This book examines the nature of hazardous substances and the law governing them, including international conventions, relevant directives and Indian legislation from the pre-independence period to the present. It focuses on legislations passed in the area of hazardous substances, highlighting the background relevant to the continued growth of international environmental law across the globe. It reviews existing strategies available in developing countries and the lack of a systematic approach in administering hazardous substances management programs.
The author unfolds the dynamics of hazardous substances, the trade of such substances, transboundary movements and their restrictions through rigorous analyses and evaluation of cases. The book explores the question of liability in hazardous substance litigation, offers an understanding of several judicial decisions in the context, and suggests measures to control and manage the problem of hazardous substances.
Authoritative, lucid and comprehensive, this book will be useful to students, researchers and policymakers working on environment, law, international environmental law and development studies, as well as to legal professionals, judicial officers and NGOs.
Table of Contents
Foreword by Justice S. Abdul Nazeer
1. An Overview of the Nature, Kinds, Effects and Global Trade in Hazardous Substances
2. Global Management of Hazardous Substances in Foods, Pesticides, Pharmaceuticals and Wastes: The Emerging New International Legal Order
3. Regional Management of Hazardous Substances: The Case of EEC, OECD and OAU
4. Evolution of Legal Mechanisms for National Management of Hazardous Substances: The Indian Experience
5. An Overview of the Law Governing Hazardous Substances in the Post-Bhopal Era
6. The ‘Principle of Liability’ in Hazardous Substance Litigation: An Overview of the Prevailing Rules under Municipal and International Systems
T.R. Subramanya is Dean of the School of Legal Studies, CMR University, Bengaluru, India. He was previously Vice-Chancellor of Karnataka State Law University, Hubballi; Vice-Chancellor (in-charge) of Bangalore University; Dean and Chairman of the Faculty of Law, Bangalore University and Registrar (Evaluation) and Registrar (in-charge) of Administration at Bangalore University. He served as Coordinator and Research Fellow at the Centre for Regulatory Studies, Governance and Public Policy at the WB National University of Juridical Sciences, Kolkata. He was Legal Counsellor in the Ministry of Cabinet Affairs, Government of the Kingdom of Bahrain. An international law scholar, he has over three decades of teaching experience. He completed his LLM at Mysore University, and M.Phil. and Ph.D. in International Law from the School of International Studies, Jawaharlal Nehru University, New Delhi. He is the recipient of a Dr. Rajkumar State Award for his outstanding service in the field of education. He was nominated as an Honorary Member of Karnataka State Law Commission, and a member of several academic and statutory bodies. He is visiting faculty at various national law schools in India and private universities, including Symbiosis Law School. He has published two books and many journal articles. Apart from international law, he works on environmental law, trade law and jurisprudence and has interests in philosophy, literature and public affairs.