ABSTRACT
This chapter presents a comparative analysis between the International Court of Justice and the Indian judiciary in biodiversity enforcement and compliance. The chapter maintains that the judiciary is uniquely positioned to bring about strong compliance with international norms and bring environmental justice to the critical stakeholders. The chapter analyses the role played by the Indian judiciary in protecting and bringing compliance to India’s international commitment for biodiversity protection. The chapter argues that the judicial insistence on consultation of local communities is based on not just natural justice principles but a host of international law principles and conventions, including the Convention on Biodiversity and the Rio Declaration on Environment and Development, and looks forward for a more effective role by the Indian judiciary in this regard.
