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In the 1980s, a number of Indian legal activists sought out legal provisions which might be deployed to redress environmental claims. In an early decision which helped to unleash the genie of public interest litigation, Justice Krishna Iyer seized upon the criminal law doctrine of public nuisance, and sought to imbue it with 'the new social justice orientation' imparted by the Constitution. Thereafter, a new enthusiasm for public nuisance was joined. Judges and academics championed public nuisance as a vehicle for redressing government inaction, and proclaimed a new judicial sympathy for populist environmental movements. It became commonplace in legal circles to note that criminal law held great potential for environmental protection, but that it had never been properly arrayed against the forces of pollution and resource degradation. The doctrine of nuisance, it seemed, was innocent of historical usage: a moribund tool of 'ancient vintage' that could be pressed into useful service with only a modicum of jurisprudential polish. While it is true that there has been very little reported case law in the field of public nuisance since 1940, a closer examination of the historical record reveals a story of frequent convictions under the authority of colonial magistrates. Indeed, convictions for public nuisance were generally more common than under any other criminal category after 1870, representing the most frequent and systematic application of police power under colonial rule. And yet, current historiography has been virtually blind to this large coercive project, opting instead to stress organic processes of the longue duree or isolated points of quasiorganisational rebellion. Meanwhile, it seems that nuisance played a key role in the control of the environment and the experience of colonial rule. In light of recent concerns, then, it seems worth enquiring into the character of public nuisance in the colonial period, with particular attention to the role of the state in social conflicts involving environmental ...

This essay explores the Salish peoples' quest for protection of traditional culture through the legal protection of traditional fishing practices. Through a history of political confrontation, the politically symbolic and culturally significant issue of fishing rights came before the courts. In one case, the courts came to recognize the cultural import of traditional fishing and made provisions for enhanced fishing opportunities based on treaty rights. Paradoxically, implementation of the decision exacerbated internal divisions in Salish society and the integrity of the cultural community continues to disintegrate at an accelerated pace.

What is global studies? : a political and economic perspective / Michael R. Anderson and Stephanie S. Holmsten -- Historical foundations / Michael R. Anderson -- U.S. globalism and the present World order / Michael R. Anderson -- Key concepts and processes : empire and imperialism / Michael R. Anderson -- Key concepts and processes : development / Stephanie S. Holmsten -- Key concepts and processes : security / Michael R. Anderson and Stephanie S. Holmsten -- Key concepts and processes : sustainability / Stephanie S. Holmsten -- Key concepts and processes : governance / Stephanie S. Holmsten -- Case studies -- Introduction to the case studies -- Regional and global impacts of post-Gaddafi Libya / Brandon Gentry -- The anti-apartheid movement in the Western world : segregation, revolution, and the creation of a global civil society / R. Joseph Parrott -- The Treaty of Waitangi and the Waitangi Tribunal : globalization and decolonization in New Zealand / Sean Killen -- The causes and consequences of international migration : the view from Europe / John D. Graeber -- Patterns of fear : hegemony, globalization, and the U.S.-Japan trade conflict, 1971-1996 / John Taylor Vurpillat -- Globalization and transnational capitalism / Jerry Harris -- When weak states win : providing opportunities at the WTO / Stephanie S. Holmsten.

What is global studies? : a political and economic perspective / Michael R. Anderson and Stephanie S. Holmsten -- Historical foundations / Michael R. Anderson -- U.S. globalism and the present World order / Michael R. Anderson -- Key concepts and processes : empire and imperialism / Michael R. Anderson -- Key concepts and processes : development / Stephanie S. Holmsten -- Key concepts and processes : security / Michael R. Anderson and Stephanie S. Holmsten -- Key concepts and processes : sustainability / Stephanie S. Holmsten -- Key concepts and processes : governance / Stephanie S. Holmsten -- Case studies -- Introduction to the case studies -- Regional and global impacts of post-Gaddafi Libya / Brandon Gentry -- The anti-apartheid movement in the Western world : segregation, revolution, and the creation of a global civil society / R. Joseph Parrott -- The Treaty of Waitangi and the Waitangi Tribunal : globalization and decolonization in New Zealand / Sean Killen -- The causes and consequences of international migration : the view from Europe / John D. Graeber -- Patterns of fear : hegemony, globalization, and the U.S.-Japan trade conflict, 1971-1996 / John Taylor Vurpillat -- Globalization and transnational capitalism / Jerry Harris -- When weak states win : providing opportunities at the WTO / Stephanie S. Holmsten.

This paper forms part of a larger comparative study on Access to Environmental Justice in Asia and Africa. The project involves a comparison of seven cities (Accra, Bangalore, Cape Town, Karachi, Kuala Lumpur, Tokyo, and Xiamen), with a focus upon the extent to which citizens are able to use law and legal institutions to shape the physical environment in which they live. In the research project generally, and in this paper in particular, there is no normative statement of what 'justice' should entail. Rather, our preferred approach is to identify what types of environmental claims are made by citizens, and evaluate the extent to which those claims may be pursued, and are pursued, in a legal context. Nor do we adopt a restrictive definition of 'environment'. Since we are concerned mainly with the perceptions of activists and citizens's groups, the applicable definition of environment must have a subjective element – the environment is what people say it is. For the purposes of comparison, there is a commitment to examine at least four areas of concern: 1) land use and functional or public space, 2) quantity and quality of the water supply, 3) the quality of air, and 4) waste and waste disposal. The purpose of this paper is to examine the context in which the citizens of Bangalore can, and do, seek to use legal gateways to get environmental justice, in order to provide a springboard for further research under the Access to Environmental Justice project. It also offers thoughts on possible avenues for further enhancing access to environmental remedies. This account is based upon relevant legislation, newspaper accounts, and a series of personal interviews conducted by Amanda Perry in April-June 1995 and Michael Anderson in March 1996. Finally, it should be added that this paper represents a snapshot of work in progress, and that a more detailed set of findings will be published at a later date.