TAG: environmental law

Keeping Them Honest

Compliance for Environmental Law

It is essential that a country put in place sound environmental policies and a suitable legal framework in a bid to tackle environmental challenges. However laws and policies serve no purpose at all if compliance is lacking. Monitoring whether or not environmental laws are complied with is a crucial element of environmental protection, though it be a mammoth task. Compliance is quite important because environmental laws are primarily preventative, they basically constitute rules formulated such that environmental damage is either minimised or prevented if possible. It is unimaginable that a state can trust that subjects will comply willingly, like all… read more

Model Laws For All

environmental-laws

In matters of common interest in the international community, there exists a practice wherein model laws are drafted for sovereign states to use as a blueprint for national legislation. Environmental model laws also exist, this article seeks to expose the disadvantages of using such instruments in the developing world. In principle, there is nothing wrong with using a model law as a foundation for drafting national legislation. However in a time when there is mounting pressure on all nations of the world to enact relevant environmental legislation and formulate sound environmental policies, there may be danger in using model law… read more

Justice Delayed Is Justice Denied

Environmental law

In most civilised legal systems specialised courts are established for special crimes. Examples include tax courts, labour courts, and white collar crimes courts. The importance of having specialised courts is that crimes and civil suits of a technical nature are dealt with without the delay they would suffer if put to traditional court structures. As the need to protect environmental media continues to escalate in importance, and climate change law continues to develop, environmental courts are going to be needed to deal specifically with criminal and civil matters pertaining to the environment and climate change. What must always be borne… read more

Environment Not For Sale

Environmental law in Africa

Foreign investment can play a critical role in improving the economic conditions in developing countries. As a result, many African countries are keen to have foreign based companies invest and set up shop within their borders. Foreign investment is hardly free, in most cases foreign companies benefit in some or other way from operating in a foreign jurisdiction. They may benefit from a number of advantages including the natural resources such country has to offer, corporate tax rates, and from lax environmental laws. Where environmental laws are concerned, it may be that in the company’s country of origin there are… read more

Name And Shame

Nuclear_power_environmenal_collage

In many jurisdictions a distinction is made between company records that must be made available to the public by law, and records that companies may disclose at its own discretion. There has been some debate in the legal fraternity as to whether company documents pertaining to environmentally hazardous activity falls within the ambit of compulsory public disclosure. Looking at the nature and theme of records that are subject to compulsory public disclosure, the one underlying common factor is that disclosure of such records serves some or other public interest. For instance, laws of a country may require that a company disclose… read more