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© Editors and Contributors Severally 2019
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system
or transmitted in any form or by any means, electronic, mechanical or photocopying, recording,
or otherwise without the prior permission of the publisher.
Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL502JA
UK
Edward Elgar Publishing, Inc.
William Pratt House
9 Dewey Court
Northampton
Massachusetts 01060
USA
A catalogue record for this book
is available from the British Library
Library of Congress Control Number: 2019951102
This book is available electronically in the
Law subject collection
DOI 10.4337/9781784717469
ISBN9781784717452(cased)
ISBN9781784717469(eBook)
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Contents
List of contributors viii
Introduction to the Research Handbook on Law, Environment and the Global
South xvi
Philippe Cullet and Sujith Koonan
PART I QUESTIONING THE CONCEPTS OF DEVELOPMENTAND
SUSTAINABILITY
1 Intergenerational justice, water rights, and climate change 2
Upendra Baxi
2 Justice, development and sustainability in theAnthropocene 14
Sam Adelman
3 Neoliberalism, law and nature 32
Larry Lohmann
4 Radical well-being alternatives to development 64
Ashish Kothari
PART II ENVIRONMENTAL RIGHTS, ENVIRONMENTAL JUSTICE
ANDACCESS TO REMEDIES
5 Environmental rights in the Global South 86
Louis J. Kotzé and Evadne Grant
6 North-South transboundary movement of hazardous wastes – the Basel Ban
and environmental justice 109
Julia Dehm and Adil Hasan Khan
7 The Bhopal case: retrospect and prospect 138
Usha Ramanathan
PART III LAND USE,ACQUISITIONAND DISPOSSESSION
8 Land rights, poverty, and livelihoods: the case of Ethiopia 147
Brightman Gebremichael
9 Wildlife conservation and land rights in Kenya: competing or
complementary agendas? 169
Patricia Kameri-Mbote
10 Land-grabs and dispossession in India: laws of value 190
Preeti Sampat
v
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vi Research handbook on law, environment and the global South
PART IV FORESTS:A CONTESTED RESOURCE OR COMMODITY
11 Environmental impact assessment in the context of mangrove forest
ecosystem management in Bangladesh: a case study of Rampal coal
power plant project 207
Jona Razzaque
12 Forests, people and poverty: failing to reform the global development
paradigm 231
Feja Lesniewska
13 Access to and control over forest resources – the case of the Forest
RightsAct, 2006 in India 249
Shankar Gopalakrishnan
PARTV INDIGENOUS PEOPLES: RESOURCE USE, CONSERVATION,
LIVELIHOODSAND RIGHTS
14 Forest rights and tribals in mineral rich areas of India: theVedanta case
and beyond 272
Geetanjoy Sahu
15 Conservation and livelihoods: conflicts or convergence? 286
CR Bijoy
PARTVI ENERGYAND THE ENVIRONMENT
16 International energy policy for development: human rights and sustainable
development law imperatives 305
Thoko Kaime
17 Nuclear energy and liability: an environmental perspective 322
Saurabh Bhattacharjee
PARTVII WATER: PRIVATISATION, DEVELOPMENTAND HUMAN
RIGHTS
18 Realisation of the right to water: lessons from SouthAfrica 348
Michael Kidd
19 Dams and displacement: the case of the Sardar Sarovar Project, India 371
Varsha Bhagat-Ganguly
20 Wastewater reuse in irrigated agriculture in urban and peri-urban India:
a farmers’rights perspective 396
Lovleen Bhullar
PARTVIII COMMERCIALAND INDUSTRIAL USE OF RESOURCES
AND EQUITY
21 Mining, development and environment in India 413
Felix Padel and Malvika Gupta
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Contents vii
22 Environment impact assessment in India: contestations over regulating
development 435
Manju Menon and Kanchi Kohli
23 The informal waste sector: ‘surplus’labour, detritus, and the right to the
post-colonial city 452
Kaveri Gill
Index 477
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Contributors
Dr Sam Adelman teaches law at the University of Warwick and is a Research
AssociateatNelsonMandelaUniversityinSouthAfrica.Hismainareasofresearchare
climate change, international environmental law, development and human rights. He
has degrees fromWarwick, the University of theWitwatersrand in SouthAfrica – from
where he was exiled after being banned and detained by the apartheid regime – and
Harvard University. His recent articles include geoengineering, climate justice, human
rights and climate change, and epistemologies of mastery. He is currently co-authoring
a book on climate justice with Upendra Baxi.
Prof. Upendra Baxi is Emeritus Professor of Law at the University of Warwick and
Delhi. He served as a professor of law at the University of Delhi (1973–96) and as its
Vice Chancellor (1990–94.) He also served as Vice Chancellor of the University of
South Gujarat, Surat (1982–85) and Honorary Director (Research) of the Indian Law
Institute (1985–88.) He was the President of the Indian Society of International Law
(1992–95). Professor Baxi graduated from Rajkot (Gujarat University), read law at the
University of Bombay, and holds LLM degrees from the University of Bombay and the
University of California at Berkeley, which also awarded him with a Doctorate in
Juristic Sciences. Professor Baxi has taught various courses in law and science,
comparative constitutionalism and social theory of human rights at the University of
Sydney, Duke University, the American University, the New York University Law
School Global Law Program, and the University of Toronto. Professor Baxi’s areas of
teaching and research include comparative constitutionalism, social theory of human
rights, human rights responsibilities in corporate governance and business conduct,
materiality of globalization, and Cold War and international law studies.
DrVarsha Bhagat-Ganguly is a former professor at Nirma University and the Centre
for Rural Studies, Lal Bahadur Shastri National Academy of Administration (LBS-
NAA), Mussoorie. She actively engages in conducting research and research-based
activities–publications,teaching,public-policyframingandcritique,awarenessraising
strategies and material on social and developmental issues. Her recent and upcoming
publications include: Land Rights in India: Policies, Movements and Challenges (Rout-
ledge 2016, 2018); Journey towards Land Titling in India (LBSNAA 2017); India’s
Scheduled Areas: Untangling Governance, Law and Politics (e-book, Routledge,
2019) and Land Question in Neoliberal India: Socio-legal and Judicial Interpret-
ations (forthcoming). Her research interests include discourses on rights perspectives,
especially on land, processes of marginalization, people’s knowledge and collective
action for desired social change, and Gujarat. She has contributed to nationally and
internationally refereed academic journals, and has edited three journals: Studies in
Humanities and Social Sciences (2008, 2011), Journal of Land and Rural Stud-
ies (2015, 2016) and Nirma University Law Journal (2017).
viii
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Contributors ix
Mr Saurabh Bhattacharjee is Assistant Professor at the West Bengal National
University of Juridical Sciences (NUJS), Kolkata. Saurabh researches and teaches
courses on Labour Law, Law and Impoverishment, Socio-Economic Rights, Nuclear
Law and Sports Law.
Dr Lovleen Bhullar is Research Fellow in Regulation andAntimicrobial Resistance at
theSchoolofLaw,UniversityofEdinburgh.SheholdsanundergraduatedegreeinLaw
from the National Law School of India University, Bangalore, LLM in Environmental
Law from SOAS University of London, and MSc in Environmental Policy and
Regulation from the London School of Economics and Political Science. Her doctoral
research at SOAS University of London examined the potential and limits of environ-
mental rights litigation as a solution to the problem of water pollution in India. She is
theco-editorofWaterGovernance:AnEvaluationofAlternativeArchitectures(Edward
Elgar Publishing 2013), Sanitation Law and Policy in India: An Introduction to Basic
Instruments (Oxford University Press, 2015), and Right to Sanitation in India: Critical
Perspectives (Oxford University Press, 2019).
Mr CR Bijoy works on forest rights with the Campaign for Survival and Dignity
(www.forestrightsact.com), a national coalition of forest dwellers organizations that
emerged in 2002, and researches natural resource and governance politics.
Prof. Philippe Cullet is Professor of International and Environmental Law at SOAS
University of London and Senior Visiting Fellow at the Centre for Policy Research,
New Delhi. His work focuses on law and the environment, natural resources law,
socio-economic rights, environmental justice, with a specific focus on water and
sanitationinIndia.HereceivedhisdoctoraldegreeinLawfromStanfordUniversity,an
MA in Development Studies from SOAS University of London, an LLM in Inter-
national Law from King’s College London and a law degree from the University of
Geneva.Heengagesregularlywithpolicymakersatthenationalandinternationallevels
and was a member of the Government of India’s Committee drafting the Draft National
Water Framework Bill, 2016 and the Model Groundwater (Sustainable Management)
Act, 2017. His latest books are Right to Sanitation in India: Critical Perspectives
(co-edited with S. Koonan and L. Bhullar, OUP 2019) and Groundwater and Climate
Change: Multi-Level Law and Policy Perspectives (co-edited with RM Stephan,
Routledge 2019).
Dr Julia Dehm is Lecturer at the School of Law, La Trobe University,Australia. Prior
to starting at La Trobe Julia was a postdoctoral fellow at the Rapoport Center for
Human Rights and Justice at the University of Texas atAustin and a resident fellow at
the Institute for Global Law and Policy at Harvard Law School. Her research addresses
international climate change law and regulation, transnational carbon markets and the
governance of natural resources as well as the intersections between human rights and
environmental issues as well as human rights and economic inequality. Her work has
appeared in the Leiden Journal of International Law, the European Journal of
International Law, the Windsor Yearbook of Access to Justice, the Journal of Human
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x Research handbook on law, environment and the global South
Rights and the Environment, the London Review of International Law and the Mac-
quarie Journal of International and Comparative Environmental Law as well as in
climate justice-themed special editions of the Journal of Australian Political
Economy and Local-Global Journal. She is the Co-Editor-in-Chief of the Journal of
HumanRightsandtheEnvironmentandamemberoftheGlobalNetworkfortheStudy
ofHumanRightsandtheEnvironment.SheholdsaBA,LLB(Hons)andPhDfromthe
University of Melbourne.
Dr Brightman Gebremichael studied Law (LLB, and LLM in Environmental and
Natural Resource Law) at Bahir Dar University, Ethiopia and obtained his LLD at the
University of Pretoria, South Africa. He is a former lecturer in Law and dean of the
School of Law at Wollo University, Ethiopia. Currently, he is Assistant Professor of
LawattheInstituteofLandAdministration,BahirDarUniversity,Ethiopia.Hisareaof
research interest is land rights, property law and environmental law.
Dr Kaveri Gill is an Associate Professor, Department of International Relations and
Governance Studies, Shiv Nadar University. With a heterodox economics training, she
completed a BATripos, MPhil, PhD and a Postdoctoral Fellowship at the University of
Cambridge. Kaveri has more than fifteen years work experience with a range of
institutions, including academia, government, multilateral and bilateral donors, inter-
national organisations, and development consultancies. She has worked with the
Planning Commission of India; UNICEF; the International Development Research
Centre (IDRC) and Oxford Policy Management (OPM) in Delhi. Kaveri has published
widely, including a best-selling monograph with Oxford University Press, Of Poverty
and Plastic: Scavenging and Scrap Trading Entrepreneurs in India’s Urban Informal
Economy (2010). Her research interests include the political economy of development,
poverty, informality and the environment, especially in cities of the global South and
social policy for development, with a focus on healthcare, in India.
Mr Shankar Gopalakrishnan is a researcher, writer and organiser. He is affiliated
with ChetnaAndolan, a state level social movement in Uttarakhand, and the Campaign
for Survival and Dignity, a national platform of forest dwellers’organizations. He has
previously written on natural resource policy, political economy, law, hate politics,
workers’rights,politicalmovementsandotherissues.Hehasalsopublishedfourbooks
on these topics, most recently Understanding the RSS and the Sangh Parivar, from
Aakar Books (2017).
Ms Evadne Grant is Associate Head of Department of Law (PG Programmes) at the
University of the West of England, Bristol. Her areas of research include human rights
and the environment and, more generally, social and economic rights. She also has a
particular interest in human dignity and the relationship between dignity and social and
economic rights. Her publications include Thought, Law, Rights and Action in the Age
of Environmental Crisis (edited withAnna Grear, Edward Elgar Publishing 2015). She
is co-editor of the Journal of Human Rights and the Environment and series co-editor
of the Critical Reflections on Human Rights and the Environment series (Edward
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Contributors xi
Elgar Publishing). She also serves on the Global Network for Human Rights and the
Environment Core Team.
MsMalvikaGuptaispresentlyadoctoralcandidateattheDepartmentofInternational
Development, Oxford University, for which she is doing fieldwork and research on
indigenous politics in Ecuador and India. She did her BA in Philosophy at Delhi
University, switching to SocialWork for her MA. She then moved to Jawaharlal Nehru
University for an MPhil in Sociology, but left this and worked for several years with
UN agencies, social movements and NGOs on issues of indigenous education,
indigenous rights and extractivism in central India. She then did her MPhil in
Education Studies at Delhi University, writing her thesis on India’s tribal education
policy. She has published several articles on tribal issues in India, with many focused
on repression of indigenous knowledge systems.
Dr Thoko Kaime is Senior Lecturer in Law in the School of Law at the University of
Essex and Deputy Dean for Postgraduate Research Education for the University.Thoko
is a public international lawyer and maintains research and teaching interests in human
rights and international environmental law. His work is an ongoing socio-legal critique
of international legal arrangements which he expresses through a consideration of a
number of critical issues in children’s rights and sustainability governance. He has
written extensively on these subjects, focusing on the intersection between law,
legitimacy and public participation in international rule-making and policy implemen-
tation. His publications include Cultural Legitimacy and the International Law and
Policy on Climate Change (Routledge 2013) and The Convention on the Rights of the
Child: A Cultural Legitimacy Critique (Europa Law Publishing 2011). Prior to joining
Essex,ThokoservedaslecturerinInternationalEnvironmentalLawattheUniversityof
Leicester; deputy director of the Environmental Regulatory Research Group at the
University of Surrey and as a corporate consultant for risk management firm Exclusive
Analysis Limited, where he was Head of Africa Division.
Prof. Patricia Kameri-Mbote is Professor of Law and former dean at the School of
Law, University of Nairobi. She is also Senior Counsel in the Kenyan bar. She has
served as chair of the Department of Private Law at the School of Law, University of
Nairobi.ShehasalsoservedasthedirectorofResearchandPolicyOutreachandacting
executive director at the African Centre for Technology Studies, Nairobi. She was a
member of the Committee of Eminent Persons appointed by His Excellency the
President of Kenya in February 2006 to advise the government on the way forward for
the stalled constitution review process. She has also been identified as a renowned
thinker in the global environment and sustainable development field by the World
Conservation Union (IUCN); as a renowned and innovative thinker and researcher by
the International Development Research Centre (IDRC) on land rights and served as a
Policy scholar at the Woodrow Wilson International Center for Scholars. Prof.
Kameri-Mbote earned her doctorate from Stanford University in 1999 specializing in
property rights and environmental law. She had earlier studied law in Nairobi,Warwick
and Zimbabwe. She currently teachesWomen,Access to Resources and the Law at the
Southern and Eastern Africa Research Centre on Women’s Law (SEARCWL) and
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xii Research handbook on law, environment and the global South
Property Law at the School of Law, University of Nairobi. Her research interests
include environmental law and policy, land law, human rights, women’s rights,
intellectual property, biotechnology and judicial and legal education institutional
reforms. She has published widely in these areas.
Dr Adil Hasan Khan is currently a McKenzie Fellow at the Melbourne Law School,
where his research seeks to explore the intersections between international law and
disasters, with a focus on South Asia. He completed his PhD in International Studies,
with a specialization in international law and a minor in anthropology and sociology of
development, at the Graduate Institute of International and Development Studies in
Geneva. His doctoral dissertation, titled ‘Inheriting Persona: Narrating the Conduct of
Third World International Lawyers’, narrates the conduct of two generations of Third
World international lawyers in their struggles to reimagine, refound, and alternatively
authorize international law, and identifies the defining struggle of the Third World in
international law as being over temporal transmissions or inheritance. He was a
residential institute fellow at the Institute for Global Law and Policy, Harvard Law
School in 2016–17 and a junior visiting fellow at the Institute for Human Sciences
(IWM), Vienna in 2015–16.
Prof. Michael Kidd is Professor of Law at the University of KwaZulu-Natal in
Pietermaritzburg, SouthAfrica. His research interests include environmental law, water
law and administrative law and he has published extensively in these fields. He holds a
Bachelor of Commerce (BCom) degree, a Bachelor of Laws (LLB) degree, a Master of
Laws (LLM) and a PhD from the University of Natal. He is the author of a leading text
Environmental Law (2nd edn, Juta 2011) and has written numerous academic articles.
He is the Chair of one of SouthAfrica’s largest environmental NGOs, theWildlife and
Environment Society of South Africa.
Ms Kanchi Kohli is a researcher working on environment, forest and biodiversity
governance in India. Her work explores the links between law, industrialization and
environment justice. She seeks to draw empirical evidence from sites of conflict and
locates it within the legal and policy processes. Other than her independent work,
Kanchi is presently a Senior Researcher at the Centre for Policy Research. She has
individually and in teams authored various publications, including the book Business
Interests and the Environmental Crisis (SAGE-India 2016). Her writings also include
several research papers and popular articles. Kanchi regularly teaches at universities
and law schools in India on subjects related to biodiversity, environment and com-
munity development.
Dr Sujith Koonan is Assistant Professor at the Campus Law Centre, Faculty of Law,
UniversityofDelhi.HecompletedhisPhDfromSOASUniversityofLondonwherehe
was a recipient of the SOAS Doctoral Research Scholarship (2013–16). He holds an
MPhil in International Law from Jawaharlal Nehru University, New Delhi and LLM in
Environmental Law and Human Rights from Cochin University of Science and
Technology, Kochi. He is a member of the Editorial Board of the Law, Environment
and Development Journal (LEAD), a joint publication of SOAS University of London
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