Editorials/Opinions Analysis For UPSC 10 November 2026

Legacy IAS Academy · Editorials, Opinions & Explained

Editorials & Explained — 10 November 2026

The most exam-relevant op-ed, ideas & explainer pieces · mapped to the syllabus · a Mains question with each
The Hindu · Op-Ed The Indian Express · Opinion
Editorials, Opinions & Explained2 Items
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OpinionsSigned Op-Eds & Ideas Columns
01

Suing Carbon Majors for Himalayan Floods: The Case for Climate Litigation by Nepal’s Flood Victims

Core Topic Opinion GS-III · Environment — Climate Change, Disaster Management GS-II · International Law & Institutions Prelims + Mains The Hindu · Op-Ed (Manoj Kumar Sinha & Anwar Sadat)

After the August 2026 floods in Nepal, which the authors attribute largely to climate change, the article argues that victims in the Tibet–Nepal border districts could follow plaintiffs in Europe and the U.S. and sue large private greenhouse-gas emitters in their home courts.

◈ From the Basics — What Is Climate Litigation?

Climate litigation means using courts to compel action on climate change, or to obtain compensation for its harms. Cases fall into two broad types: suits against States for weak climate policy, and suits against corporations (“Carbon Majors”) for their contribution to emissions.

  • Tort law: the branch of civil law on wrongs causing harm (negligence, nuisance). The remedy is usually damages (money) or an injunction (an order to act or stop acting).
  • Duty of care: a legal obligation to avoid conduct that foreseeably harms others.
  • Causation: the plaintiff must link the defendant’s act to the harm. Courts traditionally require a “direct and proximate” link, the hurdle the authors flag.
  • Locus standi (standing): the right to bring a case. Here it requires showing that the plaintiff faces a risk distinct from the general population.
  • Attribution science: a field of climate science, sometimes called extreme event attribution, that estimates how much climate change increased the likelihood or intensity of a specific flood, heatwave or drought.
The Authors’ Argument
  • The causation problem: an emitter’s failure to cut emissions only adds to global cumulative GHGs. Harm therefore reaches victims diffusely and through other factors such as exposure, vulnerability and resilience.
  • Identifying a specific victim group: people in the Trishuli and Bhote Koshi basins have faced Glacial Lake Outburst Floods (GLOFs) for three decades. This sets them apart from the general population and gives them standing.
  • Imminence of risk: research on the Tibet Autonomous Region shows glacial lakes growing in area and number since 2010. This, the authors suggest, may meet the legal threshold of an imminent catastrophe.
  • Judicial trend: although there is no binding precedent, courts are increasingly aware of the duties of large emitters. Litigation is therefore worth pursuing even if victory is uncertain.
▤ Landmark Cases Cited — and Their Holdings
  • Lliuya v. RWE (Germany): Saúl Luciano Lliuya, a farmer from Huaraz, Peru, sued the German energy company RWE under German private nuisance law over a GLOF risk from Lake Palcacocha. He claimed that RWE’s coal-power emissions had destabilised Andean glaciers about 5,000 miles away. On 28 May 2025, the Higher Regional Court, Hamm held that a large emitter can, in principle, be liable in proportion to its contribution and that German civil law can reach transboundary climate harm. The specific claim was dismissed because the flood risk to his property was not shown to be sufficiently imminent.
  • Milieudefensie v. Royal Dutch Shell (Netherlands): in 2021, the Hague District Court ordered Shell to cut emissions by 45% by 2030 (from 2019 levels). In November 2024, the Court of Appeal set aside the specific 45% target. It nonetheless confirmed that, under Dutch tort law’s unwritten standard of care and human rights norms, major emitters have an obligation to limit emissions.
  • Asmania et al. v. Holcim (Switzerland): four residents of Pari Island, Indonesia, sued the Swiss cement major Holcim in the Cantonal Court of Zug (filed 2023). They seek compensation for current and future damage, funding for adaptation, and emission reductions.
Figure 1 — The Chain of Causation, and the Legal Hurdle at Each Link
Emitter’s GHG emissions Cumulative global warming Glacier retreat, lake expansion GLOF / flood risk rises Harm to identified victims Share of blame Proportional contribution (accepted at Hamm) Diffuse harm Emissions mix globally — no “direct” link Attribution Science must link warming to this glacier & lake Imminence Is the risk concrete enough? (Lliuya failed here) Standing Victims distinct from general population Cross-cutting hurdles: forum & jurisdiction · enforcement of foreign judgments · cost and duration of litigation · access to evidence
Each link in the chain must survive judicial scrutiny. Recent European rulings have eased the first link (proportional responsibility) but kept the bar high on imminence of risk.
Static Background — The Himalayan Hazard
  • GLOF: a sudden release of water when a moraine- or ice-dammed glacial lake breaches its dam. It may be triggered by an avalanche, landslide, earthquake or heavy rain.
  • Trishuli and Bhote Koshi rivers originate in Tibet and cross into Nepal. Both are tributaries of the larger Gandaki (Narayani) and Koshi systems that flow into the Ganga. A GLOF upstream in Tibet can strike Nepali valleys with very little warning.
  • ICIMOD’s 2023 HI-WISE assessment found that Hindu Kush Himalaya glaciers lost mass about 65% faster in 2011–2020 than in the previous decade. It projected losses of up to 80% of volume by 2100 under high-emission pathways.
  • Indian parallels: the Kedarnath disaster (2013), the Chamoli (Rishiganga) flood (2021), and the South Lhonak GLOF in Sikkim (October 2023), which breached the Teesta-III dam.
Static Background — Where the Law Stands
  • Inter-State regime: the UNFCCC (1992) rests on Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC). Article 8 of the Paris Agreement (2015) recognises loss and damage, but the accompanying COP decision (Decision 1/CP.21, para 51) states that it provides no basis for liability or compensation.
  • Loss and damage finance: the Warsaw International Mechanism (COP19, 2013) was followed by the Fund for Responding to Loss and Damage, agreed at COP27 (2022) and operationalised at COP28 (2023). It is voluntary and makes no admission of fault.
  • Customary principles: the no-harm principle (Trail Smelter arbitration, 1941; Stockholm Principle 21; Rio Principle 2) and the polluter-pays principle (Rio Principle 16).
  • Advisory opinions: ITLOS (May 2024) held that GHG emissions are marine pollution under UNCLOS. The International Court of Justice (23 July 2025) advised that States have binding climate obligations under treaties and customary law, and that breach may engage State responsibility.
  • Rights-based rulings: Urgenda v. Netherlands (2019); KlimaSeniorinnen v. Switzerland (ECtHR, April 2024) under Article 8 ECHR; and in India, M.K. Ranjitsinh v. Union of India (April 2024), in which the Supreme Court recognised a right against the adverse effects of climate change under Articles 14 and 21.
  • Nepal: Article 30 of the Constitution of Nepal (2015) guarantees a right to a clean environment, including the victim’s right to compensation from the polluter. In Shrestha v. Office of the Prime Minister (2018), Nepal’s Supreme Court directed the Government to enact a climate change law.
Why the Argument Matters
  • Climate justice: Nepal’s own emissions are negligible, yet it bears severe cryosphere risks. Litigation targets the historical responsibility of high emitters.
  • Filling a gap: because the inter-State regime excludes liability, private-law suits against corporations become one of the few routes to compensation.
  • Norm-building: even lost cases (like Lliuya) shift legal doctrine. Hamm’s acceptance of proportional liability for distant harm is itself a precedent-in-making.
  • Corporate accountability: these cases raise the legal and reputational cost of emissions, and they shape disclosure and transition plans.
The Critical View
  • Imminence is the binding constraint: Lliuya failed on this point despite favourable principles. Nepal’s plaintiffs would need site-specific hazard modelling, not general glacier trends.
  • Small shares, small awards: proportional liability means each emitter pays only its fractional share, so many suits against many defendants would be needed.
  • Forum and enforcement: the friendly forums are in Europe. Suing state-owned emitters raises sovereign immunity issues, and enforcing foreign judgments is slow.
  • Capacity and cost: poor mountain communities need legal aid, expert evidence and transnational NGO support. Without these, the right remains theoretical.
  • Adaptation cannot wait: litigation is slow. Early-warning systems, lake-lowering and hazard zoning must proceed regardless.
  • A double-edged sword for South Asia: a broad doctrine of emitter liability could, in time, also be invoked against large emitters from developing countries.
Way Forward
  • Build attribution and hazard-mapping capacity for transboundary glacial lakes, including joint monitoring with China and data-sharing through ICIMOD.
  • Pursue parallel tracks: litigation, the Loss and Damage Fund, and reliance on the ICJ advisory opinion in diplomacy.
  • Domestic legal reforms: strengthen Nepal’s climate change and environment laws, and provide legal aid to affected communities.
  • Regional learning: India’s NDMA GLOF guidelines (2020) and GLOF risk-mitigation work offer a template for South Asian cooperation.
✎ Mains Practice Question

The international climate regime recognises loss and damage but rejects liability. In this context, examine whether private climate litigation against major emitters can offer climate justice to vulnerable Himalayan communities. What are its limitations? 15 marks · 250 words

02

Behind the Global Wave of Protests: Commodification, Precarity and Polanyi’s ‘Double Movement’

Core Topic Opinion GS-I · Society — Effects of Globalisation, Social Movements GS-II · Developments in Other Countries GS-IV · Thinkers & Ethics of Markets Mains-oriented The Indian Express · Op-Ed (Amit Julka)

From France and Albania to Brazil and the U.S., protests are often explained away as youth frustration or anger at corruption. The author argues that a deeper, structural cause links them: the marketisation of every part of life, which leaves millions of people economically precarious.

◈ From the Basics — Karl Polanyi and The Great Transformation (1944)

Karl Polanyi (1886–1964) was a Hungarian-Austrian economic historian. In The Great Transformation (1944), he argued that the 19th-century attempt to build a self-regulating market was a historical exception. It tore social life apart and helped produce the crises that led to fascism and the World Wars.

  • Embeddedness: in most of history, the economy was embedded in social relations such as kinship, religion and community. Market society reverses this, so that society comes to be run as an adjunct to the market.
  • Fictitious commodities: land, labour and money are treated as commodities, though they were never produced for sale. Subjecting them fully to market prices destroys nature, people and livelihoods.
  • Double movement: every push to expand markets (first movement) provokes a counter-movement in which society protects itself through unions, labour laws, welfare and regulation.
  • The counter-movement can be democratic (welfare state, social protection) or authoritarian. Polanyi read the rise of fascism as a destructive form of it.
◈ Key Concepts, Explained
  • Neoliberalism: the policy paradigm since the 1980s that favours deregulation, privatisation, free trade and fiscal restraint. It was codified for developing countries in the Washington Consensus (1989).
  • Commodification: turning something previously outside the market (water, housing, beaches, public spaces) into a good that is bought and sold.
  • Rentier economy: an economy in which income comes increasingly from owning assets (property, platforms, IP) and charging rent for access, rather than from producing goods. The author’s line that people now “rent” rather than own captures this.
  • Precariat: a term popularised by Guy Standing (2011) for workers without job security, stable incomes or social protection, such as gig and contract workers.
  • Financialisation: the growing weight of financial markets and motives in the economy. It makes governments sensitive to bond markets and to capital flight.
  • Collective action problem: when one country acting alone (e.g., by taxing capital) risks losing investment, no country acts, even if all would gain from acting together.
The Author’s Argument
  • Routine explanations are inadequate: labels such as “disorder”, frustrated youth or anti-corruption anger describe the protests but do not explain them.
  • France: protests grew out of accumulated frustration, including rent pressure, rising bills and alienation. Officials blamed foreign interference or schools. The unrest at first lacked a clear ideology, until trade unions gave it organised form.
  • Albania: opposition to a seaside resort project linked to the U.S. President’s family grew into a national movement against privatising the coastline. The author reads “corruption” and “cost of living” as masks for a structural problem: the commodification of land and public space.
  • Brazil: the author attributes the incumbent’s electoral success to a mass campaign for a 40-hour work week. In his reading, the promise that markets would build a middle class has worn thin.
  • United States: the November 2026 midterms are read as a revolt against inflation and the administration. However, the author notes that the challenge for progressive candidates comes as much from their own party establishment as from rivals.
  • The coming risk: a possible global financial crash driven by over-investment in AI could deepen precarity. Governments are constrained by international finance, so national solutions may not be enough. The author argues that popular movements must therefore become internationalist.
Figure 1 — Polanyi’s Double Movement Applied to Today’s Protests
1 · Market expansion Privatisation of land, housing & coastlines Labour flexibilisation Financialisation 2 · Social dislocation Rent & cost-of-living squeeze Job insecurity (precariat) Shrinking middle class Loss of public spaces 3 · Counter-movement Street protests (France) Anti-privatisation (Albania) Work-hour demands (Brazil) Electoral revolt (U.S.) Democratic re-embedding Social protection, labour rights, regulation of rent & public goods Disorderly / authoritarian turn Scapegoating, polarisation, erosion of democratic norms Polanyi’s warning: which path a counter-movement takes depends on how institutions respond
The author’s cases fit the first three boxes. The policy question is whether governments steer the counter-movement towards re-embedding markets in social protection, or leave it to disorder.
Static Background — Earlier Waves of Protest
  • Arab Spring (2010–11): began in Tunisia and was driven by unemployment, food prices and authoritarian rule.
  • Occupy Wall Street (2011): followed the 2008 global financial crisis; its slogan of the “99%” drew attention to inequality.
  • Gilets jaunes, France (2018): triggered by a fuel tax, it grew into a wider revolt over the cost of living.
  • South Asia: Sri Lanka’s Aragalaya (2022) amid an economic collapse; Bangladesh (2024), starting from protests over job quotas; and Nepal’s youth-led protests (September 2025), triggered by a social-media ban. In each case, government change followed.
  • Common thread: a young population, scarce secure jobs, rising living costs and digital mobilisation.
Why It Matters for India
  • Demographic pressure: India’s young workforce makes quality job creation and affordable urban housing central to social stability.
  • Platform and gig work: the Code on Social Security, 2020 (in force since 21 November 2025) recognises gig and platform workers, a policy response of the kind Polanyi described.
  • Welfare architecture: food security under the NFSA, 2013, DBT and housing schemes act as social buffers. Their design and fiscal sustainability matter.
  • Neighbourhood instability: unrest in Sri Lanka, Bangladesh and Nepal has had direct security and diplomatic consequences for India.
The Critical View
  • Markets have also delivered: by World Bank estimates, extreme poverty fell from over a third of the world’s population in 1990 to under a tenth by 2019, largely through market-led growth in Asia.
  • Corruption is not merely a mask: rent-seeking and crony privatisation are themselves part of the problem. Governance reform and market reform can go together.
  • Multiple causes: identity politics, social-media dynamics, demographic bulges and local triggers also shape protests. A single economic lens risks over-generalising.
  • The AI-crash forecast is speculative: it is a scenario, not an established trend. The adjustment may instead be gradual.
  • Internationalism faces sovereignty limits: Dani Rodrik’s trilemma holds that a country cannot have full hyper-globalisation, national sovereignty and democracy at once. Coordinated responses, such as the OECD/G20 global minimum corporate tax (15%), have been slow and partial.
◈ GS-IV Angle — The Moral Limits of Markets

The philosopher Michael Sandel, in What Money Can’t Buy (2012), argues that when markets enter areas such as health, education and civic life, they can crowd out non-market values, including fairness, dignity and common goods. This complements Polanyi’s concern and is useful for answers on ethics in public policy.

Way Forward
  • Treat housing, water, health and public spaces as public goods that need regulation, not as pure commodities.
  • Build portable social security for informal and gig workers.
  • Strengthen institutional channels such as unions, local bodies and grievance redressal, so that discontent finds democratic expression.
  • Pursue international cooperation on tax, financial regulation and AI-related risks to reduce the collective action problem.
✎ Mains Practice Question

“The rising cost of living and the commodification of basic needs, rather than corruption alone, lie at the root of recent mass protests across the world.” Examine this statement in the light of Karl Polanyi’s idea of the ‘double movement’, and discuss its relevance for India. 15 marks · 250 words

Legacy IAS Academy · Editorials, Opinions & Explained 10 November 2026 · The Hindu & The Indian Express

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