Masterarbeit, 2021
131 Seiten, Note: A
CHAPTER ONE GENERAL INTRODUCTION
1. INTRODUCTION
1.1 BACKGROUND TO THE STUDY
1.2 STATEMENT OF THE PROBLEM
1.3 RESEARCH QUESTIONS
1.4 OBJECTIVES OF THE RESEARCH
1.5 RESEARCH METHODOLOGY
1.6 SIGNIFICANCE OF THE STUDY
1.7 JUSTIFICATION FOR THE STUDY
1.8 LIMITATIONS OF THE STUDY
1.9 REVIEW OF THE LITERATURE
1.9.1 Gaps in Literature
1.10 CONCEPTUAL AND THEORETICAL FRAMEWORK
1.10.1 The Triple Pronged Theory
1.10.2 The Human Rights Based Approach
1.10.3 The Instrumentalist Model of Law
1.11 SCOPE OF THE STUDY
1.12 DEFINITION OF KEY TERMS
1.13 SYNOPSIS OF CHAPTERS
CHAPTER TWO ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT: GENERAL OVERVIEW OF CONCEPTS
INTRODUCTION
2.1 THE CONCEPT OF ENVIRONMENTAL PROTECTION: MEANING, NATURE AND SCOPE
2.2 PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW
2.2.1 The Principle of State Sovereignty and Responsibility
2.2.2 The Precautionary Principle
2.2.3 The Preventive Action Principles
2.2.4 The Principle of Good Neighborliness and International Corporation
2.2.5 The Polluter Pays Principle
2.2.6 The Principle of Common but Differentiated Responsibility
2.3 THE CONCEPT OF SUSTAINABLE DEVELOPMENT IN PERSPECTIVE
2.4 PRINCIPLES OF SUSTAINABLE DEVELOPMENT
2.4.1 The Principle of Intergenerational Equity
2.4.2 The Principle of Intra-generational Equity
2.4.3 The Principle of Sustainable Use of Natural Resources
2.5 The Nexus between Environmental Protection and Sustainable Development
2.6 CONCLUSION
CHAPTER THREE MANIFESTATIONS OF THE TENSIONS BETWEEN ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT
INTRODUCTION
3.1 CONCEPTUAL APPRAISAL OF THE CONFLICT BETWEEN ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT
3.1.1 The Argument Advanced By Developing Countries at Rio
3.1.2 Conflicting Objectives between Both Concepts
3.1.3 Achieving Sustainable Development May Not Necessarily Lead to Environmental Protection
3.1.4 Argument on the Priority of Rights
3.1.5 Argument on the Perception of the Principles of Intergenerational Justice
3.1.6 Tension Emanating From Complex Phraseology
3.2 PRACTICAL MANIFESTATION OF THE CONFLICT BETWEEN ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT
3.2.1 Expression of the Tensions in Cameroon
3.2.1.1 Existing Tensions between Forest Dependent Communities, Logging Companies and the State in South East Cameroon
3.2.1.2 The Impact of the Construction of the Memve’eve Hydroelectric Dan on Communities in the South Region
3.2.1.3 Developing Tension Over Logging of the Ebo Forest
3.2.2 Expression of Tensions Beyond Cameroon
3.2.2.1 Tensions Between Ethiopia and Egypt Over the Construction of the Renaissance Dam
3.2.2.2 Tensions Between the USA and China Over Climate Change
3.3 EFFECT OF THE EXISTING TENSIONS ON THE SOCIETY
3.4 CONCLUSION
CHAPTER FOUR MODELS AT RECONCILING THE TENSIONS BETWEEN ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT: CAMEROON IN PERSPECTIVE
INRODUCTION
4.1 RECONCILING SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PROTECTION BY ADOPTING CONCEPTS UNDER INTERNATIONAL LAW
4.1.1 Corporate Social Responsibility Model
4.1.2 Alleviation of Poverty Model
4.1.3 Debt-for-Nature Swap Approach
4.1.4 Technology
4.2 RECONCILING THE TENSIONS IN CAMEROON
4.2.1 Creation of a Joint Administrative Board for Environmental Protection and Sustainable Development
4.2.2 Conducting Environmental Impact Assessment
4.2.3 Encouraging Ecotourism
4.2.4 Signing of a Partnership Agreement between MINEPDED and FEICOM
4.3 THE EXTENT TO WHICH THESE MEASURES HAVE BEEN SUCCESSFUL
4.4 CONCLUSION
CHAPTER FIVE SUMMARY OF FINDINGS, RECOMMENDATIONS AND CONCLUSION
INTRODUCTION
5.1 SUMMARY OF FINDINGS
5.2 RECOMMENDATIONS
5.2.1 Encourage Nature-for-Sustainable Development Swaps
5.2.2 Promotion of Ecotourism
5.2.3 Simplification of EIA Procedure
5.2.4 Creating Specialized environmental tribunals and training of environmental magistrates
5.2.5 Revision of the 1996 Law on Environmental Management in Cameroon
5.2.6 Creation of an independent CSR regulatory body
5.3 CONCLUSION
This thesis investigates the inherent tensions between environmental protection and sustainable development, with a specific focus on the Cameroonian context. The central goal is to determine whether these two objectives are inherently inconsistent and to identify legal and policy measures under international law that can bridge this gap while navigating competing economic and developmental interests.
3.1 CONCEPTUAL APPRAISAL OF THE CONFLICT BETWEEN ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT
From the time the term sustainable development (SD) was ushered into the vocabulary of international environmental law by the Brundtland Report in 1972, the phrase become so pervasive such that it become the watch-word for international aid agencies, the jargon of development planners, the theme of conferences and learned papers and the slogan for developmental and environmental activities. Not long from when the concept was at its optimum did murmurs of disenchantment enter the fray. The term had become more or less a cliché, a fashionable phrase which everyone knows and accepts but no one cares to define. Further, various theories and arguments have be advanced to demonstrate the conflicting nature between environmental protection and sustainable development and to this the researcher now turns.
CHAPTER ONE GENERAL INTRODUCTION: This chapter introduces the global interest in environmental protection, outlines the research problems and methodology, and establishes the theoretical framework, including the triple-pronged theory and the instrumentalist model of law.
CHAPTER TWO ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT: GENERAL OVERVIEW OF CONCEPTS: This chapter analyzes the foundational concepts and legal principles governing environmental protection and sustainable development under international environmental law.
CHAPTER THREE MANIFESTATIONS OF THE TENSIONS BETWEEN ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT: This chapter uncovers theoretical and practical conflicts between both concepts, featuring case studies from Cameroon such as logging disputes and hydroelectric dam construction.
CHAPTER FOUR MODELS AT RECONCILING THE TENSIONS BETWEEN ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT: CAMEROON IN PERSPECTIVE: This chapter evaluates various models for reconciliation, including Corporate Social Responsibility and Environmental Impact Assessments, as tools for mitigating conflict in Cameroon.
CHAPTER FIVE SUMMARY OF FINDINGS, RECOMMENDATIONS AND CONCLUSION: This chapter synthesizes the research findings and offers policy recommendations, such as the creation of environmental tribunals and the revision of existing environmental management laws.
Environmental Protection, Sustainable Development, International Environmental Law, Cameroon, Corporate Social Responsibility, Environmental Impact Assessment, Ecotourism, State Responsibility, Natural Resources, Poverty Alleviation, Green Imperialism, Biodiversity, Human Rights, Legal Framework, Policy Reconciliation.
The research explores the tensions and apparent inconsistencies between environmental protection and sustainable development, particularly emphasizing the administrative and legal challenges faced by developing countries like Cameroon.
The paper covers the evolution of international environmental law, the theoretical conflicts between development and conservation, the practical manifestation of these tensions in regional projects, and the role of CSR and impact assessments.
The main question is whether attempts to protect the environment are fundamentally inconsistent with the objectives of development, and how these two conflicting interests can be effectively reconciled.
The study utilizes a qualitative research methodology, specifically focusing on the doctrinal legal approach to analyze statutes, case law, and international instruments.
The main body examines the historical evolution of environmental law, identifies areas of conflict via case studies (such as the Ebo forest and Memve’ele dam), and evaluates various models for reconciliation.
Key terms include Environmental Protection, Sustainable Development, International Environmental Law, Cameroon, Corporate Social Responsibility, and Natural Resource Management.
The author discusses how developed countries may impose environmental standards on developing nations, potentially using financial incentives to control natural resources under the mask of conservation.
This model is used to argue that law should be seen as a functional tool used by groups or states to achieve specific societal ends, such as balancing the need for economic development with environmental safeguards.
The author advocates for the creation of specialized environmental courts, the training of dedicated environmental magistrates, and a systemic revision of the 1996 Law on Environmental Management.
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