Volume 13, Issue 03

Perspective of Government Officials on Solar Energy in the Commercial Sector in India

Meenal Jain, Ph.D.1*, Meenakshi Mital, Ph.D.2 and M. G. Matt Syal, Ph.D.3

1 Assistant Professor, Department of Resource Management and Design Application, Lady Irwin College, University of Delhi, Sikandra Road, New Delhi, India.
2 Associate Professor, Department of Resource Management and Design Application, Lady Irwin College, University of Delhi, Sikandra Road, New Delhi, India.
3 Professor, Construction Management, School of Planning, Design and Construction, Michigan State University, East Lansing, MI, USA

Volume 13, Issue 03, Pg. 11-24 (2020)

Abstract: Today, India can well be identified as an energy guzzler. The demand for power is increasing exponentially and the scope of growth of this sector is immense. India’s energy consumption has almost doubled since the year 2000 and the potential for further rapid growth is massive. India has been dependent on fossil fuels such as coal, oil, and gas for its energy requirements. Fossil fuel reserves are diminishing rapidly across the world, intensifying the stress on existing reserves day-by-day due to increased demand. Owing to its location between the Tropic of Cancer and the Equator, India has huge solar potential. Ministry of New and Renewable Energy (MNRE) is the nodal ministry of the Government of India at the central level for all matters relating to new and renewable energy. Government, being the main regulatory body, is promoting the use of renewable energy in general and solar energy in particular in the country by their policies, programs and incentives to achieve energy security in a sustainable manner. The study is significant as it makes an attempt to understand the initiatives from the stakeholders’ perspective in terms of their awareness, accelerators, barriers and satisfaction level regarding these policies, programs and incentives. The study also envisaged understanding the impediments in implementing these initiatives from the perspective of the government and generating a framework for better acceptance and implementation of such initiatives.

Keywords: Commercial establishments; Government officials; Solar Energy

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Post Occupancy Evaluation to Assess Multifamily Residential Building Energy Performance in India

*Chaitali Basu 1*, Virendra Kumar Paul 2, M.G. Matt Syal 3, Gazal Dandia 4

1Assistant Professor, Department of Building Engineering and Management, School of Planning and Architecture, New Delhi 110002, India.
2Professor & Head, Department of Building Engineering and Management, School of Planning and Architecture, New Delhi 110002, India.
3Professor, Construction Management Program, School of Planning, Design and Construction, Michigan State University, East Lansing, MI 48824. USA.
4Master’s Degree student, Department of Building Engineering and Management, School of Planning and Architecture, New Delhi 110002, India.

Volume 13, Issue 03, Pg. 25 – 44 (2020)

Abstract: Post-Occupancy Evaluation (POE) is defined as the process of systematically comparing a building’s actual performance measures with explicitly stated performance criteria. POE is widely recognised as being central to addressing the performance gap between design intentions and the actual outcomes of an occupied building. This performance gap is often arising from miscommunication and over-prediction of the building’s performance targets in the design stage. This gap also arises due to incorrect methods, tools, and input data for modelling and simulation. Conventionally, the evaluation of housing performance consisted of either physical monitoring or user satisfaction surveys, except that these two do not provide a comprehensive picture. POE is a systematic process for collecting and analyzing occupant feedback. Past research has highlighted occupant’s behaviour as a major issue i.e. how occupants operate equipment and how they adjust to the internal conditions that may vary from design assumptions.

The primary goal of this research is to evaluate the application of POE to assess an Indian Green Building Council’s (IGBC) Green Homes Certified multifamily residential building in India. The building is in the city of Jaipur, a composite climate zone, and its performance gap was assessed one-year post-occupancy. The methodology comprised of performing energy simulation of three cases on eQuest: a Base-case model based on IGBC Green Homes base-case parameters, as constructed case based on Green Homes Certification parameters, and as- occupied case based on POE data analysis. The annual energy consumption from the simulation of the three cases is compared to measure the performance gap. The findings indicate a very interesting departure from the general observation of the majority of literature which states a negative ‘performance gap’ or overutilization between base-case, and as-constructed and as- occupied buildings. In this study, a positive performance gap emerges, i.e. the as-occupied building performs better than the as-constructed. The positive performance gap mainly emerges due to variations in occupancy numbers, and occupancy schedules, equipment usage, equipment power density (EPD), and artificial lighting usage and schedules. These indicate a certain change in urban lifestyles. The concept of positive performance gap is an unexplored area of research in the residential sector which indicates the significance of occupant feedback. This study provides a basis to further analyze post-occupancy behavioural studies to understand this positive performance gap.

Keyword: Performance gap, Post-occupancy evaluation, Green Buildings, Green Homes, Occupant feedback Annual energy consumption

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Measuring the Strength of Sustainability in India’s New Model Bilateral Investment Treaty 2015: A Legal Discourse
Rashmi Patowary
Jindal Global Law School, O.P. Jindal Global University, Sonipat – Haryana, India.

Volume 13, Issue 03 Pg. 45-60 (2020)

Abstract: This research addresses the question; does the Indian Model Bilateral Investment Treaty (BIT) 2015 encourage parties to promote Sustainable Development (SD)?  In other words, does the Model BIT 2015 integrate SD objectives into the investment rules to actively promote sustainable investments? Given the word constraints of the present work, the analysis has been made from the examination and review of selective substantive provisions, namely – the Preamble, Definition of Investment, Expropriation, Corporate Social Responsibility (CSR) and General Exceptions. This work is a step forward in understanding better how well the substantive dimension of India’s Model BIT integrates SD objectives.

The work consists of five sections; each section is dedicated towards the analysis of one of the aforementioned provisions. The analysis of every single provision begins with a brief insight on the relevance of the provision toward the integration of SD objectives. Secondly, the analysis makes a comparative study of the provision under scrutiny in India’s Final Model 2015 with India’s Model BIT 2003 and India’s Draft Model BIT 2015. The focus here is on the change in the language of the treaty text to reveal the intention of the drafters. The analysis also studies the comments made by the Law Commission in their Report No. 260 to see to what extent, their suggestions were incorporated in order to shed light on the intention of the legislators and thus, achieve clarity on the purpose of the provision under evaluation. The third and final stage of the analysis assesses the treaty text in the light of the contentious issues surrounding each of the provisions, which may be a prospective challenge in the integration of SD objectives. This involves attempts to estimate the efficacy of the treaty language at the backdrop of the trends set by tribunals and viewpoints of various scholars. This will help in understanding the potential of the provision in furthering SD objectives.

Keywords: Bilateral Investment Treaty; Corporate Social Responsibility; Expropriation; Investment; Sustainable Development.

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Africa Free Trade Area foretold: A reflective analysis of Kwame Nkrumah’s views for Africa in line with the benefits of the agreement establishing the African continental free trade area
Edwick Murungu
Africa Leadership University, Kigali Heights, Kigali, Rwanda.

Volume 13, Issue 03, Pg. 61-70 (2020)

Abstract: Kwame Nkrumah was the Moses of Africa whose mission was to lead Africa into the promised land free of poverty through consolidation. During his reign as the President of Ghana, he advocated for African unity from a political and economic paradigm.  Through his speeches and writings, he exuded this passion for Africa’s integration, leaving his footprints on African history. Nkrumah’s ideology sought to address the concerns of African emancipation, empowerment, economic freedom, identity, cultural norms, and patriotism. This paper reflects and analyzes how the ideas enunciated by the visionary Pan-Africanist Kwame Nkrumah are incorporated in the Agreement establishing African Continental Free Trade Area (AfCFTA). The economic integration agreement came into effect on 30 May 2019, potentially bringing Nkrumah’s ideas to fruition to the benefit of the African Continent.

Keywords: Africa, Free Trade, Kwame Nkrumah, Pan-Africa, AfCFTA-African Continental Free Trade Area

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Organized private sector agricultural contributions towards food security in a multinational oil and gas region of Nigeria
Ben-Chendo, G.N.,1 Ogueri, E.2 and Uzoho, B.U 3
1Department of Agricultural Economics, 2 Department of Agricultural Extension and 3 Department of Soil Science
Federal University of Technology, Owerri, Imo State, Nigeria.

Volume 13, Issue 03, Pg. 71-78 (2020).

Abstract: This research examined Organized Private sector agricultural contributions towards food security in oil and gas region of Nigeria with strategic role to address unemployment and poverty. Specific objectives were to assess main contributions of organized private sector agriculture to food production, look out for possible influence of multinational industries in the Niger Delta and to ascertain individual farmers and group benefits from private sector agriculture. Multi stage sampling technique (purposive and random) was adopted in selecting 120 respondents. Questionnaire, Interview and focused group discussion were used to collect data for analysis. Descriptive statistics were used to analyze socio economic characteristics while four point Likert scale was used to evaluate benefits. Mean of ≥ 2.5 was adjudged acceptable, while a mean ≤ 2.5 was not accepted. Influence of Multinational agricultural services was positively deduced using the Focused Group Discussion. Findings showed absence of synergy between public and private sector agriculture in addressing food security in Nigeria. Organized Private sector agriculture had actually provided employment (mean of 3.4), capacity development (3.4), ensuring availability of food during (3.8), increase in agricultural produce (3.7), transfer of agricultural techniques (3.4) and Agricultural produce farm price reduction (3..4). Problem of food insecurity and unemployment will be addressed by encouraging organized private sector agriculture. Recommendations: Organized private sector agriculture should play roles in Nigerian Economic Development road-map to create employment and sustainable food production. Indigenous agricultural extension system should be encouraged as synergy to leverage on available opportunities in Niger Delta.

Keywords: food; insecurity; oil and gas; poverty; unemployment

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“Sustainable Fashion” and Water Pollution: A Constitutional Analysis of Enforcing the Use of Organic Raw Materials for Dying in the Fashion Industry
Filzah Belal 1, Kahaan Mehta 2
1 National Law University and Judicial Academy, Assam, India.
 2 Symbiosis Law School, Pune, India.

Volume 13, Issue 03, Pg. 79-90 (2020)

Abstract: The Fashion Industry is the second largest polluter of river bodies. The major reason for this is the harmful chemicals used in the dying, colouring and bleaching processes of fabrics. The toxicity of the synthetic chemical dye used, which includes corrosive ingredients like zinc, formaldehyde, Chromium IV, poses threat to the environment, workers and consumers in the form of various health hazards. By virtue of such harm, the industry, through the processes it undertakes and the toxicity it discharges into water bodies violates several statutory and Constitutional provisions which will be addressed in this paper.

Apart from violating labour laws and environmental laws, the industry also challenges Fundamental Rights of citizens including the ubiquitous Right to Life guaranteed under Article 21 of the Constitution of India which extends to not only the dependants on the (polluted) river bodies, but also workers who come in contact with these chemicals. The usage of toxic ingredients and the process undertaken to dye fabric not only leads to injury to the workmen, which resultantly denies them the right to a safe and hazard-free workplace, but the discharge of the same leads to pollution of water bodies and therefore, violating the right to clean water included under Article 21.

Moreover, India’s Constitution has imbibed in it the Directive Principles of State Policy, placing duty on the State to protect the natural resources for future generations, which is the crux of ‘sustainability’. The question which will be explored is whether there can be a balance between trade, human rights and environment in practice if fashion industries become ‘sustainable’.

Water Pollution in the India is governed mainly by the Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Act, 1986. Industries in India require ‘Consent to Establish’ before they are set up and ‘Consent to Operate’ before they start manufacturing. For purpose of both of them, it must be shown to the authorities that the said factory or unit will not release harmful effluents, or, where permitted, it will only release such effluents up to a prescribed limit. Prevention of violation of laws will be examined in this paper if sustainable ingredients and methods are employed by the fashion and textile units for dyeing.

The nexus between water pollution and climate change in the context of dyeing is that highly contaminated water discharge not only disseminates effluents into the water but also raises temperature of the water bodies. However, the private companies globally have now come together to contribute their part in achieving the goals of climate change under the Paris Agreement. The ‘Fashion Industry Charter for Climate Change’ is an initiative by them (including ‘raw materials’ as an area of work), and perhaps use of natural products can be an effective alternative. This will be discussed in this paper by creating parallels between water pollution and climate change and how natural ingredients can reduce both, as well as profit the companies.

In the quest of such ‘sustainable fashion’, the concept of ‘sustainable development’ is promoted, which has now become a phenomenon recognized by the law. At the same time, reducing pollution in water bodies can contribute in attaining SDG #14 for improving the marine life which is an international obligation for India. Through precedents and legislative history as well as local examples such as case studies based on Rajasthan’s block painting and Assam’s Sualkuchi wherein organic materials are used for dying of clothes, the paper will show how this environment friendly alternative can also empower small scale industries to pave way for economic growth and attempts to resolve environmental concerns at the same time.

Although these will form hurdles for the industries in their pursuit to want to carry out their activities freely, the focus is on how it can be seen as a practical alternative, especially in the wake of sustainable fashion among consumers to save the environment and various forms of life. This also brings us to the core of this debate – whether the Fundamental Right of Freedom to ‘practise any profession, or to carry on any occupation, trade or business’ is violated through such policy which is drawn up to protect the Right to Life, and the even more pressing question is – if so, on what basis does either Fundamental Right get precedence over the other when the Supreme Court of India has itself ruled that the two rights are not mutually exclusive.

The aim is to help move past the legal crossroads which are holding up the process for a step close to a better world where environment and human rights are both protected without causing any harm to trade. Merely shutting down units for environment pollution is not the solution; we must find a way through which ‘sustainable fashion’ resonates sustainable development while acting within the constitutional limits.

Keywords: Climate Change, Constitution of India, Dyeing, Water Pollution, Sustainable Fashion.

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