Combating Climate Change: Emergence of New Legal Discipline

Abstract

‘Mother Earth’ is the only known habitable celestial body in the universe. Unique climate that exist on earth is solely responsible for its ability to sustain life. Therefore, any change in climatic conditions is detrimental to the very existence of life. Growing population,   worldwide, is directly proportion to consumption and production, a driving force of global economy, which hinge on use of natural resources. Indiscriminate use of natural resources owing to rapid industrialization, urbanization and economic development has led to environmental crises, e.g., depletion of ozone layer, degradation of land, global warming and environmental pollution. Climate change is associated with various adverse impacts on agriculture, water resources, forest and biodiversity, health, coastal management and increase in temperature. The immediate and most serious impact of climate change in India is declining agricultural productivity as majority of population depends on agriculture directly or indirectly. Thus, tackling climate change is one of the major challenges before the world community. The legislature and the executive are trying their best to mitigate the damage caused to the climate through relevant laws and policy measures. The Indian judiciary as well as the courts all over the world is also contributing immensely towards enriching environmental jurisprudence. Indeed, law and regulations are playing instrumental in addressing climate change, both at national and international level. This paper tries to critically analyze the various laws, regulations and judicial pronouncements for protecting the eco-system and their efficacy in tacking the environment degradation.