University of Khartoum

Compliance, Implementation and Enforcement in International Environmental Law

Compliance, Implementation and Enforcement in International Environmental Law

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Title: Compliance, Implementation and Enforcement in International Environmental Law
Author: Deng, Benjamin Baak
Abstract: The devastating global impact of environmental harm justifies the proposition that protection and preservation of environment is of crucial importance to the future of mankind. Opinions differ on the question of how much protection the environment needs; how this protection should be organized; and to what part of the society the rules governing protection should be directed. This thesis traces the historical evolution of international environmental law, its sources, principles, rules and concepts. Environmental impact assessment is explored as a tool for integrating environmental issues into economic development. The laws and regulations suited to country-specific conditions are discussed within the context of the role of national environmental law. The Convention on biological divesity is also analysed on the premise that loss of diversity of life diminishes the chances of medical discoveries and economic development. A breach of an international obligation gives rise to reparation and standing to bring international claims is confined to injured states. The thesis reaches a conclusion that environmental obligations stipulated in treaties are neither being adequately complied with nor implemented by most contracting parties at the national, regional and international levels: Appropriate and adequate framework procedures, guidelines and regulations which are important prerequisites to establishment of viable EIA systems are lacking in many developing countries; public participation in development consent is very limited and inadequate: and coordination between different sectors of government ministries handling various environment resources is a serious problem in orienting government institutions towards implementation of countries’ international environmental obligations. The thesis recommends that developing countries enact enabling legislation and/or regulation, on EIA as soon as practicable especially in Africa, and ensure that appropriate and adequate framework procedure and guidelines be put in place.
Description: 257 Pages
URI: http://khartoumspace.uofk.edu/handle/123456789/17397
Date: 2015-12-02


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