing the human-animal conflict in the society.

Corporate and State Liability for Environmental Destruction—Can Ecocide be Treated as an International Crime

2025-08-13T11:46:08+00:00

As the topic of environmental degradation is gaining momentum, the International Criminal Court (ICC) is under the rise of pressure to integrate it into the legal framework by being against the severe ecological crimes. The recent effort to criminalize ecocide and make it a new crime stipulated in the Rome Statute shows a strong normative change. In order to fit this emerging concern there is a pressing need to review the relevance of application of other international law branches, including environmental law, human rights law, and humanitarian law to ICC proceedings. Despite the fact that Article 21 of the Rome Statute has permitted the external legal sources to be taken into account, their interpretation has remained, up to date, uneven and implemented sporadically. To this end, this paper proposes one additional interpretive model, namely, a framework integration, that can more flexibly and contextually, incorporate related legal norms. The paper considers the major objections that would include the issue of ICC being beyond its statutory powers and the threat of proliferation of legal norms. However, the suggested strategy represents a promising avenue, both in terms of handling the current environmental crimes, as well as in the context of setting the stage of acknowledging ecocide as an international crime in the future.

Combating Climate Change to Promote the Right to Health in Cameroon: A Legal Appraisal of Practical Measures and Conundrums Faced

2025-06-30T05:40:35+00:00

Climate change has in the 21st Century been regarded not only as an environmental concern but also as a public health emergency. In contemporary times, almost all members of the international community including Cameroon have been grappling with the scourge of climate change. Even with Cameroon's efforts to counteract climate change, the consequences of the phenomenon are still evident, with the right to health suffering greatly. Findings of this paper reveal that despite the level of success recorded by the State of Cameroon in the fight against climate change, several challenges have over the years been faced. These challenges have in various ways hampered on the effective fight against climate change to promoting the right to health in Cameroon. Findings of this paper further reveal the fundamental role played by State courts in the pursuit of environmental protection, specifically the fight against climate change in Cameroon in a bid to protect and promote the right to health. In view of the challenges faced in the fight against climate change, the paper makes several recommendations including: the education and sensitisation of the Cameroonian populace; the harmonisation of environmental legislation and the promotion of cooperation amongst environment actors in Cameroon.

Assessing Enforcement Challenges and Environmental Governance in Bangladesh’s Brick Kilns Control Act 2013: A Legal Analysis of Regulatory Framework

2025-08-25T07:24:10+00:00

In order to prevent environmental damage, protect public health, and encourage the use of environmentally friendly technology, Bangladesh has been passed the Brick Kilns Control Act, 2013 to govern the construction and operation of brick kilns. The concerning levels of air pollution, deforestation, and soil fertility loss brought on by conventional brick making procedures gave rise to this legislative framework. Administrative inefficiencies, corruption, ignorance, and opposition by powerful kiln owners have made it difficult to effectively execute the Act in practice, notwithstanding the intended aim. The main elements of the Act, the difficulties in putting it into practice, and how well it complies with Bangladesh's international commitments and environmental protection objectives are all critically assessed in this article. It also looks at governmental moves and court rulings that have
either strengthened or weakened the Act's goals. The study provides specific legislative and regulatory suggestions for enhancing environmental governance in the brick business, such as encouraging the use of green technologies and switching to alternative building materials.

A Jurisprudence of Place: The Potential of Indigenous Legal Traditions to Transform Environmental Law

2025-08-21T06:45:59+00:00

Modern environmental law, predominantly shaped by Western legal traditions, often operates on universalistic, abstract, and anthropocentric principles, proving increasingly inadequate in addressing complex ecological crises. This article argues for a transformative paradigm shift towards a "jurisprudence of place," a concept deeply embedded in indigenous legal traditions where law is intrinsically linked to the specific land, its history, and its intricate ecological relationships. Drawing extensively on the Indian context, the paper explores how indigenous jurisprudence offers a more holistic, relational, and effective model for environmental governance by prioritizing duties over abstract rights, recognizing profound ecological interconnectedness, and fostering a deep, inherent sense of stewardship. It critically examines the historical and ongoing disconnect between state
environmental law and tribal legal systems in India, highlighting the limitations of current legal frameworks. The article concludes by asserting that a genuine, substantive integration of indigenous legal concepts and governance mechanisms into state environmental law is not merely a matter of social justice and human rights, but a critical and urgent imperative for achieving sustainable ecological outcomes and fostering true environmental reconciliation.