Legal Regulation of Hazardous Substances

by Furqan Ahmad

ISBN: 9789351300144
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Imprint : Daya Publishing House
Year : 2021
Price : Rs. 13995.00
Biblio : xiii+412p., tabls., appendices, ind., 23 cm

About The Book

Environmentally sound management of hazardous substances is a key challenge before policy makers, regulators, implementers, industry workers, and the affected people. The toxic pollution unleashed in Bhopal, Bichri, Patencheru, Kanpur, and many more such toxic hotspots in India led to the strengthening of legal regime for the “Regulation of Environmental Pollution Caused by Hazardous Substances in India”. This volume elaborates upon the concept, causes and consequences of hazardous substances; analyses the relevant international legal regime for the management of hazardous substances; presents a succinct overview of the environmental and safety legislations; critically examines the common law and statutory liability and compensation regime through decided cases; elucidates the disputes settlement mechanism in India and finally offers findings and suggestions towards strengthening the legal and regulatory mechanism for hazardous substances in India. An added feature of the book is the systematic and concise treatment of plethora of delegated legislation made under the Environment (Protection) Act, 1986, such as the rules pertaining to hazardous wastes, hazardous chemicals, genetically modified organisms, biomedical wastes etc. The author has made all attempts to keep the book updated and in doing so has also provided a review of the Law Commission of India’s recent proposal to constitute Environment Courts in India, as also the National Environment Policy, 2006. The book would be highly useful to practitioners, legal researchers, activist, scientific community, industry and other interested persons.

Table of Contents

Contents Chapter 1: Introduction; Chapter 2: Hazardous Substance: Concept, Causes and Consequences; Nature and Concept of Hazardous Substance, General, Conceptual Analysis; Concept at International Level, Concept in India, Concept in Foreign Countries, Hazardous Material, Classification, Definition of Hazardous Wastes, Nature of Hazard and Taxicity, Formation and Consequences of Hazardous Substances, Standard Criteria in Measuring the Toxic Substances, Hazardous Process; Chapter 3: Control of Hazardous Substances at International Level; International Institutions; The United Nations Charter, 1945; U N Conference on Human Environment (UNCHE), Stockholm, 1972; General Assembly Resolutions, Penang Declaration, 1980, United Nations Environment Programme (UNEP); Vienna Convention for the Protection of Ozone Layer, 1985; Montreal Protocol on Substances that Deplete the Ozone Layer, 1987; Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989, Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal, 1999; London Guidelines for the Exchange of Information on Chemicals in International Trade, 1989, The Earth Summit, 1992, Kyoto Protocol, 1997, The 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, Stockholm Convention on persistent Organic Pollutants (POPs), 2004, Development of the Doctrine sic utere tuo ut alilenum non Ieadas: Journey from Stockholm to Rio; Chapter 4: Legal Regulation of Hazardous Substances at National Level; General Statutes; The Oriental Gas Company Act, 1857, The Indian Penal Code, 1860 The Indian Explosives Act, 1884, The Explosive Substances Act, 1908, The Destructive Insects and Pests Act, 1914, The Poisons Act, 1919, The Indian Boilers Act, 1923, The Petroleum Act, 1934, The Drugs and Cosmetics Act, 1940, The Factories Act, 1948, The Industries (Development and Regulation) Act, 1951, The Inflammable Substances Act, 1952, The Mines Act, 1952, Mines and Minerals (Regulation and Development) Act, 1957, The Water (Prevention and Control of Pollution) Act, 1981, The Motor Vehicle Act, 1988, Regulation under the Insecticides Act, 1968, Regulation under Environmental Legislation; The Environment (Protection) Act, 1986, Delegated Legislation Regulating Hazardous Substances under EPA, Hazardous Wastes (Management and Handling) Rules, 1989, Biomedical Wastes (Management and Handling) Rules, 1998, Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, Chemical Accidents (Emergency Planning, Preparedness and Responses) Rules, 1996, Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms of Cells Rules, 1989, Provision Relating to Transportation of Hazardous Substances Under the Central Motor Vehicles Rules, 1989, Provision Relating to Transportation of Hazardous Substances Under the Central Motor Vehi