Contextualising the application of RDS Decision in Indian Climate Change Litigation: Possibilities and Challenges
This paper discusses the implications of the Royal Dutch Shell Judgment within the Indian legal context, examining its potential effects and associated challenges.
I co-authored this research paper with Prof. Sanya Kishwar, Prof. Chaya Bhardwaj, KritikaVatsa and Bharat Khurana. It has been published by the Sustainability and Climate Change (SCOPUS Indexed Journal), Vol. 17, Issue 1.
This paper discusses the implications of the Royal Dutch Shell Judgment (Milieudefensie and Ors. v. Royal Dutch Shell plc) within the Indian legal context, examining its potential effects and associated challenges. The global influence of the Dutch Court’s ruling extends to Shell Group subsidiaries in India, with implications for the country’s fossil fuel industries, particularly those affiliated with the Shell Group. The Indian legal system may domestically apply, fully or partially, the Dutch decision under the national legal framework or in accordance with international legal norms. This application, however, is filled with political, legal, and jurisdictional challenges. Regardless, the broader impact of the Royal Dutch Shell decision is anticipated to transcend national boundaries, catalyzing a series of climate litigation cases in various jurisdictions.