ABSTRACT

The relationship between human rights and the environment, as evidenced by the 2022 UN Resolution on the human right to a healthy environment, is a topical, fascinating, uneasy, and increasingly urgent one. This timely collection explores the inextricable relationship between human rights and the environment as a critical lens for understanding and addressing key human rights and environmental issues confronting Africa.

The work explores theoretical, philosophical, and doctrinal, research to interrogate and provide clarity on how and whether the human rightsbased approach to environmental protection and policy implications has been effective in enhancing environmental protection and sustainability in Africa. It brings together an elite group of African and international experts to investigate the increasing connectivity and problems with African human rights, environmental governance, and the quest for sustainability.

The book is divided into thematic clusters, including the right of vulnerable communities to sustainability; climate change, the right to development and natural resource governance; corporate environmental responsibility and sustainability; the philosophy of environmental ethics and theories of human rights approaches to environmental governance; procedural environmental rights; the role of the judiciary in environmental protection; and desertification. These themes provide a structure to investigate and clarify specific fundamental questions on Africa’s environmental governance paradigm.

This innovative contribution provides an interdisciplinary approach to the philosophical interrelationship and use of human rights approaches to ensure and enhance environmental protection and sustainability. As such, the book will be of interest to African scholars, researchers, and students in human rights law, environmental studies, political science, ecology and conservation, and development studies. It will also be a valuable resource for policymakers, governments, NGOs, practitioners, and all those interested in African environmental governance.

chapter 1|16 pages

Introduction

African environmentalism and sustainability – framing the epistemic parameters of human rights and the environment in Africa

part 1|77 pages

Legal, theoretical, and philosophical issues of human rights and the environment in Africa

chapter 2|20 pages

Critical reflections on rights theory and environmental ethics in environmental jurisprudence

An African perspective in pursuit of environmental sustainability

chapter 4|19 pages

Human rights and the environment in pursuit of sustainability in Africa

A critical assessment of folkloric, legal, and political economy perspectives

chapter 5|16 pages

Human rights and the pursuit of environmental sustainability in Africa

Issues and problems in African environmental ethics and environmental law

part 2|63 pages

Procedural environmental rights in Africa

chapter 7|20 pages

Procedural rights and trans-regional environmental governance in pursuit of sustainability in Africa

A new African treaty or taking the Aarhus Convention's route?

chapter 8|22 pages

Pursuing environmental sustainability in Africa

Procedural obstacles to environmental litigation based on human rights law

part 3|77 pages

Judiciary and the environment in Africa

part 4|91 pages

Rights to development and natural resources in Africa

chapter 13|19 pages

Land grabbing and the right to a healthy environment

The pursuit of sustainability under the African charter on human and peoples' rights

chapter 14|18 pages

Contested priority in the pursuit of sustainability in Africa

The right to development and/or the right to a satisfactory environment under the African Charter?

chapter 16|17 pages

The inefficacy of international law to address biodiversity loss in Africa

A quest for environmental sustainability through an Ecocentric approach

part 6|39 pages

Climate change and migration in Africa

chapter 20|21 pages

Climate action and the pursuit of environmental sustainability in Africa

An analysis of Africa's involvement in COP26 discussions

part 7|50 pages

Desertification in Africa

chapter 24|11 pages

Conclusion

Towards a more resilient and sustainable human environmental rights future for Africa