Striving Towards ‘The Good Life’: What Environmental Litigation in India Can Tell Us About Climate Litigation in the Global South

Abstract The Supreme Court of India's judgment in Vedanta Ltd v. State of Tamil Nadu and Others , affirming the closure of Vedanta's copper smelting plant in Tuticorin in southern India, concludes a long and contentious chain of litigation. The plant's troubled history and the ensuing litigation reflect contestations between economic development, environmental and social devastation, human well-being, and corporate responsibility, which are often characteristic of environmental litigation in the global south. This article analyzes the significance of the Indian Supreme Court's reliance on established constitutional rights principles as well as settled environmental jurisprudence, and highlights the relevance of this judicial pronouncement for climate litigation in the global south.

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Publication Details

Journal
Transnational Environmental Law
Published
2024-11-01
DOI
https://doi.org/10.1017/s2047102524000360
Primary Topic
Environmental law and policy
Type
article
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article

Striving Towards ‘The Good Life’: What Environmental Litigation in India Can Tell Us About Climate Litigation in the Global South

Parul Kumar
Transnational Environmental Law
Environmental law and policy
article

Striving Towards ‘The Good Life’: What Environmental Litigation in India Can Tell Us About Climate Litigation in the Global South

Parul Kumar
article en

Abstract

Abstract The Supreme Court of India's judgment in Vedanta Ltd v. State of Tamil Nadu and Others , affirming the closure of Vedanta's copper smelting plant in Tuticorin in southern India, concludes a long and contentious chain of litigation. The plant's troubled history and the ensuing litigation reflect contestations between economic development, environmental and social devastation, human well-being, and corporate responsibility, which are often characteristic of environmental litigation in the global south. This article analyzes the significance of the Indian Supreme Court's reliance on established constitutional rights principles as well as settled environmental jurisprudence, and highlights the relevance of this judicial pronouncement for climate litigation in the global south.

Transnational Environmental LawVol. 13(3)
Institute of Criminology (SI), Institut National de Criminalistique et de Criminologie (BE)
Openalex Percentile: Top 55%
Environmental law and policy
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