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Tribhuvan University Old question of Environment Law LLM/II year/LAW

 

Tribhuvan University

2062

LLM/II year/LAW                           Full Marks: 100

Environment Law                            Pass Marks: 50

                                                          Time: 4 hrs.

Candidates are required to give their answers in their own words as far as practicable.

The questions are of equal value.

Attempt any SIX questions.

1.     “…… the legal status of concepts and principles varies. Some of them ………….. simply reflect the application of general international law principles to environmental issues. Others …….. are now widely considered to be part of customary international environmental law, and thus binding for all states. Other concepts and principles, however, probably can’t yet be viewed as customary international law.” Do you support the above statement? Explain the general and customary principles of international Environmental alw. Do you consider this law as a distinct body of law? Discuss.

2.     “The international environmental law making process offers a veritable mosaic of steps, initiated by different institutions.” Discuss this in the light of the role and involvement of different international institutions in the making of international environmental law.

3.     “Depletion of ozone layer and the climate change have been considered as one of the serious global environmental problem.” Do you agree? To what extent are you satisfied with the development of international environmental law in these areas? Examine.

4.     What do you know about the meaning and kinds of weapons? Explain the international environmental treaties that emphasizes to prevent, control or regulate such weapons for environmental protection.

5.     Define biological diversity. Shed light on the main provisions of the convention on biological Diversity 1992 and explain why the 2000 cartagena Biosafety protocol to the convention on Biological diversity has been adopted.

6.     “International instruction does not seek to give free trade priority over environmental protection, but neither does it endorse any general exception for environmental purposes.” Explain this in the light of the international environment instruments that intend to balance between free trade and environment. To what extent are you satisfied with the existing international environmental law in this area?   

7.     What do you know about the structure of international environmental law? Do you think that and individual, people, generation, animals or the environment enjoy or should enjoy environmental rights? Discuss this in the light of international environmental laws that have followed anthropocentric or econcentric or both approaches.

8.     Write short notes on any THREE of the followings:

a.     Environmental dispute settlement method

b.     Environmental justice

c.     Environmental law in time of armed conflict

d.     International environmental governance throught global organizations.

e.     Basel convention on the control of transboundary movement of Hazardous wastes 1989.


 

Tribhuvan University

2063

LLM/II year/LAW                           Full Marks: 100

Environment Law                            Pass Marks: 50

                                                          Time: 4 hrs.

Candidates are required to give their answers in their own words as far as practicable.

The questions are of equal value.

Attempt any SIX questions.

1.       “For all nations, law is one of the most important instruments for achieving environmental justice because the law defines public policies, set procedures and provides implementation mechanism. The achievement of environmental justice depends upon in discriminatory policies, laws, and programs and their effective implementation.” Do you support the above statement? Analyze the principles of environmental justice.

2.       What do you mean by biodiversity? What are the components of biodiversity? Why should Nepal conserve biodiversity? Analyze the legal measures adopted by Nepal to conserve biodiversity resources.

3.        “Culture do you mean by biodiversity? What are the components of biodiversity? Why should Nepal conserve biodiversity? Analyze the legal measures adopted by Nepal to conserve biodiversity resource.

4.       “Pollution is one of the factors causing environmental degradation.” Analyze the legal measures employed by Nepal and India I controlling air pollution in their respective jurisdictions.

5.       What do you mean by7 energy? What is the importance of energy? Why hydro-energy is considered as environmental-friendly? Examine.

6.       What do you know about public interest litigation (PIL)? Why PL and judicial activism have been considered as two sides of a coin? Evaluate the case of Surya Prasad Dhungel vs. Godavari Marble industries and others.

7.       What do you know about the settlement of environmental disputes? Examine the modes of settlement of environmental disputes. Compare the legal systems between Nepal and India or USA or UK or Australia.

8.       Write short notes on any THREE of the followings:

a.       Protection f freshwater resources.

b.       Noise pollution

c.       Human generated energy

d.       Environmental impact assessment

e.       Women’s role for environmental protection.

 

 Tribhuvan University

2064

LLM/II year/LAW                           Full Marks: 100

Environment Law                            Pass Marks: 50

                                                          Time: 4 hrs.

Candidates are required to give their answers in their own words as far as practicable.

The questions are of equal value.

Attempt any SIX questions.

1.       Is Environmental law a traditional law or a new development of law in Nepal? Shed light on the development of this law in Nepal and point out some of the characteristics of this law.

2.       Who has standing (locus standi) to file a case in matters of environment in Nepal, USA, UK and Australia? Taking note of the practices of these countries, which standing among traditional and liberalized - expanded standing do you suggest to settle environmental disputes in Nepal? Give suggestions to improve the existing legal processes in this context.

3.       “Environmental protection Act, 1997 was enacted to maintain clean and healthy environment.” Do you agree? Examine critically the provisions of the act and suggest, if any, for its improvements or new development of environment law.

4.       “the biological diversity of wildlife is increasingly threatened by pollution and range of activities…. As well as by the exploitation and destruction of habitats in Nepal.” Do you agree? Critically explain the implementation of convention of international trade in endangered species (CITES), 1973 in Nepal.    

5.       Define environmental pollution. Compare briefly the pollution control lanes of Nepal and India.

6.       Define environmental impact assessment and differentiate it with initial environmental examination and strategic environmental assessment critically comment on the related laws of Nepal.

7.       Explain the rights and duties of indigenous peoples in the use and exploitation f biological diversity in Nepal. Do you think that the existing laws in this area are adequate? Discuss.

8.       Write short notes on any THREE of the followings:

a)      Difference between tangible and intangible cultural heritage

b)      Sustainable mountain development

c)      Energy laws of Nepal

d)      Combating desertification

e)      Environmental justice.


 

Tribhuvan University

2065

LLM/II year/LAW                           Full Marks: 100

Environment Law                            Pass Marks: 50

                                                          Time: 4 hrs.

Candidates are required to give their answers in their own words as far as practicable.

The questions are of equal value.

Attempt any SIX questions.

1.       Is it proper to say that Environmental law has been developed in Nepal with the contributions of the international organization? Explain the type of Environmental law that has been developed recently and existed from ancient period in Nepal.

2.       “The Supreme Court of Nepal and India have interpreted the right to personal liberty to include the right to a wholesome – clean environmental.” Do you agree? Comment on the decisions of the counts of Nepal and India in the field of environment.

3.       Define and differentiate between natural and cultural heritage. Comment on the implementation of the convention concerning the protection of the world cultural and natural heritage, 1972 in Nepal.

4.       “Without the integration of energy law and environmental law, human society can’t meet the goals for sustainable development envisioned in the 1992 UNLED and 2002 Johannesburg WSSD.” Do you agree? Discuss the development and improvement of energy law in Nepal in the light of above paragraph.

5.       Is it correct to say that the pollution control laws of Nepal differs from the pollution control laws dealing with different pollution in India, UK and USA? Discuss the similarities and dissimilarities of such laws among these countries.

6.       Define and differentiate between environmental impact assessment, initial environmental examination and strategic environmental assessment. Examine critically on the legal provisions of the Environmental protection Act, 1997 of Nepal in this regard.

7.       What are the major groups and institutions involved in the management of environment in Nepal? Are you satisfied with the laws of Nepal in this field? Discuss.

8.       Write short note on any THREE of the followings:

a)       Alternative dispute Resolution mechanisms in environmental matters.

b)      Sustainable and use

c)       Environmental justice

d)      Protection of wetlands in Nepal  

e)       Energy law f Australia


 


 

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