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All Journal Indonesian Journal of International Law Lex Scientia Law Review
Kumar, Niharika
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Balancing Digital Rights with Environmental Sustainability: A Move Towards Climate Justice Chhachhar, Varun; Kumar, Niharika
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13679

Abstract

The rapid growth of digital technology has profoundly impacted both human lives and the environment. According to the 2024 Digital Economy Report: Shaping an Environmentally Sustainable and Inclusive Digital Future, India’s global share of screens, computers, and small IT and telecommunication (SCSIT) waste has increased from 3.1% in 2010 to 6.4% in 2022. The United Nations Conference on Trade and Development (UNCTAD) also reported a 163% increase in India’s generation of electronic waste from SCSIT. E-waste, due to the presence of hazardous materials like heavy metals, lead, and mercury, poses significant environmental and health risks, necessitating proper disposal methods. A key challenge is the growing reliance on digital technologies for essential services, such as e-commerce and e-banking. The expansion of human rights to include digital rights has created a conflict between the freedom of expression and the duty to protect the environment, especially regarding climate change. This article explores the extent of dependency on electronic devices, purchasing patterns, and attitudes toward responsible e-waste disposal and recycling. It examines the effectiveness of India’s current legal and policy framework for e-waste management, focusing on the informal sector’s recycling practices, which pose additional risks. Using empirical data collected from working professionals, students, and homemakers, the study finds that while electronic device ownership is widespread, with most respondents owning more than five devices, e-waste disposal practices are largely irresponsible. Discarded devices are often stored rather than recycled or sold to authorized collectors. This indicates a lack of awareness, resources, and proper infrastructure. The findings underscore the need for a comprehensive policy framework that mandates responsible usage and disposal, empowers municipalities with necessary resources, and penalizes illegal recycling practices.
Human Rights Concern in International Investment Law: A Study of Indian International Investment Agreements Chhachhar, Varun; Negi, Monika; Singh, Prashant; Kumar, Niharika
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The interaction of human rights and investment protection obligations in international investment law is on the rise. Human rights have been cited in claims and defenses of the parties and in the reasoning of the tribunals. Since majority of international investment agreements lack clarity and do not express the use of the term ‘human rights’, experts question the legitimacy of such usage. Given the alleged backlash and ongoing reforms in international investment law, the lack of human rights concern in international investment law needs proper investigation. This paper investigates the issue in the Indian context. After the adoption of its new Model Bilateral Investment Treaty in 2015, India has unilaterally terminated most of its international investment agreements and is negotiating new ones. This paper identifies the ways in which the issue of human rights is invoked in international investment law, with an analysis of the investment treaty practice of India using a doctrinal method. Indian international investment treaty practices before the 2015 Model BIT mostly did not include the term human rights, but the BITs signed post 2015 Model do expressly use the term human rights, albeit in the form of voluntary obligations. Additionally, India made human-rights based arguments and the tribunals did mention human rights in awards to which India was a party but the tribunals stressed upon the need to have express human rights provision in the treaty, which it mostly lacked.
Co-Authors Chhachhar, Varun Negi, Monika Singh, Prashant