Shashi Kant Yadav

The overarching research question of this thesis is how the structure of legal systems shapes the application of the precautionary principle in regulating hydraulic fracturing (fracking) as a transitional technology within the multilevel legal systems of India and Australia. 

This thesis develops a science transplant model, grounded in the theory of legal transplant. The model demonstrates how scientific uncertainty is shaped through legal and institutional processes and comprises three interrelated components. First, measured knowledge traces how scientific findings on fracking are transferred from the United States to India and Australia. This stage shows that not only the information itself, but also its limits and uncertainties, are carried into new jurisdictions and provide the baseline for regulatory choices. Second, perceived knowledge draws on empirical analysis of public responses to parliamentary inquiries and consultation processes in India and Australia. These responses show how different stakeholders interpret the transplanted science through the lens of local values and experiences, reshaping regional understandings of scientific uncertainty. Third, the legal structures element focuses on how authority is allocated between national and subnational levels of government. The model reveals how the distribution of legislative and regulatory competences determines how these uncertainties are managed, thus shaping the application of the precautionary principle.

This thesis finds that in Australia, subnational-level perceptions of fracking-related scientific uncertainties are integrated into regulatory decision-making, leading to divergent applications of the precautionary principle. In India, by contrast, uncertainties are framed at the national level, despite subnational variations, resulting in uniform application of the principle. The implications of this finding are then analysed in the context of the Paris Agreement, which requires countries to consider the basis of ‘best available science’ related to climate change. The science transplant model is transferable and may be applied to other jurisdictions and transitional technologies, such as carbon capture and storage.