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Part IX International Environmental Law in National/Regional Courts, Ch.61 Africa

Louis J Kotzé

From: The Oxford Handbook of International Environmental Law (2nd Edition)

Edited By: Lavanya Rajamani, Jacqueline Peel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 18 August 2022

Subject(s):
International environmental law — Relationship between international and domestic law

This chapter reflects on examples where some domestic and regional African courts have engaged directly and indirectly with international environmental law (IEL). Generally speaking, African states have had and continue to have a tenuous and/or superficial relationship with IEL. Having said this, Africa is also a site for innovation and progressive development in the area of IEL, especially through the work of the courts. Regional quasi-judicial institutions are pioneering the innovative jurisprudential development of environmental norms, while domestic African courts are increasingly, either directly or indirectly, interpreting, applying, and further refining IEL. Collectively, while one must be wary of the challenges and barriers to the implementation of IEL, such innovation bodes well for the potential and gradual development of a more amicable and constructive relationship between IEL and Africa.

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