Clean Environment As A Human Right, With Particular Reference To Sudan And India

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Faiza Ali Eissa Bushara
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University of Khartoum
This study aims to examine the right to clean environment as a human right, particularly in Sudan and India. It is divided into four chapters .Chapter One is about clean environment as a constitutional right, chapter Two attempts to examine development in Sudan environmental legislations, and chapter Three deals with the implementation of environmental legislations and chapter four concludes the whole thesis and tenders some recommendations It analyzed the main developments in the field of environmental protection offered by the constitutions of the Sudan, as well as Sudan legislation and the role of the courts in the implementation of these laws. The thesis tackles the environment and water resources pollution from a legal point of view. The thesis also discusses the new policy of Sudan of paying attention to the protection of environment, which is represented in the establishment of many environmental institutions, including environment court. It referred to some cases seen by the environment court. It also referred to the Constitution of India, and the Indian environmental laws and the implementation by the Indian courts as well, considering that India is one of the advanced countries in this field. Finally, the thesis noted that many of these laws are not applied, given the lack of environmental awareness among the authorities and the citizens, and then made some observations and recommendations among which is the necessity of always taking into consideration the Environment Protection Act when enacting legislations related to the environment activities such as, investment , lands , industries and rural planning in order to avoid occurrence of any conflict or contradiction between these particular laws and the Protection of environment Act which is deemed a frame work of all the relevant laws. Another recommendation is that environmental impact assessment should be made within the framework of appropriate environmental guidelines . Thirdly, it is the necessity to incorporate well known principles into the local body of law such as Polluter Pays principle , under which the party responsible for causing pollution is strictly liable for damages incurred .Fourthly, the Coordination between the authorities responsible for the protection of environment be extended in accordance with the conception that environmental security is the responsibility for all . Fifthly the River Nile and the Red Sea need special laws to protect their environment and their natural resources. Sixthly, the extensive spreading of mobile phone towers makes it necessary to establish an independent national committee to make people aware of the dangers of radiation .Lastly, in reviewing laws relating to air pollution specially the Road Traffic Act, the legislator should issue strict laws to prevent air pollution , given increase of pollution from motor car exhaust pipes.
A Thesis Submitted to the University of Khartoum in Partial Fulfillment of the Requirements of LL.M. Degree
Clean Environment Human Right Sudan India International and Comparative Law University of Khartoum
Faiza Ali Eissa Bushara, Clean Environment As A Human Right,With Particular Reference To Sudan And India .- Khartoum : University of Khartoum, 2010 .- 149p. : illus., 28cm., M.Sc