The book deals with basic doctrinal issues such as the nature, sources and development of environmental law in Ghana. The role of regulatory bodies in environmental management and protection and the regulatory frameworks for the conservation, management and utilisation of natural resources are also discussed.
Due to the strong inroads that Western scientism and Western Christianity have made in Africa as a result of colonialism, post-colonial African governments have tended to rely solely on Western scientific conservation epistemologies and models to the neglect of those of the Indigenous African peoples in addressing their environmental problems. However, there is enough evidence that neither modern (scientific) nor indigenous epistemologies and modes of addressing current ecological problems ar...
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.
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.
"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.
An Environmental Impact Assessments (EIA) is a procedure for evaluating the impact of proposed activities on the environment. In modern Africa, EIAs are a growing reality and a matter of law in 22 sub-Saharan African countries. This volume examines various aspects of EIA legislation in these countries, including: definitions and prescribed activities; public participation and consultation; the review process and the quality of EIA reports; monitoring and enforcement; compatibility; and transboundary issues. It highlights the role and degree of public participation for the further development of EIA law and policy.
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 handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.