Law and mitigation: A comparative analysis of Moroccan and Indian Legal systems

¹ Symbiosis Law School, Pune, Symbiosis International (Deemed University), Pune, Maharashtra, 411014 India
² Symbiosis Law School, Pune, Symbiosis International (Deemed University), Pune, Maharashtra, 411014 India

^* Corresponding author: saap.mrayar@gmail.com / natasha.martin@symlaw.ac.in

Abstract

There has been international recognition of the burgeoning climate change crisis, with numerous conventions attempting to foster collaboration and cooperation between countries. However, it has been established that there exists a discrepancy, with certain countries historically polluting more, while other countries bear the brunt of these erratic changes with specific categories of people having to bear even more. Through this there arises a requirement to analyze the efforts countries make to alleviate climate change, especially their interaction with other nations in terms of forming alliances or adopting similar measures. The utopian ideation behind law is to provide a voice for the voiceless and to safeguard the interests of the masses. Though corruption and sheer inefficiency has riddled this powerful tool with deficits. The current rate of environmental degradation demarcates the failure of the law, as marginalized communities continue to face mass discrimination and struggle to mobilize to courts. It is important to understand the bodies involved in governance and the unique manner in which an issue gets addressed through the system. Only through this understanding can gaps be bridged and functional legislation enacted. Moreover, as there is a shift in global politics and a need to deconstruct Western hegemony, it is crucial to understand the Global South’s perspectives in dealing with the contention of climate change. In particular, countries like India and Morocco that are distinct but share certain common intricacies as developing countries with torrid pasts. This paper aspires to explore and examine Indian and Moroccan environmental acts or laws towards protection in juxtaposition to the surmounting levels of pollution.