Law | Environment | Africa最新文献

{"title":"Chapter 20: Kenya’s Water Act (2016): real devolution or simply the ‘same script, different cast’","authors":"Elizabeth Gachenga","doi":"10.5771/9783845294605-429","DOIUrl":"https://doi.org/10.5771/9783845294605-429","url":null,"abstract":"Book chapter in Patricia Kameri-Mbote, Alexander Paterson, Oliver C. Ruppel, Bibobra Bello Orubebe, Emmanuel D. Kam Yogo (Ed.) Law | Environment | Africa, page 429 - 452. A Publication of the 5th Symposium | 4th Scientific Conference | 2018 of the Association of Environmental Law Lecturers from African Universities in cooperation with the Climate Policy and Energy Security Programme for Sub-Saharan Africa of the Konrad-Adenauer-Stiftung and UN Environment Programme (UNEP)","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":"132700278","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}

{"title":"Chapter 3: Nigeria’s commitments under the climate change Paris Agreement: legislative and regulatory imperatives towards ensuring sustainable development","authors":"O. Adejonwo-Osho","doi":"10.5771/9783845294605-61","DOIUrl":"https://doi.org/10.5771/9783845294605-61","url":null,"abstract":"The United Nations Framework Convention on Climate Change (UNFCCC) was signed at the 1992 Rio Earth Summit when countries agreed to limit their emissions of greenhouse gases (GHGs). Years after this historic treaty was opened for signature there have been far-reaching changes in the understanding of, response to, and governance of climate change. The latest report by the Intergovernmental Panel on Climate Change (IPCC) indicates that human-induced climate change is already taking place with significant adverse effects on the environment and the earth systems.1 In response to this phenomenal threat to humanity, there are increasing and sometimes comprehensive international, regional, and national climate change policies and programmes from governments, business and civil society. For instance, many countries have developed comprehensive legislation on climate change. The UK was the first country, with its historic 2008 Climate Change Act.2 Other countries have followed the UK’s footsteps.3 Altogether, 99 countries, consisting of 33 developed and 66 developing countries, which represent around 93% of global emissions, have national laws or policies directly related to climate change mitigation and adaptation.4 The foundation for the Paris Climate Change Agreement, 2015 was laid during the 2011 Durban climate change rounds of negotiation in Durban, South Africa. The Durban Outcome is significant because it heralded a new climate change regime that finally culminated in the Paris Agreement. One of the key characteristics of the Paris Agreement is that it applies to all, both developed, emerging economies, developing and least developed countries, unlike the UNFCCC’s Kyoto Protocol of 2005 which","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"17 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":"125151861","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}

{"title":"Chapter 27: The Lake Chad Basin Water Charter: strengths and weaknesses","authors":"Emmanuel D. Kam Yogo","doi":"10.5771/9783845294605-587","DOIUrl":"https://doi.org/10.5771/9783845294605-587","url":null,"abstract":"","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"88 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":"124170673","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}

{"title":"Chapter 25: Water resources management and environmental sustainability in west and central Africa","authors":"J. Ngang","doi":"10.5771/9783845294605-545","DOIUrl":"https://doi.org/10.5771/9783845294605-545","url":null,"abstract":"","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":"122113220","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}

{"title":"Chapter 18: The Environmental Management Act (2017) and natural resource regulation in Malawi: opportunities for and limitations to effective enforcement","authors":"G. Makanje","doi":"10.5771/9783845294605-393","DOIUrl":"https://doi.org/10.5771/9783845294605-393","url":null,"abstract":"Malawi’s first significant policy document on environmental issues was the National Environmental Action Plan1 (NEAP) published in 1994. The NEAP was set out to document and analyse all the major environmental issues and proposed measures to alleviate them as well as to promote the sustainable use of natural resources in Malawi. The NEAP highlighted that one of the greatest challenges to effective environmental protection and management was poor enforcement of the legal framework. In particular, NEAP highlighted that the legislative framework was uncoordinated and had several gaps, inconsistencies, duplications and conflicts all of which made enforcement difficult. This was the main reason for the adoption of the National Environmental Policy2 (NEP) in 1996 (revised in 2004) and the subsequent enactment of a framework environmental law, the Environmental Management Act3 (EMA) in 1996. The EMA (1996) provided for an elaborate institutional framework for implementing the environmental and natural resource management provisions prescribed in the Act, expanded opportunities for stakeholder consultations and enabled coordination. However, there is little indication that it improved environmental management in general or sector coordination to any significant degree.4 In an attempt to address the above concerns, a second Environmental Management Act (EMA) was assented to by the President in February 2017. EMA (2017) provides for a coordinated and comprehensive future legal framework for environmental protection and management as well as the conservation and sustainable use of natural resources. EMA (2017) will replace EMA (1996), when the former commences by way of notice in the future. Until this occurs, EMA (1996) remains the applicable law.","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":"125263102","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}

{"title":"Chapter 11: Criminal law protection of wildlife reserves in Cameroon","authors":"Marie Ngo Nonga","doi":"10.5771/9783845294605-247","DOIUrl":"https://doi.org/10.5771/9783845294605-247","url":null,"abstract":"Given its privileged geographical situation, nearly 92% of Africa’s ecosystems are represented in Cameroon. It is, therefore, a country that is very rich in biodiversity. However, these biological resources are abundantly exploited both by the state and by the local populations, which have many of their activities primarily focused on the exploitation of natural resources. In fact, despite the legal status of protected areas,1 wildlife reserves maintain their nurturing and health functions for the local populations, and the resources they contain are sought after for food, commercial, medicinal and cultural purposes. They highly contribute to the annual revenue of the state of Cameroon. There are six wildlife reserves situated in different regions of Cameroon: Dja in the south; Douala-Edea and Lake-Ossa in the Littoral; Kimbi and Mbi-crater in the northwest and Santchou in the west.2 Wildlife reserves are an integral part of what are commonly called protected areas. They are geographically defined areas managed to achieve specific conservation and sustainable development objectives of a given resource or resources.3 A wildlife reserve is, therefore, an area set apart for the conservation, development and propagation of wild animal life, as well as for the protection and development of its habitat. Within these reserves, hunting is prohibited unless authorised by administrative authorities, and/or where other human activities are regulated or prohibited.4","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"50 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":"129315331","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}

{"title":"Chapter 31: Regulating environmental impacts associated with mining in Uganda","authors":"E. Kasimbazi","doi":"10.5771/9783845294605-665","DOIUrl":"https://doi.org/10.5771/9783845294605-665","url":null,"abstract":"According to Uganda’s Constitution (Amendment) Act (2005) and the Mining Act (2003), a mineral is defined as any substance, other than petroleum, whether in solid, liquid or gaseous form, occurring naturally in or on the earth, formed by or subject to a geological process. This definition excludes clay, murram, sand or any stone commonly used for building or similar purposes. With the favourable business climate in Uganda for over two decades, many mining companies have taken up licences in the mining sector. Over the last 10 years, the sector has been growing positively peaking at 19.4% in FY 2006/2007. In FY 2009/2010, the sector grew by 12.8%. In terms of licences granted, 66 licences were issued in 1999 in the exploration and mining licence categories combined; while a total of 517 licences were issued by the beginning of 2010.1 The production, conversion, transportation and final use of minerals have direct and indirect environmental and social impacts.2 The significant impacts of a mining project include water pollution, air pollution and noise pollution. Mining also causes direct and indirect damage to wildlife, contamination of soils, deforestation, land degradation, displacement of communities and disruption of livelihoods. Mining causes poverty through damaging subsistence agriculture, increases social inequality between those who benefit and those who do not, and promotes economic dependency that leads to vulnerability when mines scale down or close. The regulatory framework for environmental protection in Uganda is scattered among various laws. The Constitution of Uganda (1995), as amended, requires Parliament to provide for measures to protect and preserve the environment. The Mineral Policy (2004) aims to minimise and mitigate the adverse social and environmental impacts associated with mineral exploitation. The National Environment Management Policy (1994) establishes a more comprehensive and integrated approach to environmental issues. The National Environment Act Cap 153 is the main law for conservation and management of the environment. The Mining Act (2003) regulates the distribution","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"18 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":"121335555","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}

{"title":"Chapter 2: Climate change legislative development on the African continent","authors":"O. Rumble","doi":"10.5771/9783845294605-31","DOIUrl":"https://doi.org/10.5771/9783845294605-31","url":null,"abstract":"","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"44 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":"116460631","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}

{"title":"Chapter 28: Making the case for gender and environmental considerations in the regulatory framework relating to the Uganda-Tanzania crude oil pipeline project","authors":"Godard Busingye","doi":"10.5771/9783845294605-605","DOIUrl":"https://doi.org/10.5771/9783845294605-605","url":null,"abstract":"","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"27 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":"125262175","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}

{"title":"Chapter 24: Policy, regulatory and institutional frameworks relevant to Ethiopian water governance","authors":"Mekete Bekele Tekle","doi":"10.5771/9783845294605-519","DOIUrl":"https://doi.org/10.5771/9783845294605-519","url":null,"abstract":"Ethiopia is a country with varied geographical, hydrological and climatological characteristics with a strategic location in the Horn of Africa region. It receives a substantial amount of rain annually that flows to its rivers, lakes and reservoirs. It has about 100 rivers and 27 lakes and reservoirs, including the Grand Ethiopian Renaissance Dam (GERD), that are found in the 12 river basins of the country. Most of Ethiopia’s surface waters flow to the low-lying plains of the neighbouring countries. Ethiopia has a great potential for hydroelectric power generation that could be used for national consumption and export to neighbouring countries in the region. For these reasons, it is considered to be the water tower Horn of Africa.1 Regardless of receiving sufficient rainfall going by the national average, Ethiopia remains a water scarce country by the international standard of consumable water availability for its population. The cause of the water shortage in the country is not lack of water, but rather lack of proper management and effective administration of the available water resources. Ethiopia has a population of about 106 million people.2 More than 80% of the population live in rural areas and are engaged in agricultural activities that mostly depend on seasonal rains. The use of irrigation is minimal and any change in the rainfall pattern always causes food shortages in the country. Failure of seasonal rains in different parts of the country has in the past caused drought and famine where millions of people had to rely on international food aid for survival. One of the persistent challenges in Ethiopia is ensuring food security, and the Government has adopted different national policies, plans and strategies3 to deal with the root causes of recurring food insecurity. Ethiopia has many institutions working on water management. These include the: Federal Ministry of Water, Irrigation and Electricity; Water Bureaus of the Regional States and Zonal Administration; River Basins High Councils; Basins Authorities; and","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"14 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":"129248122","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}