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Chapter 17: Utilising Kenya’s marine resources for national development 第十七章:利用肯尼亚的海洋资源促进国家发展
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-375
Kariuki Muigua
{"title":"Chapter 17: Utilising Kenya’s marine resources for national development","authors":"Kariuki Muigua","doi":"10.5771/9783845294605-375","DOIUrl":"https://doi.org/10.5771/9783845294605-375","url":null,"abstract":"This chapter discusses how Kenya can maximise the use of its marine resources to spur economic growth and development for the betterment of its citizens’ livelihoods. While it has been observed that oceans provide a substantial portion of the global population with food, livelihoods and are the means of transport for 80% of global trade, Kenya cannot arguably boast of securing as many benefits from its related resources.1 Furthermore, the marine and coastal environment also constitutes a key resource for the important global tourism industry, supporting all aspects of the tourism development cycle from infrastructure and the familiar ‘sun, sand and sea’ formula to the diverse and expanding domain of nature-based tourism.2 Tourism is one of Kenya’s key economic sectors, but its potential has not been fully exploited.3 It has also been documented4 that the seabed currently provides 32% of the global supply of hydrocarbons with exploration expanding and advancing technologies opening new frontiers of marine resource development from bio-prospecting to the mining of seabed mineral resources. The sea offers vast potential for renewable blue energy production from wind, wave, tidal, thermal and biomass sources.5 While Kenya has made some progress in this regard, it is yet to fully tap into these resources. This source of energy would be key in boosting Kenya’s efforts towards meeting its energy requirements for national development and realising its Vision 2030.6 The main livelihoods for the majority of Kenyans are agriculture, livestock, fishing and forestry. In addition, tourism is Kenya’s greatest foreign exchange earner, and one of the largest sources of employment.7 The moist sub-humid to humid lands are classified as the high potential areas of Kenya, supporting rain-fed agriculture; while the","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124454164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Chapter 12: Harnessing oil as natural resource wealth: a focus on the legal frameworks of Nigeria and Uganda 第12章:利用石油作为自然资源财富:尼日利亚和乌干达法律框架的焦点
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-267
Lanre Aladeitan, Robert Alex Wabunoha, Chidinma Therese Odaghara
{"title":"Chapter 12: Harnessing oil as natural resource wealth: a focus on the legal frameworks of Nigeria and Uganda","authors":"Lanre Aladeitan, Robert Alex Wabunoha, Chidinma Therese Odaghara","doi":"10.5771/9783845294605-267","DOIUrl":"https://doi.org/10.5771/9783845294605-267","url":null,"abstract":"Natural resources1 are “a gift of nature and an endowment of comfort that makes the existence of mankind complete”.2 It is a matter of debate whether resource-rich states in Africa use the resources for the comfort of the majority of their citizens. Governance of natural resources is a broad issue that raises more questions than answers. This is despite society’s longstanding desire for and institutionalisation of governance norms through law. Law serves three critical roles in the governance of natural resources. Firstly, states order the behaviour of individuals and organisations in the realm of natural resources through law and legal institutions, converting economic and social policies into outcomes.3 Secondly, the law defines the structure of government by arranging and distributing political and economic interests and power. In the case of oil, legal authority to act, political and economic power are established and distributed among the state, local host communities and extractive companies as the major stakeholders in the exploration of the resource. Thirdly, the law provides space for public participation in governance through substantive and procedural tools that promote accountability.4 It is not enough to have a legal framework in a resource-rich state. A pragmatic legal framework in the realm of resource governance must seek to address issues that include, how rights and benefits are allocated among stakeholders; the rights and benefits of local host communities; requirements for linking investments to the economy or creating jobs; and environmental health and safety obligations of the extractive companies. Transparency, accountability and a clear sense of purpose, however, must accompany the making of law from the onset to the point of enforcement and","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125961157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Chapter 5: Climate change, human security and the humanitarian crisis in the Lake Chad Basin region: selected legal and developmental aspects with a special focus on water governance 第5章:乍得湖流域地区的气候变化、人类安全和人道主义危机:选定的法律和发展方面,特别侧重于水治理
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-105
O. Ruppel, M. B. Funteh
{"title":"Chapter 5: Climate change, human security and the humanitarian crisis in the Lake Chad Basin region: selected legal and developmental aspects with a special focus on water governance","authors":"O. Ruppel, M. B. Funteh","doi":"10.5771/9783845294605-105","DOIUrl":"https://doi.org/10.5771/9783845294605-105","url":null,"abstract":"Since independence from either the French or the English in the early 1960s, the countries of the Lake Chad Basin (LCB) region, with a longstanding history of violent conflict, have been plagued by serious humanitarian crises. This is inter alia due to complex political instability, weak economic and social policies, which have prolonged the national and international conflicts. Low levels of economic development vary between riparian nation states, poor education systems, widespread illiteracy, sharp gender disparities, high health risks, water and food insecurity are marks of the crisisstricken region. The LCB area represents the poorest, most marginalised and neglected part of each respective country, with poor provision of basic infrastructure and social services; a situation that disfavours various aspects of human security. Nigeria has been hit by successive incidents of unrest, including coup d’états, civil wars and the recent rise of the Islamist extremist group Boko Haram, founded in 2002, that has terrorised the entire region. Chad has for a long time experienced a seemingly endless crisis of civil war since 1963. As an enclave country, it has often been exposed to threats of attacks, human trafficking and armed conflict from Libya, Darfur (South Sudan) and the Central African Republic. Being part of the route that migrants take to reach Europe, the Chadian desert supports the migrations of young people fleeing the unbearable situations of their origins. Niger, ranking second lowest in the world on the Human Development Index1, suffers from continual structural calamities, weak sectoral policies and low levels of investment and development aid, as well as an influx of refugees from Mali and Nigeria. Meanwhile, Cameroon – despite its development deficits – has since 1967 borne the burden of huge refugee inflows from many neighbouring states. Following huge crop damage by locust swarms; the stagnation or decline of crop production, fishing and animal husbandry activities; the constant mobility of people; a sustained crime wave; and health, food and price insecurity despite","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124721237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Chapter 23: The conflict between privatisation and the realisation of the right to water in Kenya 第23章:肯尼亚私有化与水权实现之间的冲突
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-497
Nerima Were
{"title":"Chapter 23: The conflict between privatisation and the realisation of the right to water in Kenya","authors":"Nerima Were","doi":"10.5771/9783845294605-497","DOIUrl":"https://doi.org/10.5771/9783845294605-497","url":null,"abstract":"In 2009, figures released by the World Bank indicated that there was an estimated 42%-59% of nationally piped water coverage in Kenya.1 These figures, which remain the most recent estimates, are supported by Water Sector Strategic Plan2, which indicates that water coverage in rural areas is estimated at 40% and in urban areas at 60%. These figures show that millions of Kenyans have inadequate water supply.3 Within urban areas, informal settlements have proven difficult to reach in terms of water supply and in rural areas women and girls are most affected, as they have to spend disproportionate amounts of time and travel long distances to fetch water at the expense of other activities including school.4 2010 figures comparing poor and non-poor households in Kenya’s major cities (Nairobi, Mombasa and Kisumu) revealed that a minimum of 30% of poor households were forced to rely on small-scale water providers5 for water, while a maximum of 32% of non-poor households were in the same position.6 There is also significant water deprivation with 57% of low-income households surveyed consuming less than the water poverty line of 20 litres per capita per day and about 62% of households spending above their affordability threshold on water.7 The inadequacy of water access in Kenya goes beyond the government’s laxity in water provision. The major cities are poorly planned and populations exceed the capacity of the cities. Even with this consideration in mind, one must note the fairly low estimates of piped water coverage. However, piped water is not the only source of water. In August 2011, the Guardian8 reported that, in 2007, the Water and Sanitation ____________________","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129614931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Chapter 30: The Environmental Management Act (2011): a basis for the growth of an environmental ethos and good environmental governance in Zambia? 第30章:《环境管理法》(2011年):赞比亚环境精神和良好环境治理发展的基础?
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-647
P. Sambo
{"title":"Chapter 30: The Environmental Management Act (2011): a basis for the growth of an environmental ethos and good environmental governance in Zambia?","authors":"P. Sambo","doi":"10.5771/9783845294605-647","DOIUrl":"https://doi.org/10.5771/9783845294605-647","url":null,"abstract":"The Republic of Zambia is located in south-central Africa. It is bordered to the north by Tanzania and the Democratic Republic of Congo; the west by Angola; the south by Namibia, Botswana and Zimbabwe; and east by Malawi and Mozambique. With a total land surface area of 751,610 square kilometres and a population of 16.8 million people, the population density in Zambia is among the lowest in sub-Saharan Africa, representing one of the most land resource abundant countries in the region. It therefore follows that this vast stretch of land is home to a huge variety of natural resources that are accordingly exploited for their benefit to the human populace. Zambia, however, also has one of the highest rates of urbanisation in sub-Saharan Africa that has led to numerous attendant challenges such as the proliferation of shanty settlements, which in turn present numerous other environmental problems. With a high population growth rate and human development dependent on the surrounding natural environment, the depletion of natural resources is ever on the increase. Against this background, it is a recognised common task to advance environmental law to ensure that it aids in arresting national, regional and global environmental degradation. This chapter critically evaluates the development of environmental legislation in Zambia with a view to assessing whether, and how, it is catalytic in the development of an ‘environmental ethos’ in the country. Central questions addressed include ‘what is an environmental ethos’ and ‘what are some of its constituent elements’? The chapter begins by analysing the historical development of the now repealed Environmental Protection and Pollution Control Act (1990) (EPPCA) and its successor the Environmental Management Act1 (2011) (EMA). The purpose of this analysis is to identify the key environmental themes that these two laws embody, and it extends to consider the relevance of the legal provisions towards shaping the environmental discourse in Zambia. The chapter then briefly discusses some aspects of the constitutional framework","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129764719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Chapter 7: Indigenous peoples and climate change in Cameroon 第七章:喀麦隆的土著居民和气候变化
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-165
Daniel Armel Owona Mbarga
{"title":"Chapter 7: Indigenous peoples and climate change in Cameroon","authors":"Daniel Armel Owona Mbarga","doi":"10.5771/9783845294605-165","DOIUrl":"https://doi.org/10.5771/9783845294605-165","url":null,"abstract":"","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115511687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Chapter 15: The role of the Environment and Land Court in governing natural resources in Kenya 第15章:环境和土地法院在管理肯尼亚自然资源方面的作用
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-335
Collins Odote
{"title":"Chapter 15: The role of the Environment and Land Court in governing natural resources in Kenya","authors":"Collins Odote","doi":"10.5771/9783845294605-335","DOIUrl":"https://doi.org/10.5771/9783845294605-335","url":null,"abstract":"Kenya’s 2010 Constitution reformed the structure of the judiciary to enhance access to justice.1 One of the innovations was the creation of a specialised court with the status of the High Court to “hear and determine disputes relating to the environment and use and occupation of, and title to land”.2 With the establishment of this court, Kenya joined countries that have adopted specialised courts and tribunals to respond to environmental challenges. The main goals in establishing specialised courts are two-fold. The first is as a case management tool to improve the quantity and quality of cases handled, when compared to general courts.3 The second imperative is to develop an alternative jurisprudence that moves from the traditional ‘legalistic’ adjudications to a more ‘problem-solving’, ‘therapeutic’ or ‘interdisciplinary’ approach.4 Consequently, environment courts and tribunals –5","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115640713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Chapter 6: Forests, forest rights, benefit-sharing and climate change implications under Cameroonian law 第6章:喀麦隆法律下的森林、森林权利、利益分享和气候变化影响
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-137
Christopher F. Tamasang
{"title":"Chapter 6: Forests, forest rights, benefit-sharing and climate change implications under Cameroonian law","authors":"Christopher F. Tamasang","doi":"10.5771/9783845294605-137","DOIUrl":"https://doi.org/10.5771/9783845294605-137","url":null,"abstract":"In addition to the vital functions of forests, international climate change negotiations have given an additional dimension to the value of forests regarding their climate change mitigation (CCM) relevance. Cameroon’s forestry legal framework classifies forests into various types, and a corresponding bundle of rights is attached to each forest type in addition to a mechanism for the allocation and sharing of benefits. The implementation of this legal framework has CCM implications. This chapter identifies the various forest types, the bundle of rights attached thereto and the formula for allocating and sharing benefits under the forestry laws, analysing their implications for CCM. The chapter argues that although Cameroon’s forestry legislation puts in place a bundle of rights attached to each forest type and a mechanism for benefit-sharing (BS), the forest rights are not adequate for some relevant stakeholders involved in forest management, and the BS mechanism is plagued with inherent flaws. By extension, it does not enhance the role of forests in contributing to CCM in Cameroon. The principal objective of this chapter is to demonstrate that the role of forests in contributing to CCM in Cameroon, which can only be enhanced by the establishment of adequate forest rights for relevant stakeholders involved in forests management, and the effective implementation of a fair and equitable BS paradigm aimed at incentivising sustainable forest management (SFM) and forest conservation. The chapter analyses Cameroon’s legislation, focusing specifically on how it provides for the protection of the various types of forests, forest rights, mechanisms for BS, assessing their CCM implications in Cameroon. The chapter concludes that the role of the country’s forests in contributing to CCM is greatly hindered due to aninadequate and inappropriate recognition of forest rights reserved for some relevant stakeholders involved in forest management and a corresponding inadequate and inappropriate BS formula, underscoring the need for urgent legal reforms. The chapter ends with some recommendations.","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126108755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Chapter 14: Ecosystem services: legal issues on Nigeria’s wetlands 第14章:生态系统服务:尼日利亚湿地的法律问题
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-315
E. Orie
{"title":"Chapter 14: Ecosystem services: legal issues on Nigeria’s wetlands","authors":"E. Orie","doi":"10.5771/9783845294605-315","DOIUrl":"https://doi.org/10.5771/9783845294605-315","url":null,"abstract":"This chapter deals with the Nigerian legal framework relevant to wetlands as an ecosystem service. At the outset, it is necessary to define concepts such as ‘ecosystem’ and ‘wetlands’. In Nigeria, ecosystems provide general and environmental services such as flood attenuation, water purification, soil stabilisation and erosion reduction, food, groundwater recharge, and climate change mitigation. In this functional context, an ecosystem can be defined as:1","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127118033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Chapter 22: Institutional and legal challenges to realising clean and safe water for all in Uganda 第22章:在乌干达实现人人享有清洁和安全用水的体制和法律挑战
Law | Environment | Africa Pub Date : 1900-01-01 DOI: 10.5771/9783845294605-479
Phiona Muhwezi Mpanga
{"title":"Chapter 22: Institutional and legal challenges to realising clean and safe water for all in Uganda","authors":"Phiona Muhwezi Mpanga","doi":"10.5771/9783845294605-479","DOIUrl":"https://doi.org/10.5771/9783845294605-479","url":null,"abstract":"Water resources are one of the key natural resources slated to drive Uganda’s economic progress from a least developed economy to middle-income status.1 In the country, water is important for a variety of uses: domestic, production, hydropower generation, and transport, among others. Uganda is not a water scarce country. It has both transboundary and internal water sources. The country’s rivers and lakes, including wetlands, cover about 18% of the total surface area of the country.2 Uganda receives ample rainfall, which also enhances available water sources.3 The country’s most significant hydrological features include Lake Victoria and the River Nile.4 Nearly all of Uganda lies within the River Nile basin which charts its course through eleven African countries, many of which are water scarce.5 Despite the fact that water is readily available, the realisation of the human right to water and sanitation has not been achieved, particularly for the most vulnerable sectors of the population. At the same time, Uganda has not escaped the effects of climate change, which threatens its freshwater resources. Within this context, it is appropriate to interrogate Uganda’s institutional and legal framework of relevance to the provision of water and sanitation services in order to identify the opportunities and challenges that impede the realisation of the right to water and sanitation. This chapter critiques the institutional framework governing water distribution, identifying the challenges, opportunities and prerequisites for establishing a sustainable water delivery system. It argues that while existing institutions have enhanced","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131259739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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