Land Use Law for Sustainable Development

doi:10.1017/CBO9780511511400

This 2007 book surveys the global experience to date in implementing land-use policies that move us further along the sustainable development continuum. The international community has long recognized the need to ensure ongoing and future development is conducted sustainably. While high-level commitments towards sustainable development such as those included in the Rio and Johannesburg Declarations are politically important, they are irrelevant if they are not translated into reality on the ground. This book includes chapters that discuss the challenges of implementing sustainable land-use policies in different regions of the world, revealing problems that are common to all jurisdictions and highlighting others that are unique to particular regions. It also includes chapters documenting new approaches to sustainable land use, such as reforms to property rights regimes and environmental laws. Other chapters offer comparisons of approaches in different jurisdictions that can present insights which might not be apparent from a single-jurisdiction analysis.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-viii
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List of Contributors
pp ix-xii
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Message from Kofi A. Annan, Secretary-General, United Nations
pp xiii-xiv
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Foreword by Charles Odidi Okidi and Nicholas Adams Robinson
pp xv-xviii
- By Charles Odidi Okidi, University of Nairobi, Kenya, Nicholas Adams Robinson, Chair, IUCN Academy of Environmental Law Pace University, New York
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Acknowledgments
pp xix-xx
- By Nathalie J. Chalifour, Assistant professor in the Faculty of Law University of Ottawa in Ontario, Patricia Kameri-Mbote, associate professor of Law and Chair of the Department of Private Law, Faculty of Law University of Nairobi, Lin Heng Lye, Associate professor in the Faculty of Law National University of Singapore; Deputy Director Faculty's Asia-Pacific Centre for Environmental Law, John R. Nolon, Professor of Law Pace University Law School
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Introduction
pp 1-5
- By Nathalie J. Chalifour, Assistant Professor Faculty of Law, University of Ottawa, Ontario, Canada, Patricia Kameri-Mbote, Associate Professor and Chair Department of Private Law, Faculty of Law, University of Nairobi, Kenya, Lin Heng Lye, Associate Professor and Deputy Director Asia-Pacific Centre for Environmental Law, Faculty of Law, National University of Singapore; Visiting Associate Professor Yale School of Forestry and Environmental Studies, USA, John R. Nolon, Professor of Law Pace University School of Law, and Counsel to the Law School's Land Use Law Center; Visiting Professor Yale School of Forestry and Environmental Studies, USA, Charles Odidi Okidi, University of Nairobi, Nairobi, Kenya
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Challenges of Environmental Law – Environmental Issues and Their Implications to Jurisprudence
pp 6-24
- By Akio Morishima, Chair of the Board of Directors Institute for Global Environmental Strategies, Japan
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ONE - INTERNATIONAL ISSUES AND LEGAL RESPONSES TO SUSTAINABLE LAND MANAGEMENT
pp 25-26
- By Nathalie J. Chalifour, Assistant professor in the Faculty of Law University of Ottawa in Ontario, Patricia Kameri-Mbote, associate professor of Law and Chair of the Department of Private Law, Faculty of Law University of Nairobi, Lin Heng Lye, Associate professor in the Faculty of Law National University of Singapore; Deputy Director Faculty's Asia-Pacific Centre for Environmental Law, John R. Nolon, Professor of Law Pace University Law School
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1 - Is Conservation a Viable Land Usage? Issues Surrounding the Sale of Ivory by Southern African Countries
pp 27-44
- By Ed Couzens, Attorney, RSA, and Senior Lecturer, Faculty of Law University of KwaZulu-Natal, Durban, South Africa
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2 - Climate Change and Land Use in Africa
pp 45-59
- By David R. Hodas, Professor of Law Widener University School of Law, Wilmington, Delaware, USA
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3 - Climate Change Adaptation and Mitigation: Exploring the Role of Land Reforms in Africa
pp 60-70
- By H. W. O. Okoth-Ogendo, Professor of Public Law University of Nairobi, Nairobi, Kenya
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4 - The Integration of Landscape into Land Use Planning Policy in Relation to the New European Landscape Convention
pp 71-88
- By Michel Prieur, Professor of Environmental Law Limoges University; President International Center of Comparative Environmental Law, France
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5 - EIA Legislation and the Importance of Transboundary Application
pp 89-108
- By Lana Roux, North-West University, Potchefstroom, South Africa, Willemien du Plessis, Professor of Law, Faculty of Law North-West University, Potchefstroom, South Africa
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TWO - NATIONAL APPROACHES TO LAND USE PLANNING FOR SUSTAINABLE DEVELOPMENT
pp 109-110
- By Nathalie J. Chalifour, Assistant professor in the Faculty of Law University of Ottawa in Ontario, Patricia Kameri-Mbote, associate professor of Law and Chair of the Department of Private Law, Faculty of Law University of Nairobi, Lin Heng Lye, Associate professor in the Faculty of Law National University of Singapore; Deputy Director Faculty's Asia-Pacific Centre for Environmental Law, John R. Nolon, Professor of Law Pace University Law School
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6 - Community Rights to Genetic Resources and Their Knowledge: African and Ethiopian Perspectives
pp 111-119
- By Mekete Bekele, Assistant Professor, Faculty of Law Addis Adaba University, Ethiopia
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7 - Easements and Wildlife Conservation in Kenya
pp 120-131
- By Nyokabi Gitahi, Legal Associate African Wildlife Association, Kenya
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8 - Land Tenure, Land Use, and Sustainability in Kenya: Toward Innovative Use of Property Rights in Wildlife Management
pp 132-160
- By Patricia Kameri-Mbote, Associate Professor and Chair Department of Private Law, Faculty of Law, University of Nairobi, Kenya
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9 - The Development of Environmental Law and Its Impact on Sustainable Use of Wetlands in Uganda
pp 161-180
- By Emmanuel Kasimbazi, Senior Lecturer, Faculty of Law Makerere University Uganda, and Partner, Kasimbazi & Co. Advocates, Uganda
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10 - EIA and the Four Ps: Some Observations from South Africa
pp 181-196
- By Michael Kidd, Professor of Law University of KwaZulu-Natal, Pietermaritzburg, South Africa
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11 - From Bureaucracy-Controlled to Stakeholder-Driven Urban Planning and Management: Experiences and Challenges of Environmental Planning and Management in Tanzania
pp 197-218
- By W. J. Kombe, Professor of Urban Land Management and Planning University College of Land and Architectural Studies, Dar es Salaam, Tanzania
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12 - Strategies for Integrated Environmental Governance in South Africa: Toward a More Sustainable Environmental Governance and Land Use Regime
pp 219-239
- By Louis J. Kotzé, Faculty of Law North-West University, Potchefstroom Campus, South Africa
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13 - Environmental Law and Sustainable Land Use in Nigeria
pp 240-252
- By Muhammed Tawfiq Ladan, Head, Department of Public Law, Faculty of Law Ahmadu Bello University, Zaria, Kaduna State, Nigeria
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14 - The Role of Administrative Dispute Resolution Institutions and Processes in Sustainable Land Use Management: The Case of the National Environment Tribunal and the Public Complaints Committee of Kenya
pp 253-265
- By Albert Mumma, Associate Professor, Faculty of Law University of Nairobi, Nairobi, Kenya
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15 - Managing the Environmental Impact of Refugees in Kenya: The Role of National Accountability and Environmental Law
pp 266-280
- By George Okoth-Obbo, United Nations High Commissioner for Refugees (UNHCR) for Kenya, Nairobi, Kenya
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16 - Environmental Impact Assessment Law and Land Use: A Comparative Analysis of Recent Trends in the Nigerian and U.S. Oil and Gas Industry
pp 281-303
- By Bibobra Bello Orubebe, Faculty of Law Delta State University Abraka, Nigeria
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17 - Managing Land Use and Environmental Conflicts in Cameroon
pp 304-314
- By Nchunu Sama, Executive Director Foundation for Environment and Development in Cameroon; Part-Time Lecturer in environmental law Regional College of Agriculture Bambili, Cameroon
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18 - Environmental Law Reform to Control Land Degradation in the People's Republic of China: A View of the Legal Framework of the PRC–GEF Partnership Program
pp 315-333
- By Ian Hannam, Member IUCN Commission on Environmental Law; Chair IUCN CEL Specialist Working Goup on Sustainable Soil, Du Qun, Professor Research Institute of Environmental Law, Law School of Wuhan University, Wuhan City, Hubei Province, China; Member IUCN Commission on Environmental Law; Deputy Chair IUCN CEL Specialist Working Group on Sustainable Soil
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19 - Urbanization and Environmental Challenges in Pakistan
pp 334-351
- By Parvez Hassan, Senior Partner Hassan & Hassan, Lahore, Pakistan; President Pakistan Environmental Law Association
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20 - ASEAN Heritage Parks and Transboundary Biodiversity Conservation
pp 352-373
- By Kheng-Lian Koh, Faculty of Law National University of Singapore; Director Asia-Pacific Centre for Environmental Law
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