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34 Fordham Env't L. Rev. 42 (2022-2023)
Climate Change and Legal Framework in India: A Legal Assessment with Special Reference to Forest Sector

handle is hein.journals/frdmev34 and id is 50 raw text is: 






CLIMATE CHANGE AND        LEGAL   FRAMEWORK     IN  INDIA:  A   LEGAL
ASSESSMENT   WITH  SPECIAL REFERENCE  TO FOREST  SECTOR

                 Dr  Stellina Jolly*' Ashna Lamba**


                              ABSTRACT
The   Sixth Assessment   Report  of the Intergovernmental   Panel  on
Climate   Change (IPCC) has elucidated that the uninterrupted
emission  of greenhouse  gases  has resulted in climate change posing
the biggest existential threat to humanity. India, which stretches from
the Himalayas   to the fertile plains of Ganges  to the long west and
east  coast, is  experiencing an  array  of climate  change  impacts.
India's  vulnerability is  closely tied  to the  region's geography,
economy, and      population   patterns.  Considering   the   colossal
population,  vulnerability, and gross GHG emission, the success of
climate  action in India  will be a major  contributory factor  in the
global  response to climate change. India has played  a proactive and
prominent   role in elucidating the position of developing  nations in
climate  negotiation but has not enacted  climate-specific legislation.
As  a consequence,  the climate  responses have  been a continuum   of
policy  actions,  drawing on various provisions of the Indian
Constitution,  and   existing  environmental   legislative provisions
drawing   on the various  international environmental  instruments  to
which  India  is a signatory. Forest management is a sector closely
linked  with  climate  change  in terms  of  impacts  and  addressing
climate  change  in India.  The Nationally  Determined   Contribution
(NDC)   targets of India envisaged  under the Paris Agreement   reveal
the  weightage  attached  to forests in the climate change  response.
This paper  attempts  to capture the legislative framework governing

' * Dr. Stellina Jolly is an Associate Professor at the Faculty of Legal Studies,
South Asian University (SAARC) and Visiting Senior Research Associate,
Research Centre for Private International Law in Emerging Countries, University
of Johannesburg. She is a Fulbright scholar with the University of San Francisco
and a recipient of the International Visitors Leadership Program (IVLP). She
researches in international environmental law and conflict of laws, and can be
reached at stellinajolly@sau.ac.in.
2 ** Ashna Lamba is an Advocate registered with the Bar Council of Delhi. She is
an L.L.M. candidate at the Graduate Institute of International and Development
Studies, Geneva for the year 2021-2022, where she has opted to study international
law with a specialization in the field of international environmental law and
governance. She can be reached at ashna.lamba@graduateinstitute.ch.


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