Application of International Standards in Drafting Environmental Legislation and Law Reform Projects: The African Experience

Drafting environmental legislation in African countries began during the colonial period. The drafting of environmental legislation can be divided into five phases. The first phase which was before 1960 was characterized by total reliance on traditional common law and civil law regimes. It focused on production and pollution through command-and-control regimes. During this period, the legislation aimed at regulation of specific resources and collection of revenue and not the management of the environment as a whole. It emphasized physical planning and zoning in order to cope with urban development. It was also based on sectors such as public health, fisheries, forestry and wildlife. Notably absent were elements such as environmental impact assessment, public participation, revenue sharing and collaborative management. The second phase was the period 1960-1969; during this period, the situation was more or less the same as the first except that sectoral and functional statutes were strengthened. The third phase was between 1970 and 1980. During this period several sectoral and functional Statutes were developed, but without any coordinating institution. The last phase was from 1990 to date. During this period environmental legislation was drafted. This is a legislative technique for environmental management under the "umbrella" of framework law. Framework environmental laws are enacted to cover the entire spectrum of cross-sectoral environmental issues and to facilitate a more cohesive, coordinated and holistic approach to environmental management. They establish a single environmental agency to oversee environmental management and cover such cross-sectoral issues as environmental impact assessment, environmental quality criteria and public participation in decision-making and implementation. The purpose of this paper is to analyse the application of international standards in drafting environmental legislation in Africa. It will refer to environmental related legislation where international standards have been applied.



Journal Title: International Journal of Legislative Drafting and Law Reform

Category: Law

ISSN: 2050-5191

Year of Establishment: 2012

Section: Law

Volume: 1

Issue: 1

Total Download: 0

Emmanuel Kasimbazi. 2024 Application of International Standards in Drafting Environmental Legislation and Law Reform Projects: The African Experience. International Journal of Legislative Drafting and Law Reform. 1 (1). 7-24. https://doi.org/10.61955/RHECLI

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