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July '08
Articles

Biotechnology and Aquaculture Industry in India: A Sustainable Approach -- Vaibhav Goel, Akshay Garg and Akansha Garg

In this era of globalization, where we are breathing the quintessence of free trade, the contribution of aquaculture as an industry is significant. Biotechnology, globally recognized as a rapidly emerging and far reaching technology, is aptly described as the `technology of hope' for its contribution to food, health and environmental sustainability. This paper explores those aspects of environmental law which are related to the application of biotechnology, its regulation and its sustainable use in aquaculture industry for the country's development and progress. Aquaculture is the farming of aquatic organism in fresh, brackish or salt water to produce various aquatic organisms through scientific methods. The tremendous rise in the global trade of aquatic organism has resulted in indiscriminate practices of aquaculture, which has led to degradation of marine ecology and has caused irreparable damage to the environment. This paper also aims at identifying the challenges posed by the modern practices of aquaculture as compared to the traditional practices and finding out ways and means through the regulated use of biotechnology to address these challenges, and to develop a sustainable approach towards aquaculture. Furthermore, it concentrates on the risk assessment and risk management related to the use of biotechnology in aquaculture and also analyzes the capacity and implementation challenges in respect of developing countries. This paper addresses many of the issues that have arisen from the the use of modern biotechnology in the aquaculture industry. The discussion becomes more important in the absence of adequate legal regulation in respect of aquaculture or biotechnology. The paper concludes by submitting recommendations and suggestions about the sustainable use of aquaculture through the use of biotechnology to protect the environment.

© 2008 The Icfai University Press. All Rights Reserved.

Article Price : Rs.50

Rethinking Decision Making in International Environmental Law: A Process-Oriented Inquiry into Sustainable Development -- Rebecca Bratspies

Drawing on insights from social and behavioral sciences, the New Haven School of legal analysis, championed by Harold Lasswell and Myres McDougal, proposed a worldwide jurisprudence of human dignity. Their process-oriented jurisprudence attempted to flesh out the core values of human dignity and the processes necessary to translate those values into universal theories of authoritative decision making. Of particular interest is the role they proposed for science in legal analysis. This paper explores the relationship between New Haven School ideas of authoritative decision making and the environmental challenges posed by sustainable development. Exploring the tensions between the malleability of sustainable development as an international principle and the precision of the multilateral environmental agreements that shape international environmental law, this paper identifies how the very idea of authoritative decision is being reshaped in the context of globalization. This paper suggests that some portions of the New Haven approach might help making sense of the new multiplicity of decision makers in the globalized arena, and also help international environmental law confront the duties owed to future generations. Using the international debate over cost-benefit versus precautionary approaches to regulation, this paper tests both the strengths and weaknesses of New Haven thinking about science, and draws the conclusion that the lessons offered for environmental problem-solving are cautionary as well as salutary. Ultimately, this paper concludes that although the specific scientific matrices and analysis proposed by New Haven writings are a product of their times, many of the School's basic insights about the need for contextual, problem-oriented and multi-disciplinary analysis still ring true.

© 2007 Yale Journal of International Law. This paper was earlier published in the Yale Journal of International Law, Vol. 32, No. 369. Reprinted with Permission.

Solidarity and Subsidiarity in a Changing Climate: Green Building as Legal and Moral Obligation -- Jamison Colburn

This essay grew out of a symposium on Catholic social thought. It makes the case for solidarity and subsidiarity as principles of applied (secular) ethics by injecting them into what must be their most challenging context: catastrophic global climate disruption. It argues that the principles of solidarity and subsidiarity hold tremendous potential within our liberal constitutional tradition by exploring the developing trend toward "green building" in the US. Part 1 describes what we know about greenhouse gases and climate disruption while Part 2 frames the principles of solidarity and subsidiarity. Part 3 explores the phenomenal growth of green building in the US and the moves by many cities and towns to encourage and, in some cases, require green building within their borders. Part 4 situates this context within our land use planning traditions and the coming battle for building standards in our changing climate. Finally, Part 5 compares building green as a moral and as a legal obligation in a world of uncertain possibilities and unintended consequences. The overall argument is that fighting for legally binding obligations at the fullest scale, necessary to address problems like climate disruption, before first taking more local, cooperative actions possible today probably entails prohibitive opportunity costs.

© 2008 Jamison Colburn. This paper is forthcoming in the University of St. Thomas Law Journal. Reprinted with Permission.

BOOK REVIEW

Environment and Air Pollution: Policies and Perspectives -- Editor: A Usha Reviewed by L Lakshmi

The book enumerates the sources of air pollution and identifies its diverse effects on climate change, which is a global concern. Hence, the need of the hour is to protect the environment either by framing effective regulations or punitive legislations or conventions. The book makes a sincere attempt to create awareness in this regard.

© 2008 The Icfai University Press. All Rights Reserved.

Article Price : Rs.50

Global Executive Summaries
  • The Death of Strict Liability
    Full Text: http://www.law.case.edu/ssrn

 

 
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