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DEPARTMENT - SCHOOL OF LAW CORE

Course Pack
FOR
NATURAL RESOURCES LAW-BBL2E4

BBL2E4 - NATURAL RESOURCES LAW

Total Teaching Hours For Semester : 60 Total Teaching Hours For Semester : 5

Max Marks : 100 Credits : 4

Course Objectives/Course Description:


The course is designed with an aim to help students understand full well that environmental law is not confined to prevention and control of pollution but is a step further

to conserve, preserve, regenerate natural resources. Law pertaining to natural resources determines the types of rights assigned and the complex political and

bureaucratic processes necessary for their utilization. It is therefore extremely important from the perspective of development and protection of the environment. The

course will also take into consideration the importance and influence of the International legal framework and policy revolving around the conservation of natural

resources. Natural resources however, belong to the people of a country and hence the course will also look into mechanisms that allow citizens to control and hold the

state accountable for judiciously utilizing the same and protecting them from degradation.

Learning Outcome
After the successful completion of the course students will be able to
● appreciate the major laws and agencies that shape natural resources policy.

● Understand conflict between development and use of natural resources.


● Understand the role of science and economics in natural resource policy
● Understand implications of natural resource policy and law for justice, accountability, and democracy.

Unit-1 Teaching Hours:8

INTROCTION: DEVELOPMENT & NATURAL RESOURCES


1) What are natural resources

2) Different type of natural resources

3) New Economic Policy and its effect on natural resources

4) Concept of Special Economic Zones

5) Concept of Eco- Feminism

6) Socio-Cultural Dimensions of Natural Resources

i) Concept of Interface between nature and culture

ii) Inferences From Social History

iii) Nature and religion: Mutual Supports and conflicts

iv) Indigenous Peoples Reliance on Natural Resources: Tradition and Implication


Unit-2 Teaching Hours:10

INTERNATIONAL LEGAL REGIME ON NATURAL RESOURCES


1) Principles of Stockholm Declaration 1974

2) Principles of Rio Declaration 1992

3) Constitution and Natural resources

4) Concept of Sustainable Development

5) Concept of Intergenerational equity

6) Polluter pays Principle and Precautionary Principle

7) Global Warming and Climate change, risks, threats & Study of Kyoto Protocol

8) IMF and World Bank guidelines on resource utilization

9) Balancing GDP with need for Healthy environment


Unit-3 Teaching Hours:10

DOMESTIC LEGISLATIVE REGIME


1) Property Rights and Natural Resources: Ownership & Acquisition

2) Forest Protection Act, 1927

3) Environment Protection Act 1985

4) Water Pollution Act 1976

5) Air Pollution Act 1981

6) Bio Diversity Act 2002

7) Wildlife Protection Act, 1972

8) Environmental Impact Assessments

9) Petroleum Act and Oil Fields Act


Unit-4 Teaching Hours:8

CONSTITUTIONAL BACKGROUND: PROVISIONS, DECISIONS AND SUSTAINABLE DEVOLPMENT


1) Public Interest Litigation

2) Supreme Court on conservation of resources

i. T.N. Godavaraman Thirumulpad v. Union of India

ii. S Jaganath v. Union of India

NATURAL RESOURCES LAW WORKBOOKPage 4

iii. Vellore Citizens Welfare forum v. Union of India


3) Relaxation of rule of Locus Standi

4) Case Study: MC Mehta v. Union of India (Taj Tapezium Case)

5) Case Study: MC Mehta v. Union of India (Ganga Pollution Case)

6) International principles used by Indian Judiciary in deciding environmental disputes


Unit-5 Teaching Hours:6

NATURAL RESOURCES AND INTELLECTUAL PROPERTY


1) Convention on Bio Diversity 1992

2) Bio-Diversity Act and genetic research

3) Geographic Indicators

4) Plant Varieties
Unit-6 Teaching Hours:10

NEW RESOURCES IN CURRENT REGIME


1) Public Trust Doctrine

2) Case Study: MC Mehta v. Kamal Nath

3) Case Study: PUCL v. A Raja (2G Spectrum Case)

4) Case Study: Coalgate judgment

5) Nuclear energy regime in India

6) Convention on Civil Nuclear liability

7) Nuclear liability in India, supplier and manufacturers liability


Unit-7 Teaching Hours:10

NATURAL RESOURCES & ENERGY SECTOR


1) Trade in Energy and WTO Law

2) Oil and Natural gas international rules and regulations

3) Electricity Act 2003

4) Power Purchase Agreements

5) Policy and Legal Dimensions of energy security


Text Books And Reference Books:
1. SAIRAM BHAT, NATURAL RESOURCES CONSERVATION LAW (2010).

2. P. ISHWARA BHATT, NATURAL RESOURCES LAW CONCEPTS & APPROACHES

3. SURENDRA MALIK & SUDEEP MALIK, SUPREME COURT ON ENVIRONMENT LAW

4. SC SHASTRI, ENVIRONMENTAL LAW

5. SHYAM DIWAN, ENVIRONMENTAL LAW & POLICY

6. GURDIP SINGH, ENVIRONMENTAL LAW


Essential Reading / Recommended Reading:
1. Edward B. Barbier, The role of natural resources in economic development., http://www.jstor.org/stable/10.20851/j.ctt1t304mv.312.
Ashish Kothari,
Environment and New Economic Policies, ECONOMIC AND POLITICAL WEEKLY 924, 924-928 (1995).3. Andrew
Schatz et al., International Environmental Law, THE INTERNATIONAL LAWYER 419, 419-433(2011) 4. Kamal Nath, National Conservation Strategy and Policy

5.
Statement on Environment and Development, MININSTRY OF ENVIRONMENT AND FOREST http:envfor.nic.in/sites/default/files/introduction-csps.pdf

Mohammad Naseem, 2011. Environmental Law in India. Kluwer Law International.6. Singh, R.B. and
Misra, S., 1996. Environmental Law in India: Issues and Responses. Concept Publishing Company.7.
Fernandes, W. and Paranjpye, V. eds., 1997. Rehabilitation policy and law in India: A right to livelihood.
Indian Social Institute.8. Ramakrishna, K., 1984. Emergence of Environmental Law in the Developing
Countries: A Case Study of India, The. Ecology LQ, 12, p.907.9. Sands, P. and Peel, J., 2012.
Principles of international environmental law. Cambridge University Press.10. Glicksman, R.L., 2007.
Public Natural Resources Law (Vol. 2). Clark Boardman Callaghan.11. Rist, S., Chidambaranathan, M.,
Escobar, C., Wiesmann, U. and Zimmermann, A., 2007. Moving from sustainable management to
sustainable governance of natural resources: The role of social learning processes in rural India, Bolivia
and Mali. Journal of Rural Studies, 23(1), pp.23-37.12. Schlager, E. and Ostrom, E., 1992. Property-rights
regimes and natural resources: a conceptual analysis. Land economics, pp.249-262. 13. Randeria, S.,
2003. Glocalization of law: environmental justice, World Bank, NGOs and the cunning state in India.
Current sociology, 51(3-4), pp.305-328.
Evaluation Pattern
EVALUATION
CIA I – Class Test / Assignment / Presentation
● – 10%
CIA II – Mid Semester Examination
● – 25%
CIA III – Research Paper
● – 10%
Attendance
● – 05%
End Semester Examination
● – 50%
TOTAL 100%

Course Plan
Class Name : 2BBALLB A Subject Name : NATURAL RESOURCES

LAW

Subject Code : BBL2E4 Teacher Name : MANJULA.RS


No of
Planned Date Unit Heading Details Method Reading/Ref
Hours
SAIRAM BHAT, NATURAL RESOURCES
CONSERVATION LAW 1-18(2010). Justice
Altamas Kabir and Aisha Ahmed Sharfi, Concept
INTROCTION: of Natural Resources as Understood in Legal
1) Introduction to Natural
DEVELOPMENT Regime: Expanding Dimensions, in NATURAL
20/11/2017 Resources Law. 2)
25/11/2017 3.75 Unit-1 and amp; Classroom discussion RESOURCES LAW: CONCEPTS AND
Concept and meaning of
NATURAL APPROACHES 3, 3-8 (P. Ishwara Bhat, ed.,
natural resources.
RESOURCES 2016). P. LEELAKRISHNAN, ENVIRONMENTAL
LAW IN INDIA 1-10(2016). Centre for Public
Interest Litigation v. Union of India, (2012)3 SCC
1.
SAIRAM BHAT, NATURAL RESOURCES
CONSERVATION LAW 1-18(2010). Justice
INTROCTION: Altamas Kabir and Aisha Ahmed Sharfi, Concept
3) Importance of
DEVELOPMENT of Natural Resources as Understood in Legal
27/11/2017 conservation of natural
02/12/2017 3.75 Unit-1 and amp; Lecture Regime: Expanding Dimensions, in NATURAL
resources and its history
NATURAL RESOURCES LAW: CONCEPTS AND
in India.
RESOURCES APPROACHES 3, 3-8, 8-14 (P. Ishwara Bhat,
ed., 2016). P. LEELAKRISHNAN,
ENVIRONMENTAL LAW IN INDIA 1-10(2016).
4) The role of natural
Ashish Kothari, Environment and New Economic
INTROCTION: resources in economic
Policies, ECONOMIC AND POLITICAL WEEKLY
DEVELOPMENT development 5)
04/12/2017 924, 924-928 (1995). Edward B. Barbier, The role
09/12/2017 3.75 Unit-1 and amp; Constitutional Lecture
of natural resources in economic development.,
NATURAL provisions- Article 48-A,
http://www.jstor.org/stable/10.20851/j.ctt1t304mv.
RESOURCES Article 51-A(g), Article
31
253
INTROCTION: 6) Environment Policy Discussion based on SHYAM DIVAN and ARMIN ROSENCRANZ,
11/12/2017 DEVELOPMENT and its effect on natural pre-requisite reading ENVIRONMENTAL LAW AND POLICY IN INDIA
16/12/2017 3.75 Unit-1
and amp; resources 7) Social- material/Lecture. 23-39 (2d ed.2005). JAN G. LAITOS, RIGHT OF
NATURAL economic history of Classroom NONUSE 17-63(2013). Justice Altamas Kabir
and Aisha Ahmed Sharfi, Concept of Natural
natural resource use. 8)
Resources as Understood in Legal Regime:
Different types of natural
Expanding Dimensions, in NATURAL
RESOURCES resources. 9) Natural Discussion- video
RESOURCES LAW: CONCEPTS AND
resources and
APPROACHES 3, 8-14 (P. Ishwara Bhat, ed.,
development
2016).
Andrew Schatz et al., International Environmental
1)Evolution of
Law, THE INTERNATIONAL LAWYER 419, 419-
International
433(2011). SAIRAM BHAT, NATURAL
INTERNATIONAL environmental law.
RESOURCES CONSERVATION LAW (2010).
18/12/2017 LEGAL REGIME 2)Sustainable
23/12/2017 3.75 Unit-2 Lecture Arup Poddar et al., International Environmental
ON NATURAL Development for
Law and Natural Resource, in NATURAL
RESOURCES resource conservation.
RESOURCES LAW: CONCEPTS AND
3)From Stockholm to
APPROACHES 3, 151-200 (P. Ishwara Bhat, ed.,
Rio.
2016).
Andrew Schatz et al., International Environmental
Law, THE INTERNATIONAL LAWYER 419, 419-
433(2011). SAIRAM BHAT, NATURAL
INTERNATIONAL
RESOURCES CONSERVATION LAW (2010).
01/01/2018 LEGAL REGIME 3)From Stockholm to
06/01/2018 3.75 Unit-2 Lecture Arup Poddar et al., International Environmental
ON NATURAL Rio- continued.
Law and Natural Resource, in NATURAL
RESOURCES
RESOURCES LAW: CONCEPTS AND
APPROACHES 3, 151-200 (P. Ishwara Bhat, ed.,
2016).
4) Johannesburg
Declaration 5) Global Andrew Schatz et al., International Environmental
Warming and Climate Law, THE INTERNATIONAL LAWYER 419, 419-
change, risks, threats , 433(2011). SAIRAM BHAT, NATURAL
INTERNATIONAL
Study of Kyoto Protocol. Lecture, Discussion RESOURCES CONSERVATION LAW (2010).
08/01/2018 LEGAL REGIME
13/01/2018 3.75 Unit-2 6) Challenges to India in on current situation- Arup Poddar et al., International Environmental
ON NATURAL
emerging international video Law and Natural Resource, in NATURAL
RESOURCES
environmental law i. RESOURCES LAW: CONCEPTS AND
Balancing GDP with APPROACHES 3, 151-200 (P. Ishwara Bhat, ed.,
need for Healthy 2016).
environment
1)Property Rights and
DOMESTIC AILEEN MCHARG ET AL., PROPERTY AND
22/01/2018 Natural Resources:
27/01/2018 3.75 Unit-3 LEGISLATIVE Lecture THE LAW IN ENERGY AND NATURAL
Ownership and
REGIME RESOURCES(2010)
Acquisition
SAIRAM BHAT, NATURAL RESOURCES
CONSERVATION LAW (2010). P.
2) Environment
DOMESTIC LEELAKRISHNAN, ENVIRONMENTAL LAW IN
29/01/2018 Protection Act 1985 and Lecture, case
03/02/2018 3.75 Unit-3 LEGISLATIVE INDIA 30-65, 131-178, 255-282(2016). SHYAM
Environmental Impact analysis.
REGIME DIVAN and ARMIN ROSENCRANZ,
Assessments.
ENVIRONMENTAL LAW AND POLICY IN INDIA
(2d ed.2005).
SAIRAM BHAT, NATURAL RESOURCES
3)Social movements in
CONSERVATION LAW (2010). P.
environmental protection
DOMESTIC LEELAKRISHNAN, ENVIRONMENTAL LAW IN
05/02/2018 4) Forest Resources i.
10/02/2018 3.75 Unit-3 LEGISLATIVE Lecture INDIA 30-65, 131-178, 255-282(2016). SHYAM
National forest policy,
REGIME DIVAN and ARMIN ROSENCRANZ,
1952 ii. Forest and
ENVIRONMENTAL LAW AND POLICY IN INDIA
Wildlife protection
(2d ed.2005)
Sairam Bhat and Shivika Choudhary, Little Water
and Mighty India: Command and Control
5) Water Conservation : Framework for Integrated Water Resource
Issues and challenges. Management, in NATURAL RESOURCES LAW:
6) Air i. Prevention and CONCEPTS AND APPROACHES 3, 3-8, 8-14
DOMESTIC Discussion based on
12/02/2018 control of air pollution ii. (P. Ishwara Bhat, ed., 2016). SAIRAM BHAT,
17/02/2018 3.75 Unit-3 LEGISLATIVE pre-requisite material,
Judicial intervention for NATURAL RESOURCES CONSERVATION
REGIME Lecture
improving air quality iii. LAW (2010). P. LEELAKRISHNAN,
Kyoto climate accord iv. ENVIRONMENTAL LAW IN INDIA 30-65, 131-
Anti-smoking law in India 178, 255-282(2016). SHYAM DIVAN and ARMIN
ROSENCRANZ, ENVIRONMENTAL LAW AND
POLICY IN INDIA (2d ed.2005)
7) Land resources i.
Mining: legal issues in SAIRAM BHAT, NATURAL RESOURCES
land conservation ii. CONSERVATION LAW (2010). P.
DOMESTIC Land acquisition iii. LEELAKRISHNAN, ENVIRONMENTAL LAW IN
19/02/2018 3.75 Unit-3 LEGISLATIVE Agrarian reforms iv. Lecture INDIA 30-65, 131-178, 255-282(2016). SHYAM
24/02/2018
REGIME Green revolution v. DIVAN and ARMIN ROSENCRANZ,
Conversion of land vi. ENVIRONMENTAL LAW AND POLICY IN INDIA
Waste dumping and (2d ed.2005)
degradation of land
1) Constitutional law
provisions i. Article 14:
Shameek Sen et al., Constitutional Issues
Rule of equality ii. Article
Regarding Natural Resources, in NATURAL
19:Environment
CONSTITUTIONAL RESOURCES LAW: CONCEPTS AND
information iii. Article 21:
BACKGROUND: APPROACHES 3, 117-136 (P. Ishwara Bhat, ed.,
Right to environment in Lecture, Case
26/02/2018 PROVISIONS, 2016). P. LEELAKRISHNAN, ENVIRONMENTAL
03/03/2018 3.75 Unit-4 right to life iv. Article 48A Analysis and
DECISIONS AND LAW IN INDIA 182-207(2016). SHYAM DIVAN
v. Article 51A(g) vi. Discussion
SUSTAINABLE and ARMIN ROSENCRANZ, ENVIRONMENTAL
Article 253 2)
DEVOLPMENT LAW AND POLICY IN INDIA (2d ed.2005)
Recommendation of the
SAIRAM BHAT, NATURAL RESOURCES
National Commission to
CONSERVATION LAW (2010).
review the working of the
Constitution (NCRWC)
3) International
comparative
constitutional analysis
Anirban Mazumdar, Intellectual Property from
Bedrock of Natural Resourcesr, in NATURAL
RESOURCES LAW: CONCEPTS AND
1) Convention on Bio APPROACHES 3, 331-340 (P. Ishwara Bhat, ed.,
NATURAL Diversity, 1992. 2) Bio- 2016). SHYAM DIVAN and ARMIN
05/03/2018 RESOURCES AND Diversity Act,2002 and ROSENCRANZ, ENVIRONMENTAL LAW AND
10/03/2018 3.75 Unit-5 Lecture
INTELLECTUAL genetic research 3) POLICY IN INDIA (2d ed.2005) JUSTICE T S
PROPERTY Geographic Indicators 4) DOABIA, ENVIRONMENTAL and POLLUTION
Plant Varieties LAWS IN INDIA(2d ed. 2010) SAIRAM BHAT,
NATURAL RESOURCES CONSERVATION
LAW (2010). P. LEELAKRISHNAN,
ENVIRONMENTAL LAW IN INDIA 97-101(2016).
Mohan V. Katarki, Hydropower Generation:
NEW
Transboundary Environmental Issues, in
12/03/2018 RESOURCES IN Oil and Natural gas,
17/03/2018 3.75 Unit-6 Lecture, workbook NATURAL RESOURCES LAW: CONCEPTS
CURRENT electricity as resources
AND APPROACHES 3, 341-346 (P. Ishwara
REGIME
Bhat, ed., 2016).
SHYAM DIVAN and ARMIN ROSENCRANZ,
ENVIRONMENTAL LAW AND POLICY IN INDIA
NATURAL (2d ed.2005) JUSTICE T S DOABIA,
Policy and Legal
19/03/2018 RESOURCES and ENVIRONMENTAL and POLLUTION LAWS IN
24/03/2018 3.75 Unit-7 Dimensions of energy Lecture, workbook
amp; ENERGY INDIA(2d ed. 2010) SAIRAM BHAT, NATURAL
security
SECTOR RESOURCES CONSERVATION LAW (2010). P.
LEELAKRISHNAN, ENVIRONMENTAL LAW IN
INDIA (2016).

CIA 1
Component/Task 1
CIA Details
Create an e-poster to spread the knowledge acquired in the subject. Poster should highlight the importance of conservation of natural resources to the
society.

CIA Details will display form 20/11/2017


Learning Objective
Assignment Learning Objectives: Students will be able to demonstrate clear theirunderstanding of natural resources and importance of its
conservation . They will be able creatively put their views in the poster Assessment Strategies aligned to LO: Yes
Assignment Learning Objectives: Students will be able to demonstrate clear theirunderstanding of natural resources and importance of its
conservation . They will be able creatively put their views in the poster Assessment Strategies aligned to LO: Yes

Evaluation Rubrics
CATEGORY 4 3 2 1
Title Title is quite creative and Title describes content Title describes the content The title does not describe
unique. well. in plain. the content of the poster
well.

Knowledge Gained Student can accurately Student can accurately Student can accurately Student appears to have
answer all questions answer most questions answer about 75% of insufficient knowledge
related to facts in the related to facts in the questions related to facts about the facts or
poster and processes used poster and processes used in the poster and processes used in the
to create the poster. to create the poster. processes used to create poster.
the poster.

Required Elements The poster includes all All required elements are All but 1 of the required Several required elements
required elements as well included on the poster. elements are included on were missing.
as additional information. the poster.

Content - Accuracy At least 7 accurate facts 5-6 accurate facts are 3-4 accurate facts are Less than 3 accurate facts
are displayed on the displayed on the poster. displayed on the poster. are displayed on the
poster. poster.

Spreading the The student has shared The student has shared The student has shared The student has not at all
and spread the importance and spread the importance and spread the importance shared and spread the
message of conservation of natural of conservation of natural of conservation of natural importance of conservation
resources effectively with a resources with a small resources without much of natural resources.
wide coverage.(more than coverage. (less than 10 coverage.(less than 3
20 people) people) people)

CIA 3
Component/Task 1
CIA Details
Students to articulate a research paper with a critical analysis on a topic from the course.

CIA Details will display form 20/11/2017


Learning Objective
Assignment Learning Objectives: students will be able to write a research paper with critical analysis based on the understanding of the
course and skills acquired therein Assessment Strategies aligned to LO: Yes Technology Tools used along with their Purpose: none
Assignment Learning Objectives: students will be able to write a research paper with critical analysis based on the understanding of the
course and skills acquired therein Assessment Strategies aligned to LO: Yes Technology Tools used along with their Purpose: none

Evaluation Rubrics
CATEGORY 4 3 2 1
Organization Information is very Information is organized Information is organized, The information appears to
organized with well- with well-constructed but paragraphs are not be disorganized.
constructed paragraphs paragraphs. well-constructed.
and subheadings.

Sources All sources are accurately All sources are accurately All sources are accurately Some sources are not
documented in the desired documented, but a few are documented, but many are accurately documented.
format. not in the desired format. not in the desired format.

Quality of Information clearly relates Information clearly relates Information clearly relates Information has little or
Information to the main topic. It to the main topic. It to the main topic. No nothing to do with the main
includes several provides 1-2 supporting details and/or examples topic.
supporting details and/or details and/or examples. are given.
examples.

Amount of All topics are addressed All topics are addressed All topics are addressed, One or more topics were
Information and all questions and most questions and most questions not addressed.
answered with at least 2 answered with at least 2 answered with 1 sentence
sentences about each. sentences about each. about each.

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