• Corporate Responsibility in Environment Protection Concerning Analysis of Freedom of Trade

    Nyaay Shastra (see profile)
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    Globalization has had an effect on the effectiveness of justice in countries all over the world. It connects and disseminates legal developments and debates taking place in one region of the world to another. The emergence of laws and concepts linked to Human Rights is the best example of this. The right to live in a healthy environment is one such human right and constitutional right too. With judicial interpretations and judicial activism, this right got new dimensions, and the scope also widened. The advancement of technology and opening of the economy led to much trade, and consequently, corporates started to exploit the ecology. Damage to the environment is directly damaging to life, and thus the need arose to regulate the corporate actions causing harm to the environment. Many international treaties were signed, conferences were concluded, and thereby domestic legislations were enacted. Then came the concept of corporate social responsibility towards the environment. While on the other hand, the other fundamental right is the freedom to trade, which is entrusted to the corporate houses. Now there is a conflict between two rights as to which right will prevail and the extent to which restrictions can be imposed upon the latter right to protect the environment.
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