Tony George Puthucherril

Tony George ADAPTING TO CLIMATE CHANGE AND ACCELERATED SEA LEVEL RISE THROUGH INTEGRATED COASTAL ZONE MANAGEMENT LAWS: A STUDY OF THE SOUTH ASIAN EXPERIENCE Ocean Yearbook 2012 2011-08-08 04:49:54 -0700

Papers

Operationalising Integrated Coastal Zone Management and Adapting to Sea Level Rise through Coastal Law: Where Does India Stand?

International Journal of Marine and Coastal Law

With an overwhelming majority of India’s population living on the coast and depending on coastal resources for their sustenance and livelihood, sustainable coastal development is of critical importance to this country. India is also susceptible to the impacts of climate change and sea level rise. This article reviews India’s attempts to manage its long coastline and coastal resources through the instrumentality of law. The salient features of its first coastal law of 1991 and the subsequent draft law of 2008, culminating with a new law adopted in 2011, are ana- lyzed in detail. Specifically, this article examines how these laws provide for integrated coastal zone management, the primary methodology to attain sustainable coastal development, and how they further adaptation to sea level rise. The article argues that, as it stands, India’s coastal law is ineffective to further these two objectives.

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THE LITTLE DONE AND THE VAST UNDONE: TWO DECADES OF THE BASEL CONVENTION

Tony George Puthucherril, “The Little Done and The Vast Undone: Two Decades of the Basel Convention,” in ROUTLEDGE HANDBOOK OF INTERNATIONAL ENVIRONMENTAL LAW, (Alam, Bhuiyan, Chowdhury and Techera, ed. Routledge: 2012).

Hailed as the most comprehensive global multilateral environmental agreement to regulate the transboundary movement of hazardous and other wastes across international borders for disposal and recycling, the Basel Convention seeks to protect human health and the environment from the adverse effects that ensues due to the generation, management, transboundary movement, and disposal of hazardous and other wastes. From its inception, the Basel Convention established a regulatory framework based on innovative legal principles like environmentally sound management and prior informed consent to restrict the transportation of hazardous wastes. A series of technical guidelines provide parties with guidance on how to implement the Basel Convention. Despite these measures illegal traffic in hazardous wastes continues to be a matter of serious concern. This paper looks at the working of the Basel Convention during the past two decades and the extent to which it has been able to solve the problems of the ever increasing generation and unsound management of hazardous wastes. It also probes the relevance of this instrument for a developing economy like Bangladesh. It concludes with suggestions regarding what needs to be done to ensure that the Basel Convention objectives are fulfilled for now and in the future.

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Harnessing the Atom: Strengthening the Regulatory Board for Nuclear Safety in India Based on the Canadian Experience

26 Journal of Energy and Natural Resources Law, 2008

Ending months of uncertainty and political drama, the present Indian Government headed by Prime Minister Manmohan Singh won a confidence vote on the floor of the Parliament of India paving the way forward for the historic 123 Agreement with the United States. Once operational, this Agreement could end India's nuclearapartheid making civilian nuclearcommerce with members ofthe Nuclear Suppliers Group a reality. While energy-hungry India needs enormous power to fuel its surging economy, this also raises serious concerns about nuclear safety. With several cases of near misses and accidents, India's track record on nuclear safety is suspect. However, not much is known about the true state of affairs, primarily because the civilian and weapons programme are intertwined and the Indian nuclear establishment functions in an atmosphere of absolute secrecy. Given the high population densities, the consequences of a nuclear accident could be catastrophic. This article argues that the 123 Agreement provides India with the opportunity to re-engineer the working of its nuclear establishment in order to ensure greater safety transparency and accountability. It uses the Canadian experience to offer some suggestions to remodel the Atomic Energy Regulatory Board, India's watch dog on nuclear safety.

Operationalising Integrated Coastal Zone Management and Adapting to Sea Level Rise through Coastal Law: Where Does India Stand?

The International Journal of Marine and Coastal Law

With an overwhelming majority of India’s population living on the coast and depending on coastal resources for their sustenance and livelihood, sustainable coastal development is of critical importance to this country. India is also susceptible to the impacts of climate change and sea level rise. This article reviews India’s attempts to manage its long coastline and coastal resources through the instrumentality of law. The salient features of its first coastal law of 1991 and the subsequent draft law of 2008, culminating with a new law adopted in 2011, are analyzed in detail. Specifically, this article examines how these laws provide for integrated coastal zone management, the primary methodology to attain sustainable coastal development, and how they further adaptation to sea level rise. The article argues that, as it stands, India’s coastal law is ineffective to further these two objectives.