Volume – 03, Issue – 01, Page : 01-
Environmental Law and Governance: A Comprehensive Analysis of Regional and International Agreements Impacting Ecology and Conservation

Author/s
Fatima Toure
Digital Object Identifier (DOI)
Date of Publication
24 November 2023
Abstract :
This research explores the evolution and complexity of environmental law, focusing on its historical origins, international frameworks, regional adaptations, landmark cases, and innovative legal principles. It traces the development of environmental law from its beginnings in common law, particularly nuisance law, which addressed localized issues stemming from industrialization. Events such as the “Great Stink” of 1858 in London, where extreme river pollution forced the evacuation of Parliament, and the “Great Smog” of 1952, which led to the Clean Air Act 1956, illustrate how early legislative responses were catalyzed by environmental crises. The paper highlights the internationalization of environmental law, with customary international law and multilateral agreements, such as the Kyoto Protocol, addressing global environmental challenges like air pollution and climate change. Concepts like jus cogens and erga omnes reflect the growing recognition of environmental preservation as a fundamental global responsibility. Regional perspectives further demonstrate how unique environmental challenges are tackled through cooperative frameworks, such as the African and Asian Environmental Compliance and Enforcement Networks, which foster region-specific strategies and enforcement mechanisms. Landmark legal cases, including Australia’s Commonwealth v Tasmania (1983) and Ecuador’s recognition of the Rights of Nature in its constitution, exemplify transformative legal milestones that redefined the field. These cases underscore the progressive incorporation of ecological considerations into legal systems, paving the way for sustainable development. The study concludes by emphasizing the adaptive and dynamic nature of environmental law. As a critical tool for addressing the interplay between human activities and ecological preservation, it continues to evolve in response to new environmental challenges, demonstrating its vital role in fostering sustainable practices and ecological steward-ship globally.
Keywords :
Environmental Law, Global Environmental Challenges, International Environmental Agreements, Landmark Environmental Cases, Legal Frameworks for Environmental Protection, Multilateral Environmental Agreements, National Environmental Policies, Regional Environmental Governance, Rights of Nature, Sustainable Development.
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