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Final Report - TA-6618 Reg Enabling a Conductive Environment for The Digital Economy - English Translation

A report summarizing the outcomes of e-learning modules developed to support the Enabling a Conducive Environment for the Digital Economy Technical Assistance program.

Introduction to ASEAN Regional Environmental Law

This chapter explores the legal, institutional and policy framework that underpins environmental management and sustainable development in Southeast Asia.

National Green Tribunal in India: Examining the Question of Jurisdiction

Can a tribunal deliver justice? By posing this rhetorical question we attempt to historically contextualize the introduction of the tribunal system of adjudication in India.

Sustainable Development as Environmental Justice: Exploring Judicial Discourse in India

The principle of sustainable development has evolved to occupy centrality in environmental jurisprudence in India. The Supreme Court has reiterated its importance in the country’s environmental legal regime. However, the jurisprudence has been criticized for framing it as a zero sum game where economic development has been repeatedly used as a justification to trump environmental violations, and therefore, rendering it as only declaratory and lacking in content and sufficient teeth to shape public action.

Environmental Risk Regulation and the Indian Supreme Court: an Exercise in De-formalization of the Law?

The Supreme Court specifically has framed the issue of environmental protection as a public good – and therefore in terms of rights and entitlements t clean air, healthy environmental, pollution free water, etc. However entitlements to these public goods cannot be absolute – since in certain circumstances they may have to be balanced with other public goods – like opportunities for employment generation and other related economic development goals.

“Have a Digital Highway but also Have Speed limits”: Exploring Public Resistance to Cell Tower Radiation in India

Public resistance to environmental and health safety risks from radiations emanating from cellphone towers has been sporadic but spatially and temporally widespread in India. Civic actions have been led by civic activists, resident welfare associations, gram panchayats, lawyers, scientists and even an actor from the Bombay film industry. Large scale technical systems like cell towers are remarkably resilient to public criticism. Industry response to such resistance is usually in the form of aesthetic tinkering to hide structures from public gaze, incremental regulation and science communication to assuage public doubt. The legislature, rather than Courts, has been more responsive to such civic actions.

Patent and Human Rights: Inventions and Environmental Issues

The relationship between human rights and contributions to knowledge has been at the center of important debates over the past several years. The International Covenant on Economic, Social and Cultural rights is in many ways the most crucial legal instrument through which the relationship between the two fields can be examined. Firstly, it recognizes, for instance, the rights to health, food and technology, which are some of the rights whose realization can be affected in developing countries that adopt or strengthen intellectual property rights framework based on the commitments they take under the TRIPS (Trade related aspects of Intellectual Property Rights) or other intellectual property. Secondly, it recognizes at Article 15(1) C, the need to reward individuals and groups that make specific intellectual contributions that benefit society.

Environmental Impact Assessment in the Mekong Region

The Environmental Impact Assessment (EIA) in the Mekong Region manual is the first time that anyone has sought to bring together in one volume an analysis of the EIA systems of each of the six Mekong countries, including the common themes and approaches.

Court Companion on Gender-Based Violence Cases

The Court Companion on Gender-Based Violence Cases navigates international law and Pakistan's domestic legal framework for an analysis of applicable legal norms to make justice more accessible to victims of gender-based violence.

Judicial Decision-Making Toolkit

They are designed to support change by promoting the local use, management, ownership and sustainability of judicial development in Pacific Island Countries across the regions. The toolkit promotes an issue-based approach, where judges identify the constituent issues in each case.