{"title":"Chapter 19: Pollution of water in South Africa by untreated sewage: addressing the governance issues","authors":"M. Kidd","doi":"10.5771/9783845294605-411","DOIUrl":"https://doi.org/10.5771/9783845294605-411","url":null,"abstract":"","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":"130074443","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 26: Water security and environmental justice in Nigeria and South Africa: achievable concord or discordant alliance?","authors":"Irekpitan Okukpon","doi":"10.5771/9783845294605-561","DOIUrl":"https://doi.org/10.5771/9783845294605-561","url":null,"abstract":"As the world seeks responses to converging risks from inequality and environmental change, attention is placed on the role of improved governance for sustainable development. The way in which ecosystems and natural resources are currently governed often results in deprivation, marginalisation and structural inequality.1 In many contexts, “environmental degradation generates further poverty by the exhaustion of natural resources and creates prejudice to the exercise of basic rights”.2 Poor and vulnerable communities suffer from various forms of environmental injustice, often unable to fight back and reverse trends, which keep them mired in a state of exclusion.3 Without a paradigm shift in how natural resources and the environment are valued and governed, inequality will deepen and post-2015 developmental goals will be threatened, if not reversed.4 The concept of environmental justice has arisen, in this context, as a mechanism of accountability and legal transformations aimed at curbing abuses of power that result in the poor and vulnerable suffering disproportionate impacts of pollution and lacking equal opportunity to access and benefit from natural resources.5 Environmental justice emerged as a self-conscious movement in the 1980s,6 originally focused on the inequity of the distribution of toxics and hazardous waste in the United States of America, but has now moved far beyond this.7 A major focus of the environmental justice scholarship has always been a move beyond the simple description and documentation of inequity into a thorough analysis of the underlying reasons for that injustice.8 It also involved participatory justice, namely speaking for ourselves or a seat at the table; a","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"72 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":"134584345","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 8: REDD+ and benefit sharing: an examination of the legal framework in Uganda","authors":"Hadijah Yahyah","doi":"10.5771/9783845294605-175","DOIUrl":"https://doi.org/10.5771/9783845294605-175","url":null,"abstract":"Reducing Emissions from Deforestation and Forest Degradation, as well as Conservation, Sustainable Management of Forests and Enhancement of Forest Carbon Stocks (REDD+) is a voluntary initiative established under the United Nations Framework Convention on Climate Change (UNFCCC) to create financial incentives for developing countries to reduce forest-related greenhouse gas emissions.1 REDD+ activities have the potential to deliver a wide range of benefits to the climate, to biodiversity and to communities that depend on forests. By the same token, REDD+ poses risks of negative impacts, particularly if the rights of local communities are not respected, if a gender-sensitive approach is not taken and if REDD+ activities are not embedded in the overall framework of the environment.2 Uganda’s REDD+ Programme, which is implemented as a National REDD+ Process, is a national effort to contribute to the mitigation of climate change, and improve the livelihoods of local, indigenous as well as forest-dependent communities. Uganda’s REDD+ Readiness process aims to design a socially and environmentally viable national strategy for reducing emissions from deforestation and forest degradation, and a national reference scenario of emissions from deforestation and forest degradation. This takes into account the national circumstances and the emerging guidance from the global climate change convention. Benefit sharing refers to a commitment to channel some returns, whether monetary or non-monetary, back to the range of designated participants or affected communities.3 A proportion of revenue earned by the State is returned to local communities through indirect and direct benefit-sharing arrangements. Direct benefit sharing refers to cash payments to individuals or communities, and indirect benefit sharing includes other non-cash benefits, including infrastructure or community facilities, and grassroots development activities.","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":"134410856","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 21: Improving the legal protection of strategic water source areas: a South African perspective","authors":"A. Mkhonza","doi":"10.5771/9783845294605-453","DOIUrl":"https://doi.org/10.5771/9783845294605-453","url":null,"abstract":"","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":"115155078","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 4: Bridging the gap between climate change and energy policy options: what next for Nigeria?","authors":"M. A. Ayoade","doi":"10.5771/9783845294605-83","DOIUrl":"https://doi.org/10.5771/9783845294605-83","url":null,"abstract":"The disruption of the global climatic system as a result of human developmental activities is responsible for climate change concerns constituting a definitive issue for the 21st century. Stakeholders as varied as international organisations, governments, business, non-governmental organisations (NGOs) and the world’s population, are interested in this complex issue. Discussions on climate change are difficult due to the different interests of powerful stakeholders. This is particularly the case, where there is a direct clash in policy interests such as that between climate change and the energy sector. Policy makers are important in this context as the need to balance the interests of competing parties at the international and domestic arena, means there is a need to achieve a modicum of consensus say between developed country consumers and poor developing countries. While climate change policy is primarily driven at international level due to the integrated nature of the global ecosystem, the centrality of nation states means that any meaningful analysis of the topic requires national perspectives. Climate change refers to the altered response of the climatic system to increased concentrations of greenhouse gases (GHGs) in the atmosphere.1 Scientific convergence, despite some skeptics, indicates that a notable increase in the average temperature of the Earth’s atmosphere, oceans and land mass will result in devastating weather pattern shifts causing loss of biodiversity, heat waves, drought, rising sea level, human migration, decreased agricultural yields, etc.2 Climate change policy concerns specific guidelines or strategies formulated at the international, national, or even local level to address climate change. This can be climate mitigation focused on minimising the extent of climate change; or climate adaptation that tries to minimise risks posed by the consequences of climate change. Energy policy, on the other hand, is concerned with the way and manner energy development","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"49 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134392578","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 9: Regulatory preparedness for non-motorised transport in Nairobi","authors":"E. Odhiambo","doi":"10.5771/9783845294605-201","DOIUrl":"https://doi.org/10.5771/9783845294605-201","url":null,"abstract":"There is scientific consensus that human activities are inducing dangerous warming1 and the consequences will be severe and widespread. Droughts, floods, wildfires, heat waves, ocean acidification, sea level rise, among others, continue to threaten ecosystems and ultimately endanger human livability on earth.2 Consequently, urgent and concerted climate action is needed to avert a looming catastrophe. The Paris Agreement is a universal legally binding treaty adopted in 2015 and came into force in November 2016 as the successor to the Kyoto Protocol in an attempt to curb climate change. In stark contrast to Kyoto’s top-down model of internationally set binding emission reduction targets, the Paris Agreement has adopted a bottom-up approach to addressing emissions through the Nationally Determined Contributions (NDCs). Each party drafts their own NDCs, which represent the nation’s climate action plans taking into account local priorities and unique circumstances. Transport contributes towards 23% of global greenhouse gas (GHG) emissions and is the second largest source of CO2 from fossil fuel combustion after the power sector.3 This figure is set to rise particularly with the growth of emissions from road transport.4 An analysis of 133 NDCs reveals that 76% of the parties intend to mitigate emissions from the transport sector with a focus on urban transport.5 Urban transport constitutes 40% of total transport energy consumption6 and projections indicate that it will double by 2050.7 This chapter postulates that the NDCs under the Paris Agreement present an opportune moment to advance low-carbon mobility options such as non-motorised transport (NMT) into city transport planning.","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"20 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":"123596971","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 1: Law, environment, Africa: introducing the imperatives, parameters and trends","authors":"A. Paterson","doi":"10.5771/9783845294605-21","DOIUrl":"https://doi.org/10.5771/9783845294605-21","url":null,"abstract":"Fundamentally we all depend on nature: the ecological infrastructure of the planet that provides the flow of goods and services upon which our livelihoods and economies are built. Yet Africa’s ecosystems are changing faster than ever before through the combined impact of global and local pressures. Loss of ecosystem services is compromising future security, health and well-being and effects are being borne disproportionately by the poor.1 This telling reality highlighted in the Africa Ecological Footprint Report (2012)2 is mimicked in several more recent regional reports comprehensively canvassing both the state of the environment in Africa and the range of factors leading to its deterioration. These reports include the African Environment Outlook 3 (2013),3 Climate Change 2014: Impacts, Adaptation, and Vulnerability (2014)4 and most recently the Global Environmental Outlook GEO-6 – Regional Assessment for Africa (2016).5 Repeating the numerous statistics exhaustively outlined in these reports serves no purpose here as several realities are clearly indicated. The deficit between what the continent’s ecological infrastructure can sustain and is being expected to sustain is growing rapidly. The range of factors contributing to the growing deficit is diverse. The current negative impacts associated with the growing deficit on the continents’ inhabitants’ security, health and well-being are vast and expanding. Recognising this ecological fragility, Agenda 2063 outlines the continent’s development agenda for the next 45 years. It includes a prosperous Africa based on inclusive growth, sustainable development, peace, security, resilience, good governance, democracy, respect for human rights, justice and the rule of law amongst its express aspirations.6 Agenda 2063 coincides with the post-2015 global development agenda reflected in Transforming our World: the 2030 Agenda for Sustainable Development,7","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"54 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":"132568630","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 32: An analysis of environmental impacts of timber exploitation on indigenous communities’ land in Cameroon","authors":"E. Njieassam","doi":"10.5771/9783845294605-697","DOIUrl":"https://doi.org/10.5771/9783845294605-697","url":null,"abstract":"","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":"128848332","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 10: Wildlife conservation and community property rights in Kenya","authors":"P. Kameri-mbote","doi":"10.5771/9783845294605-221","DOIUrl":"https://doi.org/10.5771/9783845294605-221","url":null,"abstract":"","PeriodicalId":149275,"journal":{"name":"Law | Environment | Africa","volume":"47 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":"115310354","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}