India and its stance on environmental mediation

These new environmental developments in India and abroad suggest increasing acknowledgement of the value of nature and the desire to protect it. However, it is also critical to improve the public’s knowledge of environmental issues and issues that affect the earth’s health. More importantly, a more efficient and effective approach towards solving these environmental problems is needed to integrate science and technology with social sciences. We need to find a way to balance development agendas with the conservation of natural resources.

If done successfully, these changes will fix the environment and the relationship between humans and nature. The attitude in India and abroad in recent years toward natural resources and the environment has been one in which nature is viewed as an entity in and of itself. The UN Economic Commission for Europe (UNECE) is currently working on the rules of specific application for the Optional Rules.

However, at the heart of the argument is whether utilizing investment treaties as vehicles for environmental (and indigenous rights) disputes would limit opportunities for public participation and further entrench inequality since these cases are decided by private arbitrators with limited or no expertise in the environment or indigenous rights. This goes against centuries of thinking, in which we have viewed nature as something we must live harmoniously with to survive and thrive. However, due to the lack of a uniform standard for environmental mediation/ADR, these programs can be unnecessarily costly and inefficient. To further reduce costs to the parties and the courts and speedier resolution for stakeholders, a more uniform approach to structuring environmental mediation/ADR programs is needed.

The National Environmental Protection Act’sexisting environmental mediation provision should be reevaluated and updated. Furthermore, protocols for neutral evaluation of disputes should be created so that the parties do not have to retain their own private experts to evaluate permits, licenses, and other decisions made by federal agencies. As we go forward into a future where emerging technologies allow us to consider the very water that courses through our rivers “alive” or even “conscious,” it will be interesting to see how this mentality plays out, both in India and the rest of the world. This case has paved the way for many similar actions in the future.

Although it is worth noting that this ruling is not legally binding in most countries with a Common Law background, it sets an important precedent. It raises awareness of the issue in the public’s eyes at large. Bargaining can be a powerful tool, but it isn’t always used to its full potential. It seems that the key lies in the framework, where bargaining is presented as an option but not required. If both parties aren’t willing to negotiate, then maybe mediation isn’t the best choice to try and resolve the dispute.

We hope that its effects will be more widespread in the coming years, and we encourage all lovers of nature to join in the effort to preserve their surroundings. India is not alone in having environmental disputes that need to be resolved. In the United States, the Environmental Protection Agency has been working for years on combating waste from coal energy plants, which they say pose a significant threat to wildlife and aquatic life in nearby bodies of water. And in Chile, a young Humboldt penguin in a captive breeding program was found to have a cell phone in his stomach when he died after refusing food. With so many environmental issues still needing attention in all parts of the world, judges in cases like the one brought by India may consider how their decisions might affect other nations when issuing verdicts that protect the natural environment. Arbitrators, mediators and state parties should be more aware of the deficiencies in the framework and methods to enhance environmental mediation/ADR. Without such awareness, it is impossible to develop effective measures that can help to solve environmental disputes.


http://Amirante, Domenico. “Environmental courts in comparative perspective: Preliminary reflections on the National Green Tribunal of India.” Pace Envtl. L. Rev. 29 : 441 (2011)

http://Ciarb ireland, Planning and Environmental Mediation with Mr John Deaton – Architect (2021), (last visited Oct 2, 2021)

http://Douglas James Amy, Environmental mediation: An alternative approach to policy stalemates, 15 Policy Sciences , 345-365 (1983)

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