Enviromental law assignment PDF

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What is meant by the term “Environment? Environment presents further difficulties. None of the major treaties, declarations, codes of conduct guidelines, etc. referred to throughout this work attempt directly to do so. No doubt this is because it is difficult to both identify and to restrict the scope of such an amorphous term which could be used to encompasses anything from the whole biosphere to the habitat of the smallest creature or organism. Dictionary defines range from something that environment to the whole complex of climatic, edaphic and biotic factor that act upon an organism or an ecological community and ultimately determines its form or survival: the aggregate way of social or cultural conditions that influence the life of an individual or a community or more simply the surroundings or conditions in which a person, animal or plants live or operate. The declaration of 1972 Stockholm conference on the human environment and development {WCED} relied on even more sufficient approach: it remarked that the environment is all we live. The 1992 Rio declaration on the environment and development refers at many points to environmental needs, environmental protection, and environmental declaration and so on but nowhere identifies what these include. Interestingly it escrows the term entirely in principle one declaring instead that human beings are entitled to a healthy and productive life in harmony with nature {emphasis added}.One of the few bodies to prefer a definition is the European commission. In developing an ‘action program on the environment’. It defined environment as combination of elements whose complex interrelationships makeup the setting of the surroundings and the conditions of the life of the individual and of the society as they are and as they are felt. Many convections avoid the problem however no doubt because as Coldwell remarks’ ‘it is a term that everyone understands and no one reliable to define. Development of Modern International Environment Law. The development of modern International Environmental law starting essentially in the 1960s has been one of the most remarkable exercises in international law making, comparable only to the law of human rights and the international trade law in the scale and form it has taken. Authors rightly draw attention ‘to a Grandefertilite de cattebranche du droit international.’ The law which has emerged from this process is neither primitive nor unsystematic, though unsurprisingly it has weakness as will see. It is of course possible to argue that other approaches to global environmental management mighty be more desirable, or more officious. But to say that economic or political model have as much or more to contribute than international law is merely to observe that protecting environment is not exclusively a problem for lawyers. Moreover given the shallowness of some of their theorizing about the environment, its far from clear that economists or international relations theorist can save the planet.

Similarly it would be naïve to expect international law to remedy problems of complexity the world’s environment now faces without an underlying political scientific and technical commitment on the part of states and a corresponding response in national legal and political systems. Whether that commitment is more than superficial or symbolic remains an open question. It is not purpose of this book to explore the place of international environmental law within the broader context, but we do attempt it to show how it has provided the framework for cooperation between developed and developing states. For measures aimed at equitable and sustainable use of natural resources, for the resolution of international environmental disputes for the promotion of greater transparency and public participation in national decision making and for the adoption and harmonization of a great of national environmental law. The developments have created the system of international environmental law and regulation. Common Law Principles and the Development of Environmental Law, The application of modern environmental law have been shaped by a set of principles and concepts outlined in publications such as our common future {1987}, Principle of Sustainable Development {Rea declaration ]: is the princinciple used for future generation, sustainably. As in Section 7{3] and Section 3 of Enviromental Management Act. The modern concept of sustainable development in 1972 United Nations Conference on the Human Enviroment [Stockholm Conference],and the driving force behind the 1983 World Comission on Enviromentand Developmet [WCED, or Brutland Commision]. Sustainable development its limit on the use and exploitation of environmental sources also it intergrates environment development concern and environmental planning.

Precautionary Principle; In this case of many activities that entail some change to the environment, it is impossible to determine precisely what effects on the activity will have on the quality of the environment or on human health.The precautionary principle requires that,if there is no suspicion that a certain activity may have environmentally harmfull consequences,it is better to control that activity now rather than to wait for incontrovertible scientific evidence.According to section 5 sub [3] and Section 7 sub(4) of Enviromental Managemet Act.

The Prevention Principle; Is the fundamental notion behind laws regulating the generation, transportation, treatment, storage, and disposal of hazardous waste and laws regulating the use of pesticides.The principle was the foundation of the Basel Convection on the Control of Transboundary Movements of Hazardous Waste and their disposal(1989),which sought to minimize the production of hazardous waste and to combact illegal dumping.

The Principle of Intergenerational Equity; it focuses on protecting on the rights of future generation. Maintainance of the prevent and future generation. As in the case of Opasa Vs Factoran in the principle of Reo declaration 1992.

The Polluter Pays Principle; Is the person source of pollution should be in charge or responsible or other sanction. Many economist claim that much environmental harm is caused by producers who ‘externalize” the cost of their activities.For example,factories that emit unfiltered exhaust into the atmosphere or discharge untreated chemicals into a river pay little to dispose of their waste.According to section 5 sub(3) and section 7 sub(3) of the Enviromental Management Act. As in the case of Indian Council for Enviromental Action V union of India.

Enviromental Impact Assessment; is the principle which support the principle of sustainable development. Is the principle which is required for the state to look for the negative damages impact it may take before the implementation be done.So the principle emphasize on scientific before starting the part of Enviromental Management Act in Section 81 to Section 280.

Development of Environmental in Tanzania.

Over the past few decades, environmental protection has emerged from a point of obscurity to one of the important issues of our time. Both at the international and national planes, the dominant theme of the environmental protection movement are the achievement of sustainable development. It is the theme, which underlies the Rio Declaration on Development and Environment, the Tanzania National Environmental Action Plan (NEAP) and the Tanzania National Conservation Strategy for Sustainable Development (NCSSD).1 The contemporary international norm which underpins environmental law generally is undoubtedly the notion of sustainable development. The pioneering World Commission on Environment and Development (the Brundtland Commission) convened by the United Nations General Assembly in 1983 in response to global environmental concerns, describes sustainable development as, ‘the development that meets the needs of the present without compromising the ability of future generations to meet their own needs’. According to the NEAP, the key policy instruments and strategies for achieving sustainable development are environmental impact assessment, environmental legislation, economic instruments, environmental indicators and standards, and public participation. The purpose of this paper is to give an outline of environmental law, policy and institutions in Tanzania. It is intended to give an understanding of environmental law and policy and how the same is covered under the newly enacted Environmental Management Act, 2004. In 1989, the General Assembly of the United Nations called for a global conference to devise strategies that would halt and reverse the negative impacts of anthropogenic activities on the environment and promote sustainable development. The United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro, Brazil, 3-14 June 1992, fulfilled the mandate given to it by the General Assembly by adopting Agenda 21, which is a programmer of action for sustainable development into the 21st century, the Rio Declaration on Environment and Development and the Forest Principles, a non-legally binding authoritative statement of principles for a global consensus on the management, conservation and sustainable development of all types of forests. 1 Environmental law and development journal

Thus, during the 1992 UNCED held in Rio de Janeiro, Tanzania, together with other countries, made a declaration to abide by the principle of sustainable development based on the recognition that ‘the current generation should meet their needs without compromising the ability of future generations to meet their needs. The government is signatory and has acceded to a number of other international and regional environmental treaties as follows:  Convention on Biological Diversity ratified on 8 March 1996;  Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region and Related Protocols ratified on 1 March 1996;  United Nations Convention to Combat Desertification ratified in April 1997;  United Nations Framework Convention on Climate Change ratified in April 1996;  The Vienna Convention on the Protection of Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer acceded on 7 April 1993 and 16 April 1993 respectively;  Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal acceded on 7 April 1993 and,  Bamako Convention on Ban of the Import into Africa and the Control of Transboundary Movements of Hazardous Wastes within Africa ratified on 7 April 1993.2 One of the challenges that faced Tanzania after acceding to the Rio Declaration was in the taking of necessary legislative steps to ensure sustainable development. Therefore, Tanzania made concerted efforts to alleviate environmental concerns with a view to achieving sustainable development. Although progress in many areas remains slow, the government is nevertheless engaged in a major exercise aimed at formulating or reviewing national policies for the sectors.9 Thus, the Planning Commission under the President’s Office is charged with national development planning and economic management. The main function of the Planning Commission is economic management and coordination of development activities including 2 Environmental law and institution in Tanzania

integration of environmental concerns in development planning. At the central and local government levels, there are several line ministries and government departments whose work is of relevance to environment and sustainable development. In addition to the government organizations, there are more than 100 non-governmental organizations (NGOs) and communitybased organizations (CBOs) which are involved in implementing programmers which relate to the environment and sustainable development. Academic institutions, the business community and professional associations are also involved in this task. Specific activities related to the commitment to environmental concerns at the national level included the finalization and endorsement of the NEAP, which reflects the findings and recommendations of the National Conservation Strategy for Sustainable Development, and the drafting of a national environmental policy.12 Participants in these activities included government agencies, the private sector, NGOs, local communities, and academia. Sect oral activities included among others, the preparation of a national mining sector and environmental policy.3

3 Tanzania national environmental policy in 1997....