Overview of Environmental Laws in Africa: Towards the Emergence of an ‘Africanization’ of Environmental Protection Standards?

Strengthening the implementation of environmental rules is now a main issue for national and environmental law. The environment theme is far from new and has been closely linked to African experts since the 1960s. Indeed, it was in Africa where one of the first major conventions on the conservation of nature and natural resources was initiated. In many African countries, the field of environmental law is notable for the profusion and variety of principles and regulations concerning the preservation of the environment. However, this abundance of legal standards is at odds with the actual practice of environmental protection due to the vast majority of these environmental rules not being implemented. It is necessary to draw attention to the need for improved articulation of African rights with international environmental law to assist Africa in addressing this challenge. This article analyses how the execution and implementation of current environmental legislation in Africa, with an African specificity, could lead to an ‘Africanization’ of environmental protection, which can also help in resolving the discrepancies that arose when norms of external origin were incorporated into African legal frameworks.

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Publication Details

Journal
Groningen Journal of International Law
Published
2024-12-30
DOI
https://doi.org/10.21827/grojil.11.2.256-279
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
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article

Overview of Environmental Laws in Africa: Towards the Emergence of an ‘Africanization’ of Environmental Protection Standards?

Sanae Bouyayachen
Groningen Journal of International Law
Legal Issues in South Africa
article

Overview of Environmental Laws in Africa: Towards the Emergence of an ‘Africanization’ of Environmental Protection Standards?

Sanae Bouyayachen
article en

Abstract

Strengthening the implementation of environmental rules is now a main issue for national and environmental law. The environment theme is far from new and has been closely linked to African experts since the 1960s. Indeed, it was in Africa where one of the first major conventions on the conservation of nature and natural resources was initiated. In many African countries, the field of environmental law is notable for the profusion and variety of principles and regulations concerning the preservation of the environment. However, this abundance of legal standards is at odds with the actual practice of environmental protection due to the vast majority of these environmental rules not being implemented. It is necessary to draw attention to the need for improved articulation of African rights with international environmental law to assist Africa in addressing this challenge. This article analyses how the execution and implementation of current environmental legislation in Africa, with an African specificity, could lead to an ‘Africanization’ of environmental protection, which can also help in resolving the discrepancies that arose when norms of external origin were incorporated into African legal frameworks.

Groningen Journal of International LawVol. 11(2)
Openalex Percentile: Top 51%
Legal Issues in South Africa
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Overview of Environmental Laws in Africa: Towards the Emergence of an ‘Africanization’ of Environmental Protection Standards? — Sanae Bouyayachen · Groningen Journal of International Law (2024) | TGRS Research Map | TGRS