and enforcement – both in developed and developing countries alike. The environmental rule of law seeks to address this gap. The environmental rule of law becomes a priority particularly when we acknowledge that the benefits of environmental rule of law extend far beyond the environmental sector. While the most direct effects are on protection of the environment, it also strengthens rule of law more broadly, supports sustainable economic and social development, protects public health, contributes to peace and security by avoiding and defusing conflict, and protects human and constitutional rights. Similarly, the rule of law in environmental matters is indispensable “for equity in terms of the advancement of the Sustainable Development Goals63, the provision of fair
access by assuring a rights- based approach, and the promotion and protection of environmental and other socio- economic rights.” 41 Indian courts are witnessing a great number of climate-related cases since activists seek to open new fronts with new class actions. Clyde & Co has been tracking the wave of litigation and the risks of climate liability to businesses around the world. 42 New waves of litigation, new regulation and new duties of care may in turn shift the risk landscape for firms, lenders and their insurers operating in India. Cities like Delhi taking due consideration around responsibility, risk and resilience are fundamental to developing best practice and protecting against the long tail of potential liability. As a leading law firm, Clyde & Co, in association with CSL Chambers is committed to supporting initiatives that facilitate greater resilience in the developed and developing world. Helping businesses deal with the multi-faceted effects of urbanisation and climate change is an area where Clyde & Co is particularly active, with extensive experience advising a range of clients in many sectors on the complex issues it raises and how to adapt to these disruptive forces.
41 Hanuman Laxman Aroskar vs Union Of India, Civil Appeal Nos. 12251 of 2018 and 1053 of 2019 42 https://resilience.clydeco.com/videos/climate-change-a-burning-issue-for-businesses-and-boardrooms 43 www.clydeco.com/resilience
Made with FlippingBook - professional solution for displaying marketing and sales documents online