TY - JOUR
T1 - Environmental Constitutionalism in South Asia
T2 - Analyzing the Experiences of Nepal and Sri Lanka
AU - Gellers, Joshua C.
N1 - Gellers, J. C. (2015). Environmental Constitutionalism in South Asia: Analyzing the Experiences of Nepal and Sri Lanka. Transnational Environmental Law, 4(2), 395–423. doi:10.1017/S2047102515000114
PY - 2015/10
Y1 - 2015/10
N2 - Why do some countries adopt constitutional environmental rights while others do not? This article uses qualitative content analysis of interviews conducted in Kathmandu (Nepal) and Colombo (Sri Lanka) to analyze the cases of Nepal, which adopted a constitutional environmental right in the 2007 Interim Constitution, and Sri Lanka, which has not enacted such a right in any of its governing charters. It finds that the presence of a constitutional environmental right in Nepal and the absence of such a right in Sri Lanka can be best explained directly with reference to domestic political conditions and structures, and indirectly in terms of the international normative environment in which the constitution was written. The article outlines a research agenda which focuses on evaluating the impacts of constitutional environmental rights. This research provides important insights into the process of constitutional design in developing states and the translation of international norms in domestic contexts.
AB - Why do some countries adopt constitutional environmental rights while others do not? This article uses qualitative content analysis of interviews conducted in Kathmandu (Nepal) and Colombo (Sri Lanka) to analyze the cases of Nepal, which adopted a constitutional environmental right in the 2007 Interim Constitution, and Sri Lanka, which has not enacted such a right in any of its governing charters. It finds that the presence of a constitutional environmental right in Nepal and the absence of such a right in Sri Lanka can be best explained directly with reference to domestic political conditions and structures, and indirectly in terms of the international normative environment in which the constitution was written. The article outlines a research agenda which focuses on evaluating the impacts of constitutional environmental rights. This research provides important insights into the process of constitutional design in developing states and the translation of international norms in domestic contexts.
KW - Environmental rights
KW - Constitutional design
KW - International norms
KW - Sustainable development, Nepal, Sri Lanka
UR - https://www.cambridge.org/core/journals/transnational-environmental-law/article/div-classtitleenvironmental-constitutionalism-in-south-asia-analyzing-the-experiences-of-nepal-and-sri-lankadiv/D22EA463EEFB3438695662D307A8ED88
U2 - 10.1017/S2047102515000114
DO - 10.1017/S2047102515000114
M3 - Article
SN - 2047-1025
VL - 4
SP - 395
EP - 423
JO - Transnational Environmental Law
JF - Transnational Environmental Law
IS - 2
ER -