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International Journal of
Law
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VOL. 5, ISSUE 5 (2019)
Gauging the jurisprudence of African regional courts in environmental rights protection: Purpose or pretence?
Authors
Chidebe Matthew Nwankwo
Abstract
This paper traces the evolution of environmental rights adjudication in African regional courts with a view to determining its importance within the African human rights system. It looks at key provisions of the African Charter, particularly Article 24 which guarantees the right to a satisfactory environment for all citizens. It argues that while this provision is the first of its kind in regional human rights instruments, it has suffered from interpretational difficulties leading to under enforcement in courts. The article also looks at key decisions of regional courts and argues that some decisions of these courts give room for further improvement of the normative make-up of environmental rights from its anthropocentric origins to ecocentrism. It concluded that despite the vast array of constitutional provisions that guarantee environmental rights in African states, regional courts have operated with relative purpose so far to compensate for the cagey approach of national courts.
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Pages:138-149
How to cite this article:
Chidebe Matthew Nwankwo "Gauging the jurisprudence of African regional courts in environmental rights protection: Purpose or pretence?". International Journal of Law, Vol 5, Issue 5, 2019, Pages 138-149
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