Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

The balancing of interests in environmental law in Africa

The balancing of interests in environmental law in Africa
Edited by Michael Faure and Willemien du Plessis
2012
ISBN: 978-1-920538-05-7
Pages: xxix 661
Print version: Available
Electronic version: Free PDF available

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About the publication

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.

About the editors:

Michael Faure is the Academic Director at the Maastricht European institute for Transnational Legal Reserach (METRO), Professor of Comparative and International Environmental Law and Academic Director of Ius Commune Research School, Maastricht University.
Willemien du Plessis 
is Professor at North West University, Potchefstroom Campus and an Advocate of the High Court.


Table of Contents

Acronyms and abbreviations
List of contributors
Introduction
Michael Faure & Willemien du Plessis

Chapters

  • 1. Balancing of interests: some preliminary (economic) remarks
    Michael Faure
  • 2. The balance of sustainability interests from the perspective of the African Charter on Human and Peoples’ Rights
    AA du Plessis
  • 3. Development and balancing of interests in environmental law: the case of Botswana
    Bugalo Maripe
  • 4. Cameroon’s environmental framework law and the balancing of interests in socio-economic development
    Oliver Njuh Fuo & Sama Memuna Semie
  • 5. The environmental law framework of the Democratic Republic of the Congo and the balancing of interests
    Kihangi Bindu Kennedy
  • 6. The scope of citizens’ environmental rights protection under Ethiopian law
    Mekete Bekele Tekle
    7. Ghana’s environmental framework law and the balancing of interests
    E Abotsi
  • 8. Development and the balancing of interests in Kenya
    Robert Kibugi
  • 9. Lesotho’s environmental framework law and the balancing of interest
    Niel Lubbe
  • 10.Environment and development in Malawi – any balancing of interests
    J Kalima
  • 11. Development and balancing of interests in environmental policy and law in Mauritius
    Odile Lim Tung
  • 12. Development and the balancing of interests in Mozambique
    Simon Norfolk & Michaela Cosijn
  • 13. Balancing of interests in environmental law in Namibia
    Alet Louw
  • 14. Balancing of interests in environmental law in Nigeria
    Olawale Ajai
  • 15. Striking the sustainability balance in South Africa
    W du Plessis & AA du Plessis
  • 16. Development and balancing of interests in environmental law: Swaziland
    Elmene Bray
  • 17. Tanzania’s framework environmental law and balancing of interests
    Daniel M. Pallangyo
  • 18. Legal framework for development and balancing of interests in Uganda
    Emmanuel Kasimbazi
  • 19. Balancing interests through framework environmental legislation in Zimbabwe
    Tumai Murombo

Comparative and concluding remarks
Michael Faure & Willemien du Plessis
Bibliography


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