Thèses sur le sujet « Environmental law – Economic aspects – Poland »

This dissertation closely examines the merits, weaknesses, and potential of decentralized environmental regulation. I examine three areas of particular concern in the structure of environmental regulation. In the first chapter, I examine how information problems resulting from incorrectly specified atmospheric models are likely to affect economic efficiency in a permit market. While permit markets have been heralded as a promising solution for controlling environmentally damaging emissions, there is no formal research linking the atmospheric model, which directly affects permit prices, with economic outcomes. In the chapter, I develop a generalized theoretical model that demonstrates the problems that are likely to arise when there is uncertainty in the underlying atmospheric parameter estimates. As it turns out, permit markets operating with incorrectly specified atmospheric models may result in large losses in economic efficiency, even if the permit market is operating ideally in an economic sense. The second chapter analyzes a much broader issue, that of state versus federal environmental regulation. The chapter focuses on the methods used by states attempting to control interstate water pollution in the Ohio Valley in the early 1900s. The time period was chosen to predate federal intervention into environmental regulation and, hence, allows for a clean test of how states might be expected to address difficult pollution problems under a system of state regulation. Using a simple game theoretic model, the paper explores interstate water pollution control compacts and their uses in addressing interstate water pollution. I find that states were able to overcome significant bargaining difficulties in formulating the compacts, which ultimately led to effective control of interstate water pollution. The final chapter focuses on voluntary overcompliance by firms facing environmental standards. The paper models environmental regulation according to the EPA's Best Available Control Technology (BACT). The model predicts voluntary overcompliance by firms as they attempt to raise the (endogenous) environmental standard and, in the process, raise their rivals' costs. The paper also demonstrates the merits of nonuniform environmental standards. In attempting to elicit efficient levels of R&D investment, the regulatory authority may discourage socially wasteful overinvestment in pollution technology through the use of nonuniform standards.

This study unveiled the trade-environment debate which has been revolving in the World Trade Organization for quite a long time now. While economic integration and trade liberalization offer the promise of growth and prosperity, environmentalists fear that free trade will lead to increased pollution and resource depletion. On the other hand, free traders worry that over-reaching environmental policies will obstruct efforts to open markets and integrate economies around the world. Trade liberalization has the potential to affect the environment both positively and negatively. Trade and environment tensions have therefore emerged as a major issue in the debate over globalisation. This paper examined the contours of these tensions and argued that trade policy and environmental programs can be better integrated and made more mutually supportive.

[Integrative executive summary] NCP Chlorchem (Pty) Ltd manufactures and distributes Chlor alkali products such as chlorine, hydrochloric acid, caustic soda flakes, etc. and in the process generates both hazardous and general waste. Following changes in South African waste management legislation in 2011, the organisation’s waste service provider had to increase the costs associated with the handling of site’s hazardous waste. Top management of NCP Chlorchem (Pty) Ltd requested a meeting with the waste service provider in order to establish the reasons behind the price increase. In that meeting, which the researcher attended, the waste service provider explained the changes in waste legislation and how it was going to impact on their business. Top management understood the reasons behind the price increase; however, they requested the waste service provider to review the price increase. The waste service provider gave the top management of NCP Chlorchem (Pty) Ltd assurance that they were going to discuss the price reduction request with their own senior management and would provide feedback. The researcher did not participate in the feedback meetings; however, to this day, NCP Chlorchem (Pty) Ltd still uses the services of the same waste service provider. The effect the escalating annual waste handling costs has had on NCP Chlorchem (Pty) Ltd’s management team led to the study. Environmental impacts have costs that directly impact on company’s bottom line, such as the costs associated with the generation of waste. Although environmental costs are only one of the many costs incurred by businesses, they deserve management’s attention. According to Jasch (2003), there is an apparent lack of awareness and understanding of the magnitude of the environmental costs generated by organisations, and many opportunities for cost savings through good environmental management are lost. However, using a relatively new tool in environmental management, that is, environmental management accounting (EMA), management would ensure that relevant and significant environmental costs are considered when making business decisions (Jasch, 2003). The main purpose of the thesis is to explore the level of awareness of environmental costs associated with hazardous waste within NCP Chlorchem (Pty) Ltd. In order to carry out the study, literature about environmental and cost accounting as well as literature on waste management was reviewed. Questionnaires were distributed to staff members, and meetings were held with different senior personnel. This case study seeks to answer the following questions: What is NCP Chlorchem (Pty) Ltd’s staff members’ level of understanding of waste management? What is the level of awareness of NCP Chlorchem (Pty) Ltd’s staff of environmental costs with regard to the generation, handling, transportation and disposal of hazardous waste? How can the current traditional accounting within the organisation be integrated with environmental management accounting? The findings of the first research objective revealed that staff members knew the site’s waste streams as per the South African legal definition of waste and as identified in the site’s environmental management system documentation. The conceptual approach to waste management is underpinned by the waste hierarchy. The respondents support the waste hierarchy in its approach to waste management, which is prevention of waste, reduction, reuse, recycle and safe disposal of waste as the last resort. Lack of awareness of environmental management, among other things, was cited as the cause of waste. In addition to that, the respondents believe the waste hierarchy can be achieved by employing recycling facilities, following procedures and by carrying out environmental awareness campaigns. Improving process design and control and including changes in raw material was cited, among other things, as the respondents’ perception on how waste can be reduced. The findings of the respondents’ understanding of waste hierarchy revealed that staff members understood waste management. The respondents cited the impacts of waste on the business as financial impact on the business, impact on their bonuses, and possible loss of business. In relation to the second research objective, it was found that staff members knew the hazardous waste streams and identified amongst other waste, sludge and chlorine emissions as NCP Chlorchem (Pty) Ltd’s hazardous waste. However, with regard to environmental management accounting data, an average of 55.1% of respondents were not familiar with the physical and monetary components of EMA. An average of 19.6% of respondents who were aware of EMA might have been senior personnel. It could further be established that those who were familiar with EMA information were actually working with the data, either for reporting purposes, or for employing waste minimisation strategies, as well as awareness purposes, to their juniors. On average, 80% of the respondents perceived the production department as the area within site that has the EMA information.

Trata-se de estudo da força normativa do direito constitucional de todos ao meio ambiente ecologicamente equilibrado para a construção de uma cultura de equilíbrio ambiental no Brasil, integrante da linha de pesquisa Direito Ambiental e Novos Direitos, área de concentração Direito Ambiental e Sociedade, do Programa de Pós-Graduação em Direito, nível de Mestrado acadêmico, da Universidade de Caxias do Sul (Brasil). O meio ambiente ecologicamente equilibrado, que é direito transindividual, é bem de uso comum do povo e essencial à sadia qualidade de vida, incumbindo ao Poder Público e da coletividade o dever de defendê-lo e preservá-lo para as presentes e futuras gerações. O novo paradigma constitucional do direito de propriedade privada condiciona o exercício do domínio à função social e à função ambiental da propriedade. Por isso, o Estado não mais defende qualquer propriedade, mas aquela que cumpre a sua função social e ambiental. A democracia participativa ambiental, por meio de seus vários instrumentos, garante às cidadãs e aos cidadãos a participação ativa na construção de uma cultura de equilíbrio ambiental no Brasil. A educação ambiental tem especial importância para criar em todos os partícipes da vida nacional a consciência da vontade de Constituição. A informação ambiental completa a educação ambiental. Tendo presente os pressupostos da força normativa da Constituição (Konrad Hesse), o estudo constata que, quanto ao conteúdo, a Constituição é atual, e quanto à práxis, o direito constitucional de todos ao meio ambiente ecologicamente equilibrado está tendo força normativa para a construção de uma cultura de equilíbrio ambiental no Brasil.
Submitted by Marcelo Teixeira (mvteixeira@ucs.br) on 2014-06-03T18:03:31Z No. of bitstreams: 1 Dissertacao Paulo Natalicio Weschenfelder.pdf: 1244233 bytes, checksum: bb6b7d4352b1bbe5ba0e65055e354b37 (MD5)
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This is a study of the normative force of everyone´s constitutional right to an ecologically balanced environment in order to build a culture of environmental balance in Brazil, belonging to Environmental Law and New Rights research line, main field Enviromental and Social Law, of Post-Graduate Program in Law, for Master degree obtention, University of Caxias do Sul (Brazil). The ecologically balanced environment, which is a transindividual right, is a people´s common use and essential to a healthy quality of life, commissioning the Government and the collectivity to defend it and preserve it for the current and future generations. The new constitutional right to private property paradigm affects the exercise on the field of the social function and environmental function of the property. Therefore, the State no longer maintains any property, but one that fulfills its social and environmental function. Environmental participatory democracy, through its various instruments, guarantees to citizens the right to participate actively in building a culture of environmental balance in Brazil. Environmental education has particular importance for all participants in the national life consciousness of the will of the Constitution. Environmental information completes environmental education. Bearing in mind the assumptions of the normative force of the Constitution (Konrad Hesse), the study notes that, in substance, the Constitution is modern, and what about práxis, the everyone´s constitutional right to an ecologically balanced environment is having normative force for building a culture of environmental balance in Brazil.

As dragagens no Porto do Rio Grande / RS são consideradas potencialmente poluidoras e geram uma crescente instabilidade nos ecossistemas, costeiro e marinho da região, devido à complexidade para efetivar o seu procedimento. Por outro lado, desempenham importante papel para a expansão do setor portuário, o qual contribui intensamente com o crescimento econômico do país. Apesar da existência de uma ampla legislação que versa sobre a proteção ao meio ambiente nas áreas portuárias, ainda são visualizados inúmeros problemas ambientais nessa seara. Diante o fato, esta dissertação responde ao seguinte problema: A aplicação da política deliberativa é a melhor proposta para amenizar as problemáticas ambientais decorrentes das atividades de dragagem no Porto do Rio Grande/RS? O método hipotético-dedutivo foi o abordado. A ênfase foi à analítica, através de levantamento documental com base em fontes legislativas e documentos em geral. O foco principal através da pesquisa bibliográfica foi de selecionar publicações sobre o tema, tais como: livros, artigos científicos e um aprofundamento maior nos autores já utilizados na pesquisa. Como resultado, percebeu-se a necessidade do despertar de uma cidadania ativa em prol da proteção ambiental como a melhor forma para reverter os modelos impostos pelo sistema capitalista, o qual fracassou em sua promessa de vincular crescimento econômico e a proteção da natureza. Portanto, a criação das normas deve ser objeto de deliberação para que seu alcance não abarque apenas os interesses de uma minoria que detêm o poder.
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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, CAPES.
The dredging of Rio Grande/RS Port is considered potentially polluting and generate an increased instability on coastal and marine ecosystems in the region due to the complexity to perform its procedure. On the other hand, it plays an important role in the expansion of the sector, which strongly contributes to the economic growth of the country. Despite the existence of a wide legislation, that deals with the protection of the environment in port areas, there are still displayed numerous problems about that topic. For that reason, this dissertation aimed at answering the following problem: Is the application of deliberative politics the best approach to mitigate the environmental problems arising from dredging activities in the Port of Rio Grande / RS? The hypothetical-deductive method was approached. The emphasis was analytical, through documentary review based on legislative sources and documents in general. The main focus through the literature research was to select publications on the subject, such as books, papers with a greater deepening in the most important authors used in this research. As a result, it was cognized that the awakening of an active citizenship in favor of environmental protection is required as the best way to reverse the models imposed by the capitalist system, which failed in its promise to link economic growth and the protection of nature. Therefore, the creation of the standards should be the deliberation subject so that its scope encompasses not only the stakes of a minority in power.

O interesse sobre Pagamento por Serviços Ambientais (PSA) deve-se à possibilidade de conciliar os interesses econômicos da propriedade rural com a conservação ambiental, conforme previsto em recentes legislações. Desde a instituição do Código Florestal pela Lei n.º 4.771/1965, o Brasil adota a Reserva Legal e a Área de Preservação Permanente (APP) como mecanismos de manutenção de áreas protegidas particulares. Pela Constituição Brasileira de 1988, a exploração de propriedades rurais está condicionada à responsabilidade socioambiental, que visa garantir a preservação dos recursos naturais para a manutenção das condições ambientais de interesse de toda a sociedade. Buscando conciliar o interesse particular dos produtores aos interesses sociais da qualidade ambiental, o Pagamento por Serviços Ambientais (PSA), contemplado nas recentes legislações federais e estaduais, visa integrar interesses econômicos e ambientais. A Lei n.º 12.651/2012, que alterou o Código Florestal, previu instrumentos econômicos para gerar incentivos e ampliar a atratividade em manter áreas protegidas em propriedades particulares, mediante valoração dos recursos naturais. No Paraná, foi sancionada a Lei n.º 17.134/2012, que instituiu o Pagamento por Serviços Ambientais. Essas leis ainda carecem de regulamentos e mecanismos operacionais para sua efetiva implementação, sendo propósito deste trabalho verificar as possibilidades e limitações do PSA na conservação de áreas protegidas particulares, mediante revisão bibliográfica sobre PSA e análise de políticas ambientais de proteção de áreas adotadas no Paraná, complementadas por entrevistas com técnicos que trabalharam com essas políticas. O objetivo do trabalho é sugerir mecanismos para que esses instrumentos de política pública efetivamente incentivem os produtores a manterem áreas protegidas e sejam capazes de despertar o interesse de agentes usuários nos serviços ambientais, mediante estabelecimento de condutas e regulamentos legais.
Environmental Service Payment (Pagamento por Serviço Ambiental - PSA) is addressed to meet the need of conciliating rural property economic interests and environment conservation, according to the new environment laws. Since Law n. 4771/1965 established the Forestry Code, Brazil uses the natural resources’ Legal Reserves and Permanent Preservation Areas (Área de Preservação Permanente- APP) as mechanisms to help maintaining private protected areas preserved. As provided in the Brazilian Constitution of 1988, rural property exploration is subjected to socio-environmental liabilities in order to assure the preservation of natural resources and maintain ideal environmental conditions in behalf of the society interests. The Environmental Service Payment, in force both at Federal and State levels, seeks the conciliation between the producer private interest and the environment quality social interests. Law n. 12651/2012, which changed the Forestry Code, provides economic tools addressed to encourage rural property owners to maintain protected areas within their private properties through increasing the natural resources value. In the State of Paraná, Law n. 17134/2012 established the Environmental Service Payment. The aforementioned laws need rules, regulations and operation tools to be effectively implemented. The present work aims at checking the Environmental Service Payment possibilities and limitations concerning private protected area conservation in the State of Paraná through carrying out a bibliographic review and analyzing the environment protection policies, besides interviewing technicians who work with such policies. Our work objective is also to suggest mechanisms able to effectively encourage rural producers to maintain and protect natural areas, as well as to arouse the environmental user interest by establishing legal behaviors and rules.

O que são o desenvolvimento sustentável, seus desdobramentos teóricos e suas implicações, pode não suscitar muitas dúvidas ao investigador da academia, mas sua aplicação real vem provocando intensos debates nas muitas ciências, em razão dos temas que o cercam: quase tudo pertinente ao sistema social, para não dizer tudo. A extensão de qualquer enfrentamento a tal tema não permite grandes concessões e exceções das diversas áreas do conhecimento, sob pena de incompletude de observação, esta por si naturalmente limitada ao seu ponto cego. Assim, alguns pontos latentes para o desenvolvimento sustentável foram alinhados nos respectivos capítulos, de maneira que, no último, o somatório de revisões redunda num representativo avanço. A iniciar, e por meio do resgate histórico crítico, buscou-se a melhor definição para o desenvolvimento sustentável na contemporaneidade. Esta é observada em veias reflexivas na sequência, para contextualização do leitor nesta modernidade avançada. O processo produtivo de consumo, com ênfase para este último, detém toda a atenção a seguir, permitindo o conhecimento das engrenagens econômicas motivacionais. Dando continuação, aborda-se o desenvolvimento sustentável sob o prisma do sistema jurídico brasileiro, no qual a matriz do direito entra em discussão. Por fim, faz-se uma revisão minuciosa dos principais movimentos e correntes ambientais e socioambientais, prestando-se para a revisão do desenvolvimento sustentável, agora sinérgico.
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What is the maintainable development, their theoretical unfolding and their implications, it cannot raise a lot of doubts to the investigator of the academy, but its real application is provoking intense debates in a lot of sciences, in reason of the themes that surround it: almost everything pertinent to the social system, for not saying everything. The extension of any confronting of such a theme does not allow great concessions and exceptions of several areas of knowledge, under penalty of observation uncompleted, this for itself limited naturally to its blind point. Like this, some latent points for the maintainable development were aligned in the respective chapters, so that, in the last, the sum of revisions is redundant in a representative progress. In the first chapter, through the critical historical rescue, the best definition was looked for the maintainable development in the contemporaneousness. This is observed in reflexive veins in the second chapter, for contextualization of the reader in this advanced modernity. The productive process of consumption, with emphasis for this last one, stops all the attention in the chapter third, allowing the knowledge of the gears economical motivations. In the four there is an approach of the maintainable development under the prim of the brazilian legal system, in which the head office of the right enters in discussion. In the fifth and last, it is made a meticulous revision of the main movements and environmental currents and social environments, being rendered for revision of the maintainable development, now synergic.

Defence date: 12 January 2016
Examining Board: Professor László Bruszt, European University Institute (EUI Supervisor); Professor Adrienne Héritier, European University Institute; Professor Wade Jacoby, Brigham Young University; Professor Frank Schimmelfenning, ETH Zürich.
The dissertation aims at understanding and explaining the existence of variation in sustainable compliance with EU legislation in two similarly rule-taking countries. The cases under examination are Hungary and Poland which have experienced a similar historical background, similar environmental problems and have been subject to similar EU conditions and requirements for accession. Nevertheless, the EU Annual Progress Reports and the Tri-Annual Monitoring Reports showed a variation in their compliance with European environmental requirements. The existing literature has explained this divergence by taking a supply-side approach, focusing on those state actors and incumbents who could decide to supply compliance or not. In particular, researchers of compliance and of Europeanisation have focused on differences in capacity limitations or incentives to domestic actors. These supply-side approaches, however, do not seem to fully explain the existing divergence between the performances of Hungary and Poland nor do they sufficiently tackle the issue of "sustainable compliance" in the post-Accession period. In my analysis, I instead explain variation in sustainable compliance by exploring demand-side explanations. To this end, the thesis explores the hypothesis of demand for compliance emerging on the part of stakeholders who recognise its potential for profitability and, thus, influence its sustainability. Its starting point is the Tsebelis' study on stakeholders which describes them solely as "veto players" along the road to compliance; however, this analysis demonstrates that there is also another dimension to the influence they may have. I build my hypothesis around the existence of such factors as market incentives and pre-existing cooperative strategies that make compliance convenient for stakeholders. Moreover, I consider the role played by external assistance and the existence of alliances between external and domestic stakeholders to improve the overall compliance performance of less-regulated countries. The study proves the significance of market incentives and pre-existing cooperative strategies in fostering sustainable compliance while showing how the two strong explanatory variables are interlinked: compliance is not a "business" per se. It has a potential to be made a "good deal" via cooperative strategies among diverse stakeholders creating a win-win settlement.

Defence date: 28 April 2006
Examining board: Prof. Pierre-Marie Dupuy (Supervisor, European University Institute) ; Prof. Neil Walker (European University Institute) ; Prof. Morten Ougaard (Copenhagen Business School) ; Dr. Peter H. Sand (University of Munich)
The title "From Economic to Sustainable Development: Enlarging the Concept of Law" signals a meta-theoretical approach. However, this thesis is also firmly centred in practice by questioning if, and in what form, law has a role to play in implementation of sustainable development, apart from being a tool for shaping concrete legal mechanisms, such as international conventions and national laws and regulation. Thus, at its core, the research is focused on the role of law in a process of political and socio-economic change and on the relationship of theory and practice.

The overall goal of this dissertation is to study important questions in public economics. In its three chapters, I look at peak world oil production and its implications for oil prices; cross-country pollution emission rates and implications for institutional quality; and finally, black-white arrest rates and implications for law enforcement discount factors. Each chapter of this dissertation combines new theory with robust empirical work to extend the quantitative frontier of research in public economics.
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Despite the pollution control provisions provided in national and local legislation that explicitly or implicitly give effect to the polluter pays principle (PPP), certain rivers continue to suffer from persistent industrial pollution. This research focuses on one such river, the Bayne's Spruit, as a case study. The Bayne's Spruit is a small river that is located within an urban catchment, and which has been subjected to wet industrial pollution for over a decade. Much of this pollution is associated with the Pietermaritzburg edible oil industry. This pollution impacts negatively on a downstream community that uses the river for irrigation of subsistence crops, for recreation and for subsistence fish harvesting. The pollution has also severely degraded the riverine ecosystem. This research commenced with a literature review of the PPP in its international, national and local context. It was noted that the current legislative framework for implementation of the PPP with regard to pollution of rivers in South Africa comprises primarily of the National Water Act 36 of 1998 (NWA), the National Environmental Management Act 107 of 1998, and the Pietermaritzburg-Msunduzi industrial effluent bylaws of November 1998. The case study was approached using a largely qualitative methodology, although quantitative data was also relied upon where feasible. The historical context of the case study was provided by conducting a review of newspaper reports, a review of. government inspection records, and a review of water quality data (including biomonitoring and chemical data). The current status of the Bayne's Spruit was then explored by conducting in-depth historical interviews with community members, and by conducting direct observation of the environmental status of the Bayne's Spruit. This data was supplemented by an analysis of the test results of sampled industrial effluent, and by information obtained from representatives of two edible oil companies. In-depth, purposively selected interviews were conducted with various role players. (local government, regional government and industry) to identify what factors are preventing the successful implementation of the PPP in the case study area. Factors identified include a lack of environmental ethic within the edible oil industry, with some of these companies free riding on the Bayne's Spruit to maximize their profits. At a local level, factors preventing implementation of the PPP include deficiencies in the local industrial effluent bylaws, failures to administer and implement provisions contained in the bylaws, capacity restrictions and institutional paralysis. National legislation is not being successfully implemented because the government agency empowered under the NWA is deferring primary responsibility for dealing with pollution to the local authority. Factors also include difficulties associated with monitoring of rivers, including lack of capacity to engage in monitoring, and confusion over the functions of the various spheres of government. Finally, enforcement complexities are a major factor preventing successful implementation of the PPP. These problems relate to inadequate penalties, enforcement arrangements, capacity problems, separation of authority to operate the municipal sewer works and to enforce the industrial effluent bylaws, difficulties in identifying the offending polluter (causation), problems with access to company premises, the open access character of the storm water drainage system, previous failed prosecutions and reliance on the criminal justice system.
Thesis (M.Sc.)-University of Natal, 2002.

Export-oriented illegal logging has been recognized as a major global problem in environmental, social, and economic terms. It has been argued that export-oriented illegal logging does not benefit the community or government that should be benefited by its own natural resources. The emergence of policy initiatives targeting illegal logging could have the potential to increase the competitiveness of legally sourced timber products by removing illegal products from the market of the consuming country. The US Lacey Act amendments of 2008 set a precedent for the global trade in plants and plant products by putting in place incentives for US wood products importing companies to demand legally sourced and traded wood. This research addresses how the 2008 Lacey Act amendments have impacted the US wood industry, and how those affected by the amendments view the future of environmental policy and global illegal logging as impacted by the amendments. The majority of respondents in this study agree that steps should be taken to decrease global illegal logging, but some aren't convinced that the Lacey Act amendments will ultimately have the desired effect. According to this research, most US wood importers have made small changes to their operational practices. This study indicates the possibility that though US wood importers feel the responsibility to ensure their companies are compliant with legislation, they are not sure the 2008 Lacey Act amendments will ultimately hinder global illegal logging. Included in this study are also suggestions from US wood importers regarding policy implementation. These suggestions include an increase in communication between the US government and US wood products companies, an increase in future research, and the possibility of focusing the Lacey Act on certain high-risk regions.
Graduation date: 2012

This study makes the assumption that community participation in the governance of mineral resources is a requirement of sustainable development and that through a fundamental rights-based approach, it can be made effective. The concern is that an affected community should not only be involved in the decision-making process, but its view must also influence the outcome in respect of whether or not a mineral project should take place and how it should address development issues at local level. It is assumed that this legal approach will improve mineral governance by bringing more transparency and accountability. In many African resource-rich countries, community participation has until now been practiced with more of a soft approach, with the consequence that it has been unable to eradicate the opacity existing in the management of revenues generated by mineral exploitation and also deal efficiently with the recurrence of fundamental rights violations in the mineral sector. Obviously, the success of the fundamental rights based-approach is not absolutely guaranteed because there are preconditions that must be fulfilled. The synergy between community participation and some relevant concepts like democracy, decentarlisation, accountability, (good) governance and sustainable development must be well balanced for the participation process to bring positive outcomes. Also, because the fundamental rights based-approach is conceived here within the framework of the African Charter of Human and People’s Rights, its normative and institutional components, despite the potential to make participation effective and successful, require that some critical challenges be addressed in practice. The study ends with the conclusion that the fundamental rights based-approach is appropriate to make community participation effective in the mineral-led development process taking place at local level, provided that its implementation is kept reasonable.
Constitutional, International & Indigenous Law
D.Law