Uganda Christian University School of Law Environmental Law and Policy Course

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1 Uganda Christian University School of Law Environmental Law and Policy Course

1.1 Uganda Christian University Bachelor of Laws Courses For Year 1

1.2 Uganda Christian University Bachelor of Laws Courses For Year 2

1.3 Uganda Christian University Bachelor of Laws Courses For Year 3

1.4 Uganda Christian University Bachelor of Laws Courses For Year 4

1.5 [button link=”https://ugfacts.net/list-law-schools-uganda/” bg_color=”red”]List of Law Schools in Uganda[/button]

Uganda Christian University School of Law Environmental Law and Policy Course

UGANDA CHRISTIAN UNIVERSITY

FACULTY OF LAW

BACHELOR OF LAWS (LLB)

YEAR OF STUDY: IV

COURSE TITLE: ENVIRONMENTAL LAW AND POLICY

Course Description:

This course is designed to introduce students to the nature of environmental law, policy and ethics generally from the Ugandan and International perspective. Students will be introduced to the background environmental law, policy and ethics and where it fits within the Constitutional and legal regulatory framework of Uganda. The course explores the values, rights, responsibilities and status of entities underlying legal, policy and ethical approaches to environmental issues. The topics to be covered include: Environmental Ethics, Introduction to environmental law, sources of international environmental law, general principles of environmental law, guiding principles in the development of a legal framework for environmental management, international legal protection of the environment, constitutional perspective of environmental law, environmental policy in Uganda, environmental issues in Uganda, environmental law as a tool of sustainable development, public interest litigation in Uganda, criminal aspects of environmental law, conditions of environmental accountability, and challenges in monitoring and enforcement of environmental laws in Uganda.

Course Objectives

This course is intended:

to provide students with a firm grounding in the intricacies of the operations of various underlying legal, policy and ethical approaches to environmental issues in Uganda. The course will be run in a quasi-discussion format with active participation from students
students will be encouraged to clarify and sharpen their legal and ethical perspectives on environmental problems and to critically assess other perspectives

Learning outcomes

At the end of the course students should be able:

To appreciate the rationale for the existence, operation and limitations of legal, policy, and ethical approaches to environmental issues, and the various procedures that should be followed in the day-to-day environmental conservation initiatives in Uganda.

Mode of Delivery

Lectures: 48 LH
Tutorials

Mode of Assessment

The award of grades for this course will be based on;

Course work which will consist of at least two parts. The first part will be a written essay assignment or test and the second part will consist of group assignments which will make a total of 30% of the final mark.
The final exam at the end of the semester will contribute 70% of the final mark.
Plagiarism and any form of cheating will be heavily punished.

Required Reading

Books:

Birnie P W & Boyle A E, International Law and the Environment, 2002, 2^nd Edition Oxford University Press.*

Boyle A E & Anderson M R, Human Rights Approaches to Environmental Protection, 1996 Claredon Press.

Buck S J, Understanding Environmental Administration and Law, 1996 2^nd Edition, Island Press.

Glazeswki J, Environmental Law in South Africa, 2005 2^nd Edition, Butterworths LexisNexis.

Hancock J, Environmental Human Rights, 2003 Ashagate.

Harris D J, Cases and Materials on International aw, 2004, 6^th Edition, Sweet & Maxwell.

Hayward T, Constitutional Environmental Rights, 2005 Oxford University Press.

Hughes D, Environmental Law, 2002 4^th Edition, Buterworths.

Kiss A & Shelton D, International Environmental Law, 2003, 3^rd Edition, Transnational Publishers.*

Louka, International Environmental Law, 2007

Marianela Cedeño Bonilla, Françoise Burhenne-Guilmin (eds), ‘Environmental Law in Developing Countries: Selected Issues’, 2004, IUCN Environmental Policy and Law Paper No. 43. Vol. II.

Okoth-Ogendo & Tumushabe G, Governing the Environment, 1999 African Centre for Technological Studies (ACTS).

Sands P, Principles of International Environmental Law, 2003, 2^nd Edition, Cambridge University Press.*

Stuart Bell & Donald McGillivray, Environmental Law, 2006 6^th Edition Oxford University Press.*

Weiss, Environmental Change and International Law: New Challenges and Dimensions (1992).

The handbook on environmental law in Uganda*

UNEP Environmental Law Training Manual

David Schmidtz and Elizabeth Willott (Eds.) 2001. Environmental Ethics: What Really Matters, What

Really Works. Oxford University Press.
Attfield, Robin, The Ethics of Environmental Concern, (Oxford: Basil Blackwell, 1983).

Barry, Brian, “Sustainability and Intergenerational Justice” in Dobson, Andrew (ed.), Fairness and

Futurity, (Oxford: Oxford University Press, 1999): 93-117.

Benson, John, Environmental Ethics: An Introduction with Readings, (London: Routledge, 2001).

Blackstone, William T., “Ethics and Ecology” in Blackstone, William T. (ed.), Philosophy and Environmental Crisis, (Athens, University of Georgia Press, 1972): 16-42.

Bookchin, Murray, The Ecology of Freedom: The Emergence and Dissolution of Hierarchy, (Palo Alto, CA: Cheshire Books, 1982).

Bookchin, Murray, “What is Social Ecology?” in, Boylan, Michael (ed.), Environmental Ethics,

(New Jersey: Prentice Hall, 2001): 62-76.

Principle Legislation:

The National Environmental Act, Cap.153

The Forests Act, Cap.146

The Wetlands Act

The Fish Act, Cap. 197

The Game Preservation and Control Act, Cap. 198

The Uganda Wildlife Act, Cap. 200

The Land Act, Cap. 227

The Water Act, Cap. 152

The Local Governments Act, Cap. 243

The Petroleum Supply Act, 2003

The Petroleum Supply Act, Cap. 150

The National Forestry and Tree Planting Act, 2003

The Mining Act, 2003

The Access to Information Act, 2005

Subsidiary Legislation:

The National Environment (Waste Management) Regulations, SI 153-2

The National Environment (Standards for Discharge of Effluent into Water or Land) Regulations

The National Environnement (Environmental Impact Assessment) Regulations, SI 153-1

The National Environment (Delegation of Waste Management Functions) Instrument, SI 153-4

The National Environment (Wetlands, Riverbanks and Lake shores Management) Regulations, SI 153-5

The National Environment (Mountains and Hilly areas Management) Regulations, SI 153-6

The Fish (Aquaculture) Rules, SI 81 0f 2003

The Fishing (Amendment) Rules, SI 61 of 2002

The Mining Regulations, SI 71 of 2004

The National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, SI No. 30 of 2005

The National Environment (Audit) Regulations, SI 12 of 2006

The National Environment (Control of Smoking in Public Places) Regulations, SI 12 of 2004

The National Environment (Noise Standards and Control) Regulations SI 30 of 2003

International Treaties & Instruments:

The Aarhus Convention, 1998.

Agenda 21, 1992.

The Rio Declaration on the Environment and Development, 1992,

The World Charter for Nature, 1982.

The Stockholm Declaration on the Human Environment, 1972.

The Cartagena Protocol on Biosafety (Montreal) 2000, Came into force 11-09-2003

The Convention on Biological Diversity (Rio de Janeiro) 1992, Came into force 29-12-93, available at the Secretariat of the CBD website at http://www.biodiv.org/.

The Montreal Protocol, 1987

The Convention on International Trade of Endangered Species (CITES) 1973

United Nations Frame work Convention on Climate Change (UNFFCC) 1992

UNESCO World Heritage Convention 1972

Ramsar Convention 1971

Case Law:

Oposa & Others v Factoran & others (Supreme Court of Philippines)

MC Metha v Kamal Nath & Others (1997)

Greenwatch v Attorney General & Another, Miscellaneous Cause No. 140 of 2002

Auto Garage v Motokov (No.3) 1971 EA 514

The Environmental Action Network (TEAN) V the Attorney General & the National Environment Management Authority (NEMA,) High court of Uganda at Kampala, Misc. Application No. 39 of 2001.

Christopher Mtikilla v The Attorney General, High Court Civil Case No. 5 of 1995

Greenwatch & Another v Golf Course Holdings HCCS No. 834 of 2002

National Association of professional environmentalists (NAPE) v AES Nile Power Ltd, Miscellaneous Cause 286 0f 1999

The Environmental Action Network (TEAN) v The Attorney General & NEMA, Miscellaneous Cause No. 39 of 2001

Greenwatch v Hima Cement Ltd

Greenwatch v The Attorney General& Uganda Electricity Distribution Ltd (UEDCL)

Greenwatch v The Uganda Wildlife Authority & the Attorney General Miscellaneous Application No. 92 0f 2004 (Arising from Miscellaneous application no. 15 of 2004)

Dr. J.W Rwanyarare & Others v The Attorney General, Miscellaneous application No. 85 of 1993

Advocates Coalition for Development & Environment v The Attorney General, Miscellaneous application No. 100 of 2004

Byabazaire Grace Thaddeus v Mukwano Industries Limited, Miscellaneous application No. 909 of 2000 (arising from civil suit no. 406 of 2000

Minister of Health & Welfare v Woodcarb (Pty) Ltd and Another 1996 (3) SA 155 (N)

Verstappen v Port Edward Town Board and Others 1994 (3) SA 569 (D)

Trustees, Biowatch Trust v Registrar: Genetic Resources and Others 2005 (4) SA 111

Course Content

INTRODUCTION TO ENVIRONMENTAL LAW (WEEK 1)
Definitions
Historical Background on the rise of Environmental Law
The Development of Environmental Law from the law of torts

SOURCES OF INTERNATIONAL ENVIRONMENTAL LAW (WEEK 2)
International Instruments
Customary International Law
General Principles of Law
Judicial Decisions
Writings of Publicists
Other Sources

GENERAL PRINCIPLES OF ENVIRONMENTAL LAW (WEEK 3)
Precautionary Principle
Intergenerational Equity
Public Trust Doctrine
Concept of Proportionality
Principle of Common but Differentiated Responsibilities
Participatory Principle
Good Governance
Preventive Principle
Sustainable Development
Polluter Pays Principle

GUIDING PRINCIPLES IN THE DEVELOPMENT OF A LEGAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT (WEEKS 4&5)
The Social and Political Setting of Environmental Law
Constitutional and Administrative setting of Environmental Law
Environmental Impact Assessment (EIA)
Environmental Audits
Environmental Administration (Institutions)
Sectoral and Framework Legislation
Polluter Pays Principle
Enforcement and Compliance with Environmental Laws
Implementing International Obligations and Application of International Law
Environment not being a free good must be paid for
Environmental Monitoring
Environmental Law within the wider policy context
Determining the mission of legislation
Prospective approaches to environmental management
Novel Approaches for enforcement of and compliance to environmental laws
The Style of legislation

ENVIRONMENTAL ETHICS (WEEK 6)
Introduction to environmental ethics
Ethical Theory in practice
Sacred Lands vs. Natural Resources: Conservation, Preservation and Development
Biodiversity, Biopiracy and Globalization
Ecological Ethics: Transgenic Food Crops
Climate Change, Greenhouse Gases and Distributive Justice
Population Ethics, Pollution, Markets & World Hunger
Pesticides, Mosquitoes & Disease
Rights and Considerations of Animals
Consumerism, Sustainability, Forms of Market Economy, & Earth Ethics.

ENVIRONMENTAL RIGHTS (WEEK 7)
An overview of environmental rights
Background and evolution of environmental rights
Vertical and horizontal application of environmental rights
Substantive environmental rights

Right to life
Right to property
Right to privacy
Right to a clean and healthy environment

Environmental Procedural rights

Right of access to information
Right of access to public participation in decision-making
Right to protest
Right of access to justice – Locus standi, Public Interest litigation and costs

ENVIRONMENTAL LAW PERSPECTIVES OF OIL & GAS (WEEK 8)
Background to the discovery of oil and gas in Uganda
Policy and Legislative framework of oil and gas in Uganda
Sources and Impacts of oil and gas pollutants
Effects of oil and gas exploration on the environment
LEGAL PERSPECTIVES OF CLIMATE CHANGE (WEEK 9)
Defining climate change
Causes of climate change
The International and domestic Legal framework
Institutional framework
The Clean Development Mechanism (CDM)
Certified Emissions Reduction (CERs)
Carbon Trading
Challenges

LIABILITY AND COMPENSATION FOR ENVIRONMENTAL DAMAGE (WEEK 10)
Introduction
Rationale for liability regimes on liability for environmental damage
State responsibility
Civil liability
Who may be held liable for environmental damage
Forms of compensation
International Civil liability

CRIMINAL ASPECTS OF ENVIRONMENTAL LAW (WEEK 11)
The legal framework for environmental crimes
Enforcement of criminal law in Uganda
Common Environmental crimes in Uganda
Legal Technicalities and Procedural Aspects
International Environmental Crimes

CONCLUSION (WEEK 12)
Environmental issues in Uganda

Environmental Issues in Uganda
Major environmental problems in Uganda
Causes of Environmental degradation
Implications of environmental degradation

Challenges in monitoring and enforcement of environmental laws in Uganda

Principles of environmental enforcement
Importance of compliance and enforcement
Strategies and enforcement mechanisms
Challenges in monitoring and enforcement

Faith in Teaching

Faith based teaching of environmental law and policy will enable us to adopt an approach of handling environmental issues using faith; a context in which God’s principles and values are mainstreamed in our day-to-day lectures to solve sustainable development issues. Christianity through the bible, talks about the proper use of the environment. Right from the introductory part of this course, we shall conduct the course in a way which incorporates Christian faith teaching. E.g. Jeremiah 2:7; Leviticus 25:23-24; Genesis 1:28-30; Genesis 2:15-17; Genesis 3:19; etc. All these illustrations will aim at helping students understand: that the environment is a gift from God; water id a source of life; the infinite variety of creation; and other natural resources and energy.