Volume V
Type | Title | Author Name | Click to Read |
|---|---|---|---|
Editorial | Foreword | Justice Advait M. Sethna | Read Here |
Editorial | Editorial | Dr. Smt. Asmita Adwait Vaidya | Read Here |
Editorial | Note | Anuja Adukathil | Read Here |
Long Article | Exploring Financial Instruments and Legal Framework for Climate Finance: An International and National Perspective | Devanshi Bang; Priyanshi Agarwal | Read Here |
Long Article | Legal Challenges in Regulating Marine Pollution from Microplastics: An International Perspective | Aditi Ajit Ankush; Jay Pradeep Gavade | Read Here |
Long Article | Integrating Environmental Rights into Human Rights: A New Paradigm for Environmental Law in India | Vaibhav Nagpal | Read Here |
Long Article | Addressing Loss and Damage: Legal Challenges and Opportunities in International Climate Law | Upamannyu Sinha | Read Here |
Long Article | Jus Cogens and Environmental Democracy: A Legal Examination of the Aarhus Convention's Core Principles | Parimal Wagh; Saniya Sunil Ahir | Read Here |
Long Article | Scientific Research Whaling: An International Law Perspective | Mugdha Satpute | Read Here |
Long Article | Transboundary Air Pollution in the Indo-Gangetic Region: Lessons from Global Frameworks and Opportunities for India-Pakistan Collaboration | Prachi Ratanpriya; Pranita S. Ezhuthachan | Read Here |
Short Article | Lack of Legal Protection for Environmental Refugees in International Law | Aaina Aggarwal; Pihoo Agrawal | Read Here |
Short Article | Enforcing Environmental Accountability: Recognising Ecocide while Bridging the Gap between Environmental Justice and International Law | Malvika Chandra; Mahika Gupta | Read Here |
Short Article | Reluctance and Responsibility: Examining the Global Response to Climate-Induced Displacement | S Krishnatar; Akash P | Read Here |
Foreword
Title:
Foreword
Author:
Justice Advait M. Sethna
Recommended Citation:
Advait M. Sethna, Foreword, 5 GLC-SPIL INT'L L. J. (2025).
URL:
https://www.spilmumbai.org/ilj/archives/vol-v#edt
DOI:
Abstract:
Foreword
Editorial Note 1
Title:
Editorial
Author:
Dr. Smt. Asmita Adwait Vaidya
Recommended Citation:
Asmita Adwait Vaidya, Editorial, 5 GLC-SPIL INT'L L. J. (2025).
URL:
https://www.spilmumbai.org/ilj/archives/vol-v#edt1
DOI:
Abstract:
Editorial
Editorial Note 2
Title:
Note
Author:
Anuja Adukathil
Recommended Citation:
Anuja Adukathil, Note, 5 GLC-SPIL INT'L L. J. (2025).
URL:
https://www.spilmumbai.org/ilj/archives/vol-v#edt2
DOI:
Abstract:
Editorial
Article 1
Title:
Exploring Financial Instruments and Legal Framework for Climate Finance: An International and National Perspective
Author:
Devanshi Bang; and
Priyanshi Agarwal
Recommended Citation:
Devanshi Bang & Priyanshi Agarwal, Exploring Financial Instruments and Legal Framework for Climate Finance: An International and National Perspective, 5 GLC-SPIL INT'L L.J. 1 (2025)
URL:
https://www.spilmumbai.org/ilj/archives/vol-v#1
DOI:
Abstract:
This paper examines the intricate landscape of financial instruments and legal frameworks that advocate for climate finance from international and national perspectives. Global difficulties brought about by climate change need efficient fundraising for adaptation and mitigation efforts, especially in underdeveloped nations. The paper looks at a range of Green Financial mechanisms in addition to direct private and governmental support. International frameworks and treaties that are analysed include the United Nations Framework Convention on Climate Change and the Paris Agreement, which place an emphasis on “common but differentiated responsibilities and respective capabilities.” These accords encourage contributions from other parties, and industrialized nations must be the driving force behind the mobilization of climate funds. The article also examines the climate finance ecosystem in the Indian subcontinent, focusing on indigenous sources and processes. Currently, a substantial portion of climate finance in India is sourced from domestic budgets, while the remaining portion is sourced from international entities and national sources through government budgets, private funds, and NGOs. The financial requirements for 2030 are estimated to be substantial, with a total of US$ 2.5 trillion. However, international contributions are still limited. This article aims to give insights into the current state of policymakers, stakeholders, and researchers and prospective orientations of climate finance. It highlights that in order to achieve climateresilient development and satisfy global climate targets, collaborative efforts at the national and international levels are essential.
Keywords: Climate Change, Climate-resilient development Climate Finance, Financial Instruments, Global Climate Targets.
Article 2
Title:
Legal Challenges in Regulating Marine Pollution from Microplastics: An International Perspective
Author:
Aditi Ajit Ankush; and
Jay Pradeep Gavade
Recommended Citation:
Aditi Ajit Ankush & Jay Pradeep Gavade, Legal Challenges in Regulating Marine Pollution from Microplastics: An International Perspective, 5 GLC-SPIL INT'L L. J. 30 (2025).
URL:
https://spilmumbai.org/ilj/archives/vol-v#2
DOI:
Abstract:
Marine pollution from micro plastics has become a pressing global issue, threatening marine biodiversity, ecosystem health, and human well-being. This paper explores the legal challenges in regulating marine pollution caused by micro plastics from an international perspective. It begins by defining micro plastics and highlighting their environmental and socio-economic impacts. The paper then examines the existing international legal frameworks, including the United Nations Convention on the Law of the Sea (UNCLOS), the Basel Convention, and MARPOL, analysing their strengths and limitations in addressing micro plastic pollution. Additionally, it explores key legal gaps, such as the lack of enforceable standards, fragmented jurisdictional authority, and insufficient monitoring mechanisms. Drawing on case studies, the paper discusses the interplay between international, regional, and national approaches to regulation. Marine pollution from microplastics poses a significant threat to ecosystems, biodiversity, and human health. This article explores the status quo of international legal frameworks addressing microplastic pollution, identifies gaps and challenges, and suggests pathways for more effective regulation. Drawing on a comparative analysis of international treaties, regional cooperation mechanisms, and domestic approaches, it argues for a cohesive global response to this pressing environmental issue. Finally, it proposes actionable recommendations, including strengthening international agreements, enhancing collaboration, and adopting a life-cycle approach to plastic regulation. This research emphasizes the urgency of addressing micro plastic pollution through robust, enforceable, and globally coordinated legal mechanisms.
Keywords: International Law, Micro Plastics, Marine Litter, Marine Environment Protection, Maritime Community with a Shared Future.
Article 3
Title:
Integrating Environmental Rights into Human Rights: A New Paradigm for Environmental Law in India
Author:
Vaibhav Nagpal
Recommended Citation:
Vaibhav Nagpal, Integrating Environmental Rights into Human Rights: A New Paradigm for Environmental Law in India, 5 GLC-SPIL INT'L L. J. 48 (2025).
URL:
https://spilmumbai.org/ilj/archives/vol-v#3
DOI:
Abstract:
Global consciousness to preserve the environment has increased over the past few years. Human rights and a healthy environment complement one another, and each is receptive. Understanding these two ideas is crucial since they enhance environmental sustainability. One of the topics that connect environmental law with human rights is health. Since the Conference of Stockholm in the 1970s established the connection between environmental preservation and human rights, many worldwide treaties and agreements have been adopted to further these causes. Because of this, the globe does not typically face extreme poverty while also being unable to afford to protect environmental rights in this and numerous other ways. Understanding the relationship between environmental laws and human rights and the judiciary in the formation of environmental jurisprudence has been the aim of this study. To safeguard human rights and enhance the environment, it examines various agreements and acts made by various countries and organizations. This study also looks at the judiciary's position on international agreements and laws as well as the government's actions.
Keywords: Environmental Law, Human Rights, Public Health, Environmental Sustainability.
Article 4
Title:
Addressing Loss and Damage: Legal Challenges and Opportunities in International Climate Law
Author:
Upamannyu Sinha
Recommended Citation:
Upamannyu Sinha, Addressing Loss and Damage: Legal Challenges and Opportunities in International Climate Law, 5 GLC-SPIL INT'L L. J. 66 (2025)
URL:
https://spilmumbai.org/ilj/archives/vol-v#4
DOI:
Abstract:
Climate change is one of the most prominent challenges humanity faces today, especially for poorer countries, which are the most impacted by the consequences of climate change. Despite various efforts under international frameworks like UNFCCC, the current mechanisms for addressing Loss and Damage (L&D) have proven to be largely inadequate. This paper attempts to explore the journey of L&D as a concept and how it has evolved. We analyse the gaps in the existing system, such as the lack of legally binding commitments, the absence of enforcement mechanisms, and fragmented governance structures. Such shortcomings have significantly lowered the effectiveness of L&D mechanisms, leaving the vulnerable nations grappling with rising sea levels, biodiversity loss and displacement without adequate support. This paper also examines the issues of ascertaining the accountability and responsibility of states for the impact of climate change, highlighting the tensions between the developed and developing nations over such liability. To strengthen the institutional framework and effectiveness of L&D regimes, we propose several measures, such as a dedicated L&D legal framework, climate-specific migration treaties, and a global reparations system. This study seeks to foster impactful conversations and drive action to support the communities most affected. Enhancing the L&D framework will bring us closer to realising climate justice and creating a resilient, fair future for everyone.
Article 5
Title:
An Analysis of Force Majeure in International Investment Law Pertinent to the Challenges of COVID19
Author:
Yashasvi Suroliya; and
Anoushka Singha
Recommended Citation:
Yashasvi Suroliya & Anoushka Singha, An Analysis of Force Majeure in International Investment Law Pertinent to the Challenges of COVID-19, 1 GLC-SPIL INT'L L. J. 84 (2021).
URL:
https://spilmumbai.org/ilj/archives/vol-v#5
DOI:
Abstract:
The interplay between jus cogens norms and environmental democracy represents a critical area of inquiry within international law. Jus cogens, or peremptory norms, are fundamental principles from which no derogation is permitted, reflecting the highest values of the international legal order. Simultaneously, environmental democracy promotes public participation, access to information, and access to justice in environmental matters, thereby empowering individuals and communities to engage in sustainable decision making processes. The Aarhus Convention, a landmark international treaty, embodies the principles of environmental democracy and seeks to strengthen the relationship between environmental protection and democratic governance. This paper examines the legal dimensions of the Aarhus Convention and its alignment with the normative framework of jus cogens. It explores whether the principles enshrined in the Convention—access to information, public participation in environmental decision-making, and access to justice—can be elevated to the status of peremptory norms. The analysis reveals that while the Aarhus Convention significantly contributes to promoting environmental democracy, its classification as a peremptory norm remains contentious due to the need for broader consensus and legal formalisation.
Article 6
Title:
Scientific Research Whaling: An International Law Perspective
Author:
Mugdha Satpute
Recommended Citation:
Mugdha Satpute, Scientific Research Whaling: An International Law Perspective, 5 GLC-SPIL INT'L L. J. 101 (2025).
URL:
https://spilmumbai.org/ilj/archives/vol-v#6
DOI:
Abstract:
The practice of whaling has been conducted for centuries around the planet for varying purposes. Something that was done as a tradition, in the beginning, became an act of overexploitation and economic gains later. The sudden bloom experienced in the whaling industry during the Industrial Revolution and World Wars created a global imbalance in whaling thus resulting in the endangerment of whale stocks. Herein, the historical practice of whaling and its contemporary controversy of commercial-scientific whaling highlights the need for preventive actions, appropriate and clear legal provisions, and sustainable regulation. Under the international legal regime, the International Convention for the Regulation of Whaling (ICRW), the United Nations Convention on the Law of the Sea (UNCLOS), and the International Whaling Commission (IWC) became responsible for regulating the whaling industry and ensuring the conservation of the marine environment, including the management of whale stocks. These advancements became the greatest developments in the matter of whaling, however, they also led to the creation of new challenges. Accordingly, this article delves into the historical, cultural, legal, political, economic, social, scientific, and environmental aspects attached to the act of whale hunting. It focuses on the interaction between the UNCLOS, the International Convention for the Regulation of Whaling (ICRW), and the International Whaling Commission (IWC), along with the lacunas present therein, while emphasising the opinions and actions of the pro-whaling nations, anti-whaling nations, as well as NGOs.
Article 7
Title:
Transboundary Air Pollution in the Indo-Gangetic Region: Lessons from Global Frameworks and Opportunities for India-Pakistan Collaboration
Author:
Prachi Ratanpriya; and
Pranita S. Ezhuthachan
Recommended Citation:
Prachi Ratanpriya & Pranita S. Ezhuthachan, Transboundary Air Pollution in the Indo-Gangetic Region: Lessons from Global Frameworks and Opportunities for India-Pakistan Collaboration, 5 GLC-SPIL INT'L L. J. 115 (2025).
URL:
https://spilmumbai.org/ilj/archives/vol-v#7
DOI:
Abstract:
Across many of the major cities in South Asia, over 50 per cent of air pollution is not local but transboundary in nature, travelling from neighbouring cities, states, or even countries. In the Indo-Gangetic Plain and Himalayan Foothills (IGP-HF) region, pollution arises predominantly from household cooking, transportation, crop residue burning, inefficient fertilizer usage, industries, and power plants. The governance of these sectors is often fragmented, with responsibilities spreading across multiple ministries and departments, creating challenges for effective regulation. In light of this, the present article examines the pressing issue of transboundary air pollution in the IGP-HF region, analysing its sources, effects, and the legal frameworks addressing it. It further deals with the case study of the Indo-Gangetic Plain region, drawing lessons from transboundary pollution management models in the United States and other parts of the world. It highlights successful airshed management practices, such as the Cross-State Air Pollution Rule (CSAPR) in the U.S. and regional cooperation frameworks in Europe, emphasising the importance of a unified regulatory approach. The study lastly underscores the need for India and Pakistan to revive mechanisms like the Malé Declaration and explore bilateral collaboration for tackling air pollution through knowledge exchange, coordinated policy-making, and public engagement. The authors argue that fostering regional cooperation in air quality management is not merely an environmental necessity but also a diplomatic opportunity. Enhanced India-Pakistan ties, supported by shared environmental goals, could transform air pollution from a source of dissonance into a platform for collaboration. By way of aligning regional policies, promoting data sharing, and adopting sustainable practices, the Indo-Gangetic Plain region can address the transboundary pollution crisis while advancing broader climate resilience and public health objectives.
Article 8
Title:
Lack of Legal Protection for Environmental Refugees in International Law
Author:
Aaina Aggarwal; and
Pihoo Agarwal
Recommended Citation:
Aaina Aggarwal & Pihoo Agarwal, Lack of Legal Protection for Environmental Refugees in International Law, 5 GLC-SPIL INT'L L. J. 136 (2025).
URL:
https://spilmumbai.org/ilj/archives/vol-v#8
DOI:
Abstract:
The concept of “Environmental Refugees”, developed in the 20th century, has arisen due to escalated environmental degradation, mainly caused by industrialization, technology and a rising population. Environmental Refugees are displaced by extreme factors such as rise in sea levels, desertification, deforestation, drought and natural disasters. However, the International Laws do not identify these people, and the 1951 Refugee Convention does not accept environmental causes as legal grounds for being considered refugees. Most environmentalrelated displaced people remain within their countries and do not come under the legal definition of a refugee, which includes cross-country migration. The problem in counting the number of environmental refugees is also associated with the lack of definition of this term. Many organizations prefer the term “disaster displacement” to avoid the legal connotations of ‘refugee’. While climate change is being cited as a major cause for the majority displacements, the term “climate refugee” has no official status either. The real-life illustrations for Environmental Refugees include the environmental displacements in Amazon and Australian bushfires, rural migration in Pakistan and droughts in Africa. Over one billion people might face displacement by environmental disasters alone by the year 2050. The general public is increasingly aware, but International Law does not recognize any rights for the environmental refugees, nor does it enhance disaster management mechanisms presently.
Article 9
Title:
Enforcing Environmental Accountability: Recognising Ecocide while Bridging the Gap between Environmental Justice and International Law
Author:
Malvika Chandra; and
Mahika Gupta
Recommended Citation:
Malvika Chandra & Mahika Gupta, Enforcing Environmental Accountability: Recognising Ecocide while Bridging the Gap between Environmental Justice and International Law, 5 GLC-SPIL INT'L L. J. 143 (2025).
URL:
https://spilmumbai.org/ilj/archives/vol-v#9
DOI:
Abstract:
This essay examines the recent proposal by Vanuatu, Samoa, and Fiji to recognize ecocide as a core international crime, alongside genocide, crimes against humanity, and war crimes. Through historical context, it traces the origins of the term 'ecocide' from the Vietnam War to contemporary environmental destruction in conflict zones. The analysis reveals significant challenges in defining ecocide as a standalone crime under the Rome Statute due to the lack of widespread state recognition and the ambiguous legal framework surrounding it. The essay argues that, instead of being classified as a separate core crime, ecocide should be integrated under Article 7(1)(k) of the Rome Statute as a crime against humanity. By doing so, it highlights how environmental harm impacts civilian populations universally, rather than targeting specific groups, aligning more closely with the broad and flexible criteria for crimes against humanity. Ultimately, the essay emphasizes the urgency of addressing ecocide within existing legal frameworks, advocating for a more effective means of holding perpetrators accountable for their actions that endanger the planet and humanity's future.
Article 10
Title:
Reluctance and Responsibility: Examining the Global Response to Climate-Induced Displacement
Author:
S Krishatara; and
Akash P
Recommended Citation:
S Krishatara & Akash P, Reluctance and Responsibility: Examining the Global Response to Climate-Induced Displacement, 5 GLC-SPIL INT’L L. J. 149 (2025).
URL:
https://spilmumbai.org/ilj/archives/vol-v#10
DOI:
Abstract:
Climate-induced displacement represents a growing global challenge, with environmental disasters forcing nearly 32 million people from their homes in 2023. Despite this significant impact, those displaced by climate change lack official refugee status under international law. The 1951 Refugee Convention's narrow definition, created in the context of World War II, excludes climate refugees, leaving them without crucial legal protections and support systems. Developed nations' resistance to climate liability and reparations extends to their approach toward climate refugees. This reluctance stems from fears of legal exposure and the “floodgate theory” - concerns that expanding refugee definitions would overwhelm existing asylum systems. While human rights laws and principles like non-refoulement offer limited protections, the absence of enforceable mechanisms specifically addressing climate displacement undermines these obligations. Several solutions are proposed, including updating the 1951 Refugee Convention to explicitly include climate refugees, establishing a specialized UN body to oversee climate refugee resettlement, and developing regional cooperation and bilateral treaties as interim measures. Integrating climate displacement into UNFCCC processes would ensure the issue receives proper attention in international climate discussions and create clear responsibilities for nations to address this growing humanitarian crisis. Without such measures, millions of climate refugees remain vulnerable and without recourse.