The balancing of interests in environmental law in Africa / / Michael Faure and Willemien du Plessis.

• VerfasserIn: Faure, Michael,; Plessis, Willemien du,
• TeilnehmendeR: Plessis, Willemien du,
• Place / Publishing House: Pretoria, South Africa : : Pretoria University Law Press (PULP),, 2012.
• Year of Publication: 2012
• Language: English
• Physical Description: 1 electronic resource (xxix 661 p.)

Now that economic development is startingto 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 innnovative 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 occassions balanced the interests between the economy, society and th environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy forms are also formulated, showing African countries how they can benefit from experiences in the US and Europe.

Table of Contents

Acronyms and abbreviations -- List of contributors -- Introduction -- Michael Faure & Willemien du Plessis -- 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 -- 3 Development and balancing of interests in environmental law: the case of Botswana -- 4 Cameroon's environmental framework law and the balancing of interests in socio-economic development -- 5 The environmental law framework of the Democratic Republic of the Congo and the balancing of interests -- 6 The scope of citizens' environmental rights protection under Ethiopian law -- 7 Ghana's environmental framework law and the balancing of interests -- 8 Development and the balancing of interests in Kenya -- 9 Lesotho's environmental framework law and the balancing of interest Niel Lubbe -- 10 Environment and development in Malawi - any balancing of interests -- 11 Development and balancing of interests in environmental policy and law in Mauritius -- 12 Development and the balancing of interests in Mozambique Simon Norfolk & Michaela Cosijn -- 13 Balancing of interests in environmental law in Namibia -- 14 Balancing of interests in environmental law in Nigeria Olawale Ajai -- 15 Striking the sustainability balance in South Africa -- 16 Development and balancing of interests in environmental law: Swaziland -- 17 Tanzania's framework environmental law and balancing of interests -- 18 Legal framework for development and balancing of interests in Uganda -- 19 Balancing interests through framework environmental legislation in Zimbabwe -- Comparative and concluding remarks -- Bibliography.