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Ghanaian Environmental Law: International and National Perspectives

Ghanaian Environmental Law: International and National Perspectives

Author: George Agyemang Sarpong
Publisher: Wildy, Simmonds and Hill Publishing
ISBN: 9780854902507
Published In: April 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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As a subject, Ghanaian Environmental Law has been influenced by Ghana’s participation in several treaty arrangements aimed at addressing contemporary international challenges such as climate change, marine pollution and conservation of biodiversity.

The approach adopted in this book is to ascertain the extent to which Ghanaian environmental jurisprudence has been influenced by Ghana’s participation in the various fora or treaty arrangements on the subject. In that regard, using examples from the marine environment, wetlands and biotechnology, an attempt is made to provide an insight into Ghanaian implementation of treaty norms and draws lessons for legislators and policymakers.

Ghanaian Environmental Law: International and National Perspectives has been structured to deal with basic doctrinal issues such as the nature, sources and development of Environmental Law; as well as other core aspects of the subject such as environmental justice. The role of regulatory bodies in environmental management and protection and the regulatory frameworks for the conservation, management and utilisation of natural resources are also discussed.

George Agyemang Sarpong is the Managing Partner of G. A Sarpong & Co., Legal Practitioners and Consultants, Accra. A retired military officer and a former Director of the Ghana School of Law, he is an alumnus of the Universities of Ghana, British Columbia and London (SOAS). He has published widely on environmental and public international Laws.

CONTENTS

PREFACE;

ABOUT THE AUTHOR;

LIST OF ABBREVIATIONS;

CHAPTER 1: NATURE, SCOPE AND CONTENT OF ENVIRONMENTAL LAW;

1.1 INTRODUCTION;

1.2 THE ENVIRONMENT;

1.3 WHAT THEN IS ENVIRONMENTAL LAW?;

1.4 AN OVERVIEW OF ENVIRONMENTAL PROBLEMS;

1.5 REASONS FOR CONCERNS FOR THE ENVIRONMENT;

1.6 SCOPE OF ENVIRONMENTAL LAW;

1.7 ENVIRONMENTAL LAW AND THE LAW OF SUSTAINABLE DEVELOPMENT;

CHAPTER 2: THE EVOLUTION OF THE ENVIRONMENTAL LEGAL REGIME;

2.1 INTRODUCTION;

2.2 STAGES OF DEVELOPMENT;

2.3 THE MDGS AND SDGS;

2.4 CLIMATE CHANGE

CHAPTER 3: SOURCES AND PRINCIPLES OF ENVIRONMENTAL LAW;

3.1 BACKGROUND;

3.2 INTERNATIONAL CONVENTIONS ;

3.3 CUSTOM AND GENERAL PRINCIPLES OF LAW;

3.4 JUDICIAL DECISIONS AND WRITINGS OF PUBLICISTS;

3.5 SOFT LAW INSTRUMENTS;

3.6 SOURCES OF NATIONAL ENVIRONMENTAL LAW;

3.7 CONSTITUTIONAL PROVISIONS ON THE ENVIRONMENT AND THEIR SIGNIFICANCE;

3.8 CONCLUSION;

CHAPTER 4: GHANAIAN ENVIRONMENTAL LAW: THE INTERNATIONAL AND CONSTITUTIONAL BASES;

4.1 INTERNATIONAL ENVIRONMENTAL LAW IN GHANAIAN JURISPRUDENCE;

4.2 THE CONSTITUTION, THE JUDICIARY AND ENVIRONMENTAL LAW: INTERNATIONAL AND NATIONAL PERSPECTIVES;

4.4 THE COMMON LAW RULES;

4.5 THE CRIMINAL LAW AS A TOOL FOR ENVIRONMENTAL PROTECTION

CHAPTER 5: REGULATORY AUTHORITIES AND THE GHANAIAN ENVIRONMENT;

5.1 INTRODUCTION;

5.2 ENVIRONMENTAL REGULATION: AN OVERVIEW;

5.3 THE NATIONAL ENVIRONMENTAL POLICY, 2010;

5.4 THE ENVIRONMENTAL PROTECTION AGENCY;

5.5 THE REGULATORY AND ENFORCEMENT FUNCTIONS OF THE EPA;

5.6 POWER TO MAKE REGULATIONS;

5.7 THE GHANAIAN EIA REGIME AND INTERNATIONAL ENVIRONMENTAL LAW (IEL);

5.8 THE WEST AFRICAN GAS PIPELINE (WAGP);

5.9 PETROLEUM EXPLORATION AND TEIAS;

5.10 INTERNATIONAL ENVIRONMENTAL LAW TO THE RESCUE? THE EU EXPERIENCE: APPLYING TRANSFERABLE LESSONS;

5.11 THE REGULATORY FUNCTIONS OF DISTRICT ASSEMBLIES;

5.12 REGULATORY AUTHORITIES AND THE PROTECTION OF ANIMAL, HUMAN AND PLANT LIFE

5.13 RELEVANT INTERNATIONAL INSTRUMENTS;

5.14 RELEVANT GHANAIAN LEGISLATION ON ANIMAL HEALTH, FOOD SAFETY AND PLANT HEALTH REGULATION;

5.15 THE REGULATORY REGIME-GAPS, CONFLICTS AND OVERLAPS;

5.16 REVIEWABILITY OF ACTIONS OF THE REGULATORY AUTHORITIES;

CHAPTER 6: GHANAIAN CONSTITUTIONAL AND INSTITUTIONAL FRAMEWORKS FOR THE MANAGEMENT OF NATURAL RESOURCES;

6.1 THE 1992 CONSTITUTION, THE ENVIRONMENT AND NATURAL RESOURCES;

6.2 THE REGIME FOR LAND TENURE IN GHANA;

6.3 INSTITUTIONAL ARRANGEMENTS FOR LANDS AND NATURAL RESOURCE MANAGEMENT AND UTILIZATION;

6.4 THE CONSTITUTIONAL AND INSTITUTIONAL ARRANGEMENTS FOR THE MANAGEMENT OF FORESTS IN GHANA;

6.5 THE INSTITUTIONAL, POLICY AND LEGISLATIVE FRAMEWORKS;

6.6 LEGISLATIVE INITIATIVES;

6.7 THE FORESTRY REGIME: CONCLUSION;

6.8 GAME AND WILDLIFE;

6.9 MINERALS AND MINING;

CHAPTER 7: WATER AND THE ENVIRONMENT;

7.1 INTRODUCTION;

7.2 SOME INTERNATIONAL INITIATIVES AND THE WATER SECTOR;

7.3 THE VOLTA BASIN AUTHORITY CONVENTION;

7.4 THE NATIONAL WATER POLICY (NWP);

7.5 RIPARIAN BUFFER ZONE AND WATER BASIN POLICIES;

7.6 THE LEGAL FRAMEWORK: PLURALISM AND GHANAIAN WATER LAWS;

7.7 THE IRRIGATION SUB-SUBSECTOR;

7.8 WATER AND THE ENVIRONMENT: CONCLUSION;

7.9 THE ENERGY SECTOR;

7.10 SCIENTIFIC INSTITUTIONS;

CHAPTER 8: CONVENTIONAL NORMS AND NATIONAL IMPLEMENTATION: SOME GHANAIAN EXAMPLES; 8.1 BACKGROUND;

8.2 THE MARINE ENVIRONMENT;

8.3 THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA: AN OVERVIEW;

8.4 GHANA, UNCLOS AND THE MARINE POLLUTION PROBLEM;

8.5 UNCLOS, INTERNATIONAL INSTRUMENTS AND FISHERIES IN GHANA;

8.6 THE INSTITUTIONAL AND LEGISLATIVE FRAMEWORKS FOR FISHERIES IN GHANA; 8.7 WETLANDS;

CHAPTER 9: BIOTECHNOLOGY AND THE GHANAIAN ENVIRONMENT: INTERNATIONAL AND NATIONAL DIMENSIONS;

9.1 THE INTERNATIONAL DIMENSION;

9.2 THE GHANAIAN BIOTECHNOLOGY REGIME;

9.3 STATUS OF BIOTECHNOLOGY IN GHANA;

9.4 THE FOOD SOVEREIGNTY CASE: SOME LESSONS IN BIOTECHNOLOGY LITIGATION;

9.5 IMPLEMENTATION OF ENVIRONMENTAL TREATY NORMS IN GHANA: AN APPRAISAL;

CHAPTER 10: CONCLUSION;

BIBLIOGRAPHY;

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