{"title":"Towards a coherent implementation of safe building laws and regulations in Cameroon: Law, governance and institutional imperatives","authors":"Claude Bernard Tene, S. Omer, B. Mempouo","doi":"10.4314/jsdlp.v8i2.5","DOIUrl":"https://doi.org/10.4314/jsdlp.v8i2.5","url":null,"abstract":"Over the last decade, a sustained pattern of building collapse and fire outbreaks has been observed in various West African countries such as Cameroon, Nigeria and Ghana. This has become a matter of serious concern among building practitioners and the public authorities in these countries given the extensive loss of housing investment and human lives. The main reasons for the increased collapse of buildings include poor inspection and monitoring, structural defects, defective design/structure, illegal conversion and alterations and, most importantly, non-adherence to existing building regulations and laws. This article examines the scope of implementation and enforcement of safe building legislation and regulations in Cameroon. It identifies the existing national building regulations and the factors that limit their implementation. The article uses various data collected through questionnaires and interviews to support the finding that although there are extensive norms and regulations dealing with planning matters, there is a lack of technical building regulations and control in the country and that the existing regulations are not effectively implemented. Generic suggestions are made for a coherent implementation of current laws and regulation for safety in the construction industry. Keywords : Building Policy, Building Regulations, Implementation, Safety, Africa","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"87-109"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557972","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":"Sustainable management of Nigeria’s oil wealth: legal challenges and future directions","authors":"Solomon Ekokoi","doi":"10.4314/JSDLP.V7I2.7","DOIUrl":"https://doi.org/10.4314/JSDLP.V7I2.7","url":null,"abstract":"Oil is a very important resource for Nigeria, as it remains the major economic driver and mainstay of the country. The unsustainable management of Nigeria’s oil wealth, rather than the availability of oil itself, remains the real cause of the challenges confronting the economic performance of the country. This article contributes to the debate on how Nigeria can develop more coherent and sustainable practices in the management of its oil wealth. It examines how policies and rules of law that promote mismanagement, corruption, waste and the fixation with the sharing of oil revenues at the expense of production are unsustainable and unethical practices that may continue to stifle sustainable development in Nigeria. The article discusses the need for stronger legal regimes for the efficient management of Nigeria’s oil wealth, and identifies the roles that active stakeholder engagement, such as the Nigerian public and civil society organizations (CSOs) should play. Keywords: CSOs, sustainable management, oil wealth, mismanagement, State theft, economic development","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"7 1","pages":"135-170"},"PeriodicalIF":0.0,"publicationDate":"2016-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V7I2.7","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557479","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":"Renewable energy in Ukraine: towards national eco-management","authors":"K. Fédorova","doi":"10.4314/jsdlp.v7i2.2","DOIUrl":"https://doi.org/10.4314/jsdlp.v7i2.2","url":null,"abstract":"The national energy security and independence issue is currently the most important problem in Ukraine. Continuous political games around traditional energy import sources exhaust the Ukrainian economy and lead to a systemic crisis. Ukraine has a huge natural potential for the development of green economy, but sustainable development in Ukraine is still at the initial stage of its evolution. Certainly, the transition to renewable energy technologies will be an effective solution to the key energy, environmental, social and political crises in Ukraine. Thus, the main attention of the author is focused on the renewable energy sources, including solar, wind, hydro, biomass and geothermal. It is emphasized that Ukraine has its national production of technical equipment for each of these areas of renewable energy. Along with alternative energy development issues, the author opens a wide panorama of current political, economic, social and security problems in Ukraine, which are deeply interdependent. The author argues that at its current level of development, Ukraine needs a comprehensive update of national ecomanagement strategy and a rational use of the potential natural programme. This will help the country to overcome the crisis permanently, transit from being a consumerist economic model towards an environmentally sustainable economic development and to integrate completely into Euro-Atlantic structures. Keywords: renewable energy, sustainable development, eco-management, eco- economy, Ukraine","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"7 1","pages":"28-47"},"PeriodicalIF":0.0,"publicationDate":"2016-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/jsdlp.v7i2.2","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557617","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":"Human security in the Niger Delta: exploring the interplay of resource governance, community structure and conflicts","authors":"O. Ajala","doi":"10.4314/JSDLP.V7I2.5","DOIUrl":"https://doi.org/10.4314/JSDLP.V7I2.5","url":null,"abstract":"Prior to August 2009, the Niger Delta region of Nigeria witnessed widespread violent conflicts between the government, multinational oil corporations (MNCs) and militant groups. This conflict was widely attributed to deplorable human security, which deprived the indigenes of the region access to their sources of livelihoods due to pollution, by MNCs. In 2009, the government granted amnesty to thousands of ‘repentant militants’ and this programme has achieved mixed results. This article will explore the impact of human security on the outbreak of violence in the Niger Delta and the impact of the Amnesty Programme in addressing issues relating to human security. The article concludes that bottom-up community-driven initiatives offer the best approach to address human security issues in the Niger Delta. The article is based on an ethnographic research carried out in 2013 in three states in the region (Bayelsa, Delta and Rivers states). Keywords: Human security, justice, environment, Niger Delta, MNCs","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"7 1","pages":"81-103"},"PeriodicalIF":0.0,"publicationDate":"2016-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V7I2.5","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557375","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":"Addressing environmental contamination through market regulations: comparative lessons from the United States and the European Union","authors":"Alexandra Rosenbluth, L. Smith","doi":"10.4314/JSDLP.V7I2.1","DOIUrl":"https://doi.org/10.4314/JSDLP.V7I2.1","url":null,"abstract":"The existing legal frameworks in the United States (US) and the European Commission (EC) that regulate industrial chemicals represent divergent methods for controlling market entry, market restriction, and subsequent regulatory oversight when enforcement of these mechanisms fail. Contrary to the prevailing view that the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) law, which amended the US Toxic Substances Control Act (TSCA), is the ‘gold standard’ for chemical regulation, the central premise of this article is that the Frank R. Lautenberg Chemical Safety Act for the 21st Century provides unique opportunities for preventing environmental releases from new and existing chemical substances, which amounts to, if not more stringent, than REACH. Keywords: REACH, TSCA, Lautenberg, toxic chemicals","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"7 1","pages":"1-27"},"PeriodicalIF":0.0,"publicationDate":"2016-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V7I2.1","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557489","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":"An evaluation of the Indonesian law and policy on small-scale fisheries","authors":"Melda Kamil Ariadno, Fitri Amelina","doi":"10.4314/JSDLP.V7I2.3","DOIUrl":"https://doi.org/10.4314/JSDLP.V7I2.3","url":null,"abstract":"Fisheries play an important role in food security, especially in Indonesia. Two-thirds of the land area is covered by sea and its coastal community is the largest one among the Indonesian communities. Data obtained from the Ministry of Fisheries and Marine Affairs in 2011 shows that 95 per cent of the operators in the Indonesian fisheries sub-sector operated on the small-scale and 42 per cent of them were women. Small-scale fisheries provide a great contribution to the food security of Indonesia and the world, either in the context of fulfilling animal protein needs or providing a basis for the local, national, and international-scale trade in fisheries products. The Indonesian fishing community contributes to the 90 per cent total amount of world fishers, of which half are women (FAO, 2012). To improve this small-scale fishing, the Food and Agriculture Organization (FAO) has initiated the adoption of ‘International Guidelines for Securing Sustainable Small-Scale Fisheries.’ It is still in negotiation regarding the main principles that are to be implemented by states in securing the sustainability of small-scale fisheries and figuring out the solutions that need to be taken by Indonesia to improve the living standard of the small-scale fisherman/woman. The article aims to provide problems identification, regulations assessment, and recommendations on small-scale fisheries in Indonesia. Keywords: Small-scale fisheries, international regulation, Indonesia","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"7 1","pages":"48-64"},"PeriodicalIF":0.0,"publicationDate":"2016-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V7I2.3","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557674","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":"Distributive justice and human rights in climate policy: the long road to Paris","authors":"I. Ajibade","doi":"10.4314/JSDLP.V7I2.4","DOIUrl":"https://doi.org/10.4314/JSDLP.V7I2.4","url":null,"abstract":"The Paris Agreement, adopted by 196 countries, is the first global climate change instrument to explicitly reference human rights as a guiding principle. The treaty does not expound on the implications of climate change for human rights but the fact that it calls on State Parties to respect human rights when combating climate change shows a significant improvement in international thinking and acceptance of the linkages between human rights and climate change. Indeed, this is no mean feat. The journey to Paris has been a long and arduous process, especially for the broad coalition of indigenous people, gender, human rights, environmental and climate justice groups that worked tirelessly to bring the issue to global focus. My goal in this article is to explore the implications of a human rights clause in the Paris Agreement. Does it carry any legal or political weight? Are State Parties likely to operationalize it? In what ways can they enforce this part of the Agreement? To answer these questions, this article traces the historical account of the connections between human rights and climate change within the United Nations system and examines issues of equity and distributive justice in international climate change frameworks such as the UNFCCC, Kyoto Protocol, and the Paris Agreement. The article expounds on opportunities for integrating human rights-based approaches into national and international climate policy and concludes on the need for further integration of both issues in future research and treaty negotiations. Keywords: Climate change, human rights, justice, policy, Paris Agreement","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"7 1","pages":"65-80"},"PeriodicalIF":0.0,"publicationDate":"2016-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V7I2.4","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557318","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":"The civil society and the regulation of the extractive industry in Nigeria","authors":"R. Ako, Eghosa O Ekhator","doi":"10.4314/JSDLP.V7I1.9","DOIUrl":"https://doi.org/10.4314/JSDLP.V7I1.9","url":null,"abstract":"This article focuses on the role of civil society organisations (CSOs) in impacting on trends and developments in the extractive industry in Nigeria. For example, CSOs take on the government to promote accountability and probity in the management of the sector that is beset by ineffectual regulation; alleged collusion with multinational corporations having as consequences environmental degradation and human rights abuses; and, ineffective judicial processes, among other things. On the other hand, CSOs are increasingly beginning to play prominent roles in collaborations with extractive corporations in the initiation and management of development programmes. In a nutshell, this paper aims to engage with both theoretical (based on the Hood et al conceptualisation of a regulatory regime, which encompasses information gathering, standard setting and behaviour modification activities) and practical frameworks (such as litigation, collaboration and pressure by CSOs) that explain the evolution of CSOs and their “regulatory” roles in Nigeria’s extractive industry. Civil society and civil society organisation are used interchangeably. Keywords: Nigeria, CSOs, extractive industry, regulatory framework","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"7 1","pages":"183-203"},"PeriodicalIF":0.0,"publicationDate":"2016-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V7I1.9","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557456","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":"The legal status of sustainable development in the Nigerian environmental law","authors":"E. Okon","doi":"10.4314/JSDLP.V7I2.6","DOIUrl":"https://doi.org/10.4314/JSDLP.V7I2.6","url":null,"abstract":"Sustainable development underpins environmental governance in all jurisdictions, but its legal status is still controversial. The major problem which Nigerian courts and policy-makers will continue to face when implementing and enforcing sustainable development in environmental governance is whether it is a moral or legal concept and, if it is the latter, whether it has metamorphosed into a legal principle or the rule of law having a normative value. This article argues that the legal status of sustainable development in Nigeria depends on which legal instrument it is incorporated and whether it is expressed in a general or specific mandatory language. Also, its legal status depends on the pronouncements of Nigerian courts on it. Methodologically, the qualitative content analysis is used to ascertain the legal status of sustainable development in the statutes and case law examined. In order to enhance the implementation and enforcement of sustainable development in the Nigerian environmental law, the conclusion of this article adopted as recommendations the latter part of its argument that sustainable development should be made an essential part of the right to life, the relevant constitutional provisions on the environmental should be amended to reflect it and, in addition, section 20 of the Constitution of the Federal Republic of Nigeria 1999 should be transferred to Chapter IV of the Constitution, which deals with fundamental human rights. Keywords: Sustainable development, legal status, implementation, enforcement and qualitative content analysis","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"7 1","pages":"104-134"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V7I2.6","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557428","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":"Book Review: Food And Agricultural Law: Readings on Sustainable Agriculture and the Law in Nigeria","authors":"Y. Akinseye-George","doi":"10.4314/JSDLP.V5I1","DOIUrl":"https://doi.org/10.4314/JSDLP.V5I1","url":null,"abstract":"Edited by Rhuks T. Ako and Damilola S. Olawuyi (Publisher: Afe Babalola University Press, Ado Ekiti, Nigeria; June 2015; 320 pages., Paper Back; c £70.00 / US$100, ISBN 978-1-926832-27-2)","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"5 1","pages":"242-249"},"PeriodicalIF":0.0,"publicationDate":"2015-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557224","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}