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"Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.
Book Synopsis The Balancing of Interests in Environmental Law in Africa by : Willemien Du Plessis
Download or read book The Balancing of Interests in Environmental Law in Africa written by Willemien Du Plessis and published by PULP. This book was released on 2011 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.
C.O.OKIDl1 I welcome the opportunity to prepare a Foreword to the book on Environmental Policy and Law in Africa, edited by Kevin R. Gray and Beatrice Chaytor. It is a pleasure to do that because the book is a contribution to the cause of capacity building for development and implementation of environmental law in Africa, a goal towards which I have had an undivided focus over the last two decades. There is still some belief in and outside Africa that for developing countries in general, and Africa in particular, development and implementation of environmental law is not a priority. This belief prevails strongly in many quarters of the industrialised countries. In fact, the view is held either out of blatant ignorance or by some renegade industrialists who fail to appreciate Michael Royston's 1979 thesis that Pollution Prevention Pays.2 That group, for obvious reasons, must have their correspondent counterparts in Africa to provide hope that industries rejected as derelict in the West or inoperable due to rigorous environmental regulation, can find homes to which they can escape and dump their polluting industries.
Book Synopsis International Environmental Law and Policy in Africa by : B. Chaytor
Download or read book International Environmental Law and Policy in Africa written by B. Chaytor and published by Springer Science & Business Media. This book was released on 2003-06-30 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: C.O.OKIDl1 I welcome the opportunity to prepare a Foreword to the book on Environmental Policy and Law in Africa, edited by Kevin R. Gray and Beatrice Chaytor. It is a pleasure to do that because the book is a contribution to the cause of capacity building for development and implementation of environmental law in Africa, a goal towards which I have had an undivided focus over the last two decades. There is still some belief in and outside Africa that for developing countries in general, and Africa in particular, development and implementation of environmental law is not a priority. This belief prevails strongly in many quarters of the industrialised countries. In fact, the view is held either out of blatant ignorance or by some renegade industrialists who fail to appreciate Michael Royston's 1979 thesis that Pollution Prevention Pays.2 That group, for obvious reasons, must have their correspondent counterparts in Africa to provide hope that industries rejected as derelict in the West or inoperable due to rigorous environmental regulation, can find homes to which they can escape and dump their polluting industries.
Over the past decades, and especially since the 1992 "Earth Summit," many African countries have incorporated environmental provisions into their constitutions. But to date these tools have gone largely underutilized in Africa. Opening courts to citizens to enforce their constitutional rights strengthens the judiciary, empowers civil society, and fosters an atmosphere of environmental accountability. This volume-updated and expanded from the original 2000 publication-analyzes African constitutional environmental law provisions. It also examines cases from Africa and elsewhere around the world that interpret and apply such provisions. It explores how constitutional provisions of African states can be used to create real, enforceable environmental rights. A unique component of Constitutional Environmental Law is a CD-ROM that presents the full text of the various constitutions of 52 African states (excluding the territories of the Canary Islands, the Madeira Islands, and Reunion). The book highlights the provisions that may be used to protect the environment-as well as cases from around the world that illustrate opportunities for implementing constitutional environmental rights. Additionally, given the recently concluded, ongoing, and proposed constitutional reforms in various African countries-such as Kenya, Liberia, Sierra Leone, Sudan, and Swaziland-the book examines the opportunities that such provisions present for improving environmental governance, addressing issues of environmental and participatory rights, and ensuring implementation and enforcement.
Book Synopsis Constitutional Environmental Law by : Carl E. Bruch (juriste).)
Download or read book Constitutional Environmental Law written by Carl E. Bruch (juriste).) and published by Environmental Law Institute. This book was released on 2007 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades, and especially since the 1992 "Earth Summit," many African countries have incorporated environmental provisions into their constitutions. But to date these tools have gone largely underutilized in Africa. Opening courts to citizens to enforce their constitutional rights strengthens the judiciary, empowers civil society, and fosters an atmosphere of environmental accountability. This volume-updated and expanded from the original 2000 publication-analyzes African constitutional environmental law provisions. It also examines cases from Africa and elsewhere around the world that interpret and apply such provisions. It explores how constitutional provisions of African states can be used to create real, enforceable environmental rights. A unique component of Constitutional Environmental Law is a CD-ROM that presents the full text of the various constitutions of 52 African states (excluding the territories of the Canary Islands, the Madeira Islands, and Reunion). The book highlights the provisions that may be used to protect the environment-as well as cases from around the world that illustrate opportunities for implementing constitutional environmental rights. Additionally, given the recently concluded, ongoing, and proposed constitutional reforms in various African countries-such as Kenya, Liberia, Sierra Leone, Sudan, and Swaziland-the book examines the opportunities that such provisions present for improving environmental governance, addressing issues of environmental and participatory rights, and ensuring implementation and enforcement.
It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robus
Book Synopsis Environmental Law and Sustainability after Rio by : Jamie Benidickson
Download or read book Environmental Law and Sustainability after Rio written by Jamie Benidickson and published by Edward Elgar Publishing. This book was released on 2011-08-31 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robus
This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.
Book Synopsis Human Rights and the Environment under African Union Law by : Michael Addaney
Download or read book Human Rights and the Environment under African Union Law written by Michael Addaney and published by Springer Nature. This book was released on 2020-08-21 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.
Namibia - formerly South West Africa - is one of the driest countries on earth, making its pristine environment particularly sensitive and in need of protection. This publication examines national environmental law and Namibian environmental policy in interaction with international environmental norms and standards. The environmental law of the African Union and the Southern African Development Community is also addressed. The publication reflects legal and policy options for regulating different sectoral environmental interests that are also relevant for international development cooperation and economic exchange. In addition, the work provides a solid foundation for comparative environmental law scholarship.
Book Synopsis Environmental Law and Policy in Namibia by : Oliver C. Ruppel
Download or read book Environmental Law and Policy in Namibia written by Oliver C. Ruppel and published by . This book was released on 2022-04-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Namibia - formerly South West Africa - is one of the driest countries on earth, making its pristine environment particularly sensitive and in need of protection. This publication examines national environmental law and Namibian environmental policy in interaction with international environmental norms and standards. The environmental law of the African Union and the Southern African Development Community is also addressed. The publication reflects legal and policy options for regulating different sectoral environmental interests that are also relevant for international development cooperation and economic exchange. In addition, the work provides a solid foundation for comparative environmental law scholarship.
Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
Book Synopsis Environmental Interests in Investment Arbitration by : Flavia Marisi
Download or read book Environmental Interests in Investment Arbitration written by Flavia Marisi and published by Kluwer Law International B.V.. This book was released on 2020-01-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Book Synopsis Global Environmental Constitutionalism by : James R. May
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
This book explores African domestic and regional responses and approaches to environmental protection and sustainability. Written by African experts, the collection consists of five parts covering the whole of Africa. It provides broad coverage of specific themes, including environmental constitutionalism, climate change, gender and the environment, wildlife trade, environmental justice, and human displacement. The key aims are first, to explore theoretical and empirical studies to interrogate and provide clarity on academic discourse on how and whether environmental human rights approaches and policy implications have effectively enhanced environmental protection and sustainability at African domestic levels. Second, to investigate and present innovative solutions on how African domestic legal regimes deal with environmental justice, natural resources governance, refugees’ environmental rights, and climate-induced displaced persons. Finally, to propose innovative legal and institutionalised solutions to Africa’s ecological realities by determining the legal and regulatory gaps on environmental human rights issues on the continent. The collection will be a valuable resource for researchers, academics, and policymakers in human rights law, environmental law, political science, ecology and conservation, environmental management, disaster management, and development studies.
Book Synopsis Domestic and Regional Environmental Laws and Policies in Africa by : Jean-Claude N. Ashukem
Download or read book Domestic and Regional Environmental Laws and Policies in Africa written by Jean-Claude N. Ashukem and published by Taylor & Francis. This book was released on 2023-11-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores African domestic and regional responses and approaches to environmental protection and sustainability. Written by African experts, the collection consists of five parts covering the whole of Africa. It provides broad coverage of specific themes, including environmental constitutionalism, climate change, gender and the environment, wildlife trade, environmental justice, and human displacement. The key aims are first, to explore theoretical and empirical studies to interrogate and provide clarity on academic discourse on how and whether environmental human rights approaches and policy implications have effectively enhanced environmental protection and sustainability at African domestic levels. Second, to investigate and present innovative solutions on how African domestic legal regimes deal with environmental justice, natural resources governance, refugees’ environmental rights, and climate-induced displaced persons. Finally, to propose innovative legal and institutionalised solutions to Africa’s ecological realities by determining the legal and regulatory gaps on environmental human rights issues on the continent. The collection will be a valuable resource for researchers, academics, and policymakers in human rights law, environmental law, political science, ecology and conservation, environmental management, disaster management, and development studies.
International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.
Book Synopsis International Environmental Law by : Pierre-Marie Dupuy
Download or read book International Environmental Law written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2018-06-07 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.
