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ENVIRONMENTAL LAW

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THE SETTING, THE CONTEXT, THE
CONTENT
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Dr.M.K.RAMESH
PROFESSOR OF LAW
 I. THE SETTING

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WHAT IS SPECIAL ABOUT ENVIRONMENTAL LAW ?

• TRANS-DISCIPLINARY
• TRANS-NATIONAL

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• INTEGRAL ASPECT OF EVERY CONCEIVABLE LAW ON EARTH
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• A CONGLOMERATE OF LAWS DEALING WITH ENVIRONMENT AND
NATURAL RESOURCES, THEIR USE, THEIR RELATIONSHIP WITH HUMAN
BEINGS AND AMONG THEMSELVES
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• IT I CONCERNS LIFE-FORMS, LIFE-SUPPORT,SURVIVAL. SUSTENANCE AND
DEVELOPMENT
• IT IS ALL ABOUT MAKING LIFE TO REMAIN IN TUNE WITH NATURE !
 II. CONTEXT

HOW DOES ENVIRONMENTAL LAW RELATE TO BUSINESS LAW?

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• WHILE BUSINESS LAW IS DEVOTED TO PROMOTE, FACILITATE AND
NURTURE BUSINESS, COMMERCIAL AND INDUSTRIAL VENTURES THAT

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AFFECT, EXHAUST AND DRAIN ENVIRONMENTAL RESOURCES AND
ENVIRONMENTAL LAW PROTECTS AND CONSERVES LIFE AND NATURAL
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RESOURCES, THERE SEEMS TO EXIST A CONFLICT, APPARENTLY, BETWEEN
THE TWO- ONE OPERATING AT CROSS-PURPOSES WITH THE OTHER
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• ON THE CONTRARY, WHILE IT IS TRUE THAT THE FUNCTION OF BUSINESS
LAW IS TO SUSTAIN, CATALYSE AND SUPPORT BUSINESS AND
ENTERPRISE, IT IS THE BUSINESS OF ENVIRONMENTAL LAW THAT SUCH
BUSINESS IS CARRIED OUT IN AN ENVIRONMENTALLY RESPONSIBLE WAY
 AND ENABLE TO TAKE ROOTS, WITHOUT AFFECTING THE INTEGRITY ,
INTRINSIC VALUE AND WORTH OF THE ENVIRONMENT

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• ENVIRONMENTAL LAW SETS NORMS FOR CONSERVATION AND
PROVIDES SAFEGUARDS AGAINST DESTRUCTIVE DEVELOPMENT FOR A
HEALTHY, RESPONSIBLE AND WHOLESOME BUSINESS ENTERPRISE TO
COMPLY, FLOURISH AND DEVELOP.

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• THUS,THE COURSE ON ENVIRONMENTAL LAW IS DESIGNED TO
INTRODUCE ONE TO THE ENVIRONMENTAL IMPERATIVES AND
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PRESCRIPTIONS OF BOTH DOMESTIC AND INTERNATIONAL KIND, THAT
COVER A WHOLE RANGE OF ISSUES IMPACTING INDUSTRIAL AND
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COMMERCIAL OPERATIONS LIKE, THEIR LOCATION,PROCUREMENTS,
PROCESSES,PRODUCTS, MARKETING AND MANAGEMENT, ETC.
 III. CONTENT

THE COURSE:

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1. INTERNATIONAL DIMENSIONS OF THE LAW REGULATING BUSINESS AND
ENTERPRISE: PRINCIPLES, POLICIES, PRESCRIPTIONS: POLLUTION, WASTES,
ECO-SYSTEM CONSERVATION ETC.

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2. ENVIRONMENTAL SAFEGUARDS AGAINST UNPLANNED
ENTREUPRUNIERIAL OPERATIONS : INDUSTRIAL SITING REGULATIONS;
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ENVIRONMENT IMPACT ASSESSMENT NOTIFICATIONS; ISO STANDARDS;
EQUETORIAL PRINCIPLES; QUALITY CONTROL; ENVIRONMENTAL
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MANAGEMENT SYSTEMS; COASTAL ZONE MANAGEMENT REGULATIONS ETC.
3.REGULATION OF UNDESIRABLE BY-PRODUCT OF BUSINESS AND
INDUSTRIAL ACTIVITIES:
- POLLUTION CONTROL AND WASTE MANAGEMENT LAWS
 4. LAND AND DEVELOPMENT: LAW CONCERNING LAND ACQUISITION,

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RESETTLEMENT AND REHABILITATION; SPECIAL ECONOMIC ZONES
5. REGULATION OF COMMERCE AND INDUSTRIAL ACTIVITY CONCERNING
LIFE AND LIFE FORMS:

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REGULATING TRADE AND COMMERCE CONCERNING ENDANGERED
SPECIES; EQUITABLE SHARING OF BENEFITS DERIVABLE FROM THE
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COMMERCIAL APPLICATION OF BIORESOURCES ; INTELLECTUAL PROPERTY
ISSUES; REGULATION OF BIOTECHNOLOGICAL PROCESSES AND
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CONSERVATION OF LIFE FORMS AND ECO-SYSTEMS