IUCN, Environmental Law Programme

The African Convention on the conservation of nature and natural resources was adopted in 1968 in Algiers. Considered the most forward looking regional agreement of the time, it influenced significantly the development of environmental law in Africa. Two and a half decades of intense developments in international environmental law made it necessary to revise this treaty, update its provisions and enlarge its scope. This was undertaken under the auspices of the African Union (previously OAU), and the revision was adopted by its Heads of State and Government in July 2003 in Maputo.

This is a unique publication relating to legal frameworks of natural resources management. Following the “Legal and Institutional Frameworks for Sustainable Soils” (EPLP 45), this publication contributes to the revision of existing, and drafting of new, legislation relating to soils. It highlights the need for national soil policy, and sets out a soil management plan. It proposes legal and institutional elements that specifically address the needs of disadvantaged people, particularly women.

An analysis is provided of the most relevant provisions on freshwater ecosystems conservation, present in international treaties, and bilateral and multilateral agreements relating to rivers and lakes. Included also an analysis of relevant European Union legislation.

The African Convention on the conservation of nature and natural resources was adopted in 1968 in Algiers. Considered the most forward looking regional agreement of the time, it influenced significantly the development of environmental law in Africa. Two and a half decades of intense developments in international environmental law made it necessary to revise this treaty, update its provisions and enlarge its scope. This was undertaken under the auspices of the African Union (previously OAU), and the revision was adopted by its Heads of State and Government in July 2003 in Maputo.

The book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies.

Customary laws, established by communal practice and usage for generations and passed down through oral tradition, are familiar, effective and continue to be practiced to a greater or lesser extent throughout the Northern Areas. And yet few of them have been documented so far. The objective of this survey and analysis was to draw out and understand the issues at the interface of customary laws governing the use and management of natural resources in the Northern Areas and statutory laws applied for the same purpose.

Formally acknowledging water as a human right could encourage the international community and governments to enhance their efforts to satisfy basic human needs and to meet the Millennium Development Goals. But critical questions arise in relation to a right to water. What would be the benefits and content of such a right? What mechanisms would be required for its effective implementation? Should the duty be placed on governments alone, or should the responsibility also be borne by private actors?