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Research Paper Volume 9 Issue 1 115 - 122 January 26, 2026

Global Climate Justice and Local Environmental Law: Indian Case Presentations of the Vantara Case

Lead author · Corresponding
Prateek Tripathi
LL.M. Student at National Institute of Securities Market (NISM), India
Abstract

The paper examines the international environmental and climate governance through critical legal vulnerabilities in the case of Vantara, which includes a 2025 Supreme Court investigation that indicates the inability of world legal systems to be susceptible to vulnerability. The study finds three interrelated gaps in the law, firstly, the lack of international recognized modalities to assign carbon credits to the conservation of wildlife, the apparent exposure of fundamental disparities in the transfer of carbon markets into biodiversity conservation; secondly, widespread structural flaws in the application of CITES, such as negative-list structure, insufficient non-detrimental findings, and nonreporting structures and capability to enforce covenants on the disproportionate application of developing countries; lastly, inconsistency in legal regimes across various jurisdictions to endorse carbon rights, indigenous free prior and informed consent Further discussion above shows that the implementation of the article 6 of the Paris Agreement has loopholes since it, though defining the mechanisms of international cooperation, does not offer the appropriate capacity building and ensures that developing nations have a one-sided access. The paper uses the 2025 advisory opinion on climate obligations by the International Court of Justice as a demonstration of binding matters that should be addressed with a multilateral reform guided by the UNIDROIT standardization, national implementation through the harmonization process for the adhesion to necessary rules and based on the protection of the indigenous and local communities. The Vantara case is a tangible example of how these abstract legal loopholes are reflected on the ground and how urgent the creation of coherent international legal frameworks that correspond to climate justice principles are in their regard to the effective work of environmental regulation and responsibility of the state.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 115 - 122
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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