The question of the legality of international environmental law is particularly acute in the domestic legal systems of sub-Saharan African states. This is the case of Chad. The current configuration of this problem is reflected in ambiguities common to global and regional environmental standards and those specific to sub-regional environmental standards. They are likely to deny their legality. With regard to the former, these ambiguities revolve around the ratification of conventional legal instruments and their transposition into the domestic legal order. With regard to the second ones falling precisely under Community law, they are broken down into the lack of knowledge of these standards, their inadequacies not contributing to the construction of an autonomous Community law of the environment. The lack of effectiveness of international environmental law is thus far from leading to an effective protection of the environment in Chad.
| Published in | Social Sciences (Volume 8, Issue 2) |
| DOI | 10.11648/j.ss.20190802.13 |
| Page(s) | 52-61 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2019. Published by Science Publishing Group |
International Environmental Law, Community Environmental Law, Legality, Effectiveness
| [1] | PRIEUR (M) and DOUMBE-BILLE (S) (2012), French-language collection of international texts in environmental law, Brussels, Bruylant, 2nd ed., 925-976. |
| [2] | OUMBA (P) (2013), "The role of subregional organizations in the integration and development of international environmental law in Central Africa", RADE, No. 00, 42-54. |
| [3] | MALJEAN-DUBOIS (S) (2003), The Implementation of International Environmental Law, Paris, Notes of IDDRI, 9. |
| [4] | COMBACAU (J) and SUR (S) (1997), Public International Law, Paris, Montchrestien, 3rd ed., Domat, 496-505. |
| [5] | KISS (A) and BEURIER (J-P) (2004), International Environmental Law, Paris, Pedone, 3rd ed., 27-67. |
| [6] | LAVIEILLE (J-M) (2004), International Environmental Law, Paris, Ellipses, 2nd ed., 59. |
| [7] | DAILLIER (P) and PELLET (A) (2002), Public international law, Paris, LGDJ, 7th ed., 1281. |
| [8] | MALJEAN-DUBOIS (S) (2003), The Implementation of International Environmental Law, Paris, Notes of IDDRI, 9. P. 7-8. |
| [9] | ABDELKERIM (M) (2016), Environmental Protection and Sustainable Development in Africa, Saarbrûken, European University Publishing, 75-96. |
| [10] | KAMTO (M) (2007), The Will of the State in International Law, Leiden / Boston, The Hague Academy of International Law, Martinus Nijhoff Publishers, Taken from the Handbook, 428. |
| [11] | OUMBA (P) (2013), The role of subregional organizations in the integration and development of international environmental law in Central Africa", RADE, No. 00, 12. |
| [12] | KAMTO (M) (1996), "Forests, Common Heritage of Humanity and International Law", Introductory Report No. 4, in PRIEUR (M) and DOUMBE-BILLE (S) (eds.), Law, Forests and Sustainable Development, Brussels, AUPELF-UREF, Bruylant, 17. |
| [13] | ABDELKERIM (M) (2016), Environmental Protection and Sustainable Development in Africa, Saarbrûken, European University Publishing, 27. |
| [14] | KISS (A) and BEURIER (J-P) (2004), International Environmental Law, Paris, Pedone, 3rd ed., 14-128. |
| [15] | KAMTO (M) (1991), "Regional conventions on the conservation of nature and natural resources in Africa and their implementation", Legal Review of the Environment, No. 4, 417-442. |
| [16] | ABDELKERIM (M) and NDINGANGAR TEADOUM (E) (2018), Environmental Law Treaty: the issue of the protection of the environment in Chad, volume 1, Edilivre, Paris, 28. |
| [17] | GUILLIEN (R) and VINCENT (J) (2001), Lexicon of legal terms, GUINCHARD (S) and MONTAGNIER (G) (dir.), Paris, Dalloz, 14th ed., 327. |
| [18] | CORTEN (O) (1996), "Some reflections on the legality of international law in the light of the Yugoslav crisis", RBDI, No. 1, 237. |
| [19] | ROMI (R) (1997), Environmental Law and Administration, Paris, Montchrestien, 2nd ed., 31. |
| [20] | ABDELKERIM (M) (2016), Environmental Protection and Sustainable Development in Africa, Saarbrûken, European University Publishing, 25. |
| [21] | KISS (A) (1993), "Framework treaties: a legal technique characteristic of international environmental law", AFDI, Volume 39, 1993, 792-797. |
| [22] | ABDELKERIM (M) and NDINGANGAR TEADOUM (E) (2018), 254. |
| [23] | KISS (AC) and BOJIC (D) (1996), "Institutional and Financial Aspects of Forest Protection in International Law", in PRIEUR (M) and DOUMBE-BILLE (S) (eds.), Law, Forests and Sustainable Development, Brussels, AUPELF-UREF, Bruylant, 433-445. |
| [24] | MEKOUAR (MA) and DOUMBE BILLE (S), "The Revised African Convention on the Conservation of Nature and Natural Resources: A New Framework for the Integral Development of Environmental Law in Africa", in GRANIER (L) (Dir.), Contemporary Aspects of Environmental Law in West and Central Africa, IUCN, Environmental Law and Policy, No. 69, 197-214. |
| [25] | MALINGREY (P) (2008), Introduction to environmental law, Paris, Lavoisier, 4th ed., 327p. |
| [26] | KISS (A) (1993), "Framework treaties: a legal technique characteristic of international environmental law", AFDI, Volume 39, 792-797. |
| [27] | ABDELKERIM (M) (2016), Environmental Protection and Sustainable Development in Africa, Saarbrûken, European University Publishing, 113-150. |
| [28] | ABDELKERIM (M) (2016), Environmental Protection and Sustainable Development in Africa, Saarbrûken, European University Publishing, 113-150. |
| [29] | BORCHART (K-D) (2000), The ABC of Community Law, Brussels, European Documentation, European Commission, 5th ed., 33-89. |
| [30] | GUILLIEN (R) and VINCENT (J) (2001), Lexicon of legal terms, GUINCHARD (S) and MONTAGNIER (G) (dir.), Paris, Dalloz, 14th ed., 459. |
| [31] | MALJEAN-DUBOIS (S) (2003), The Implementation of International Environmental Law, Paris, Notes of IDDRI, 24. |
| [32] | MALJEAN-DUBOIS (S) (2003), The Implementation of International Environmental Law, Paris, Notes of IDDRI, 24. |
| [33] | ABDELKERIM (M) and NDINGANGAR TEADOUM (E) (2018), 86-87. |
| [34] | PRIEUR (M) (1999), "The Aarhus Convention, a universal instrument of environmental democracy", EJN, special issue, The Aarhus Convention, 9-29. |
| [35] | SITACK YOMBATINA (B) (2010), "The question of plastic bags" leydas "in the city of N'Djamena: between current issues and future challenges, which municipal policy? ", RJT, No. 18, September, 7-14. |
| [36] | MEKOUAR (M A) (2014), "The African Convention on the Conservation of Nature: to hasten its entry into force to ensure its implementation", RADE, No. 1, 155-159. |
| [37] | DOUMBE-BILLE (S) (1993), "Evolution of institutions and means of implementation of environmental law and development", EJN, No. 1, 31-44. |
| [38] | KAMTO (M) (1999), "The African Convention on the Conservation of Nature and Natural Resources", in the Ministry of the Environment and Environment without Borders, Towards the Enhanced Application of International Environmental Law, Paris, Editions FRISON- ROCHE, 53-57. |
| [39] | MEKOUAR (M A) (2014), "The African Convention on the Conservation of Nature: to hasten its entry into force with a view to ensuring its implementation", RADE, No. 1, 155-159. |
| [40] | OUMBA (P) (2013), "The role of subregional organizations in the integration and development of international environmental law in Central Africa", RADE, No. 00, 44. |
| [41] | NAIM-GESBERT (E) (2015), "Causes of the general law of the environment", EJN, No. 3, 210-212. |
| [42] | KENFACK (J) (2007), "The influence of the West in the definition of environmental standards and sustainable development in Africa", LRCEI, No. 001, 1st semester, 203-222. |
| [43] | VANDERVORST (A) (2000), "Content and scope of the concept of environmental conditionality: towards a new instrument for environmental law?", REDE, n ° 2, 129-151. |
| [44] | KENFACK (J) (2007), "The influence of the West in the definition of environmental standards and sustainable development in Africa", LRCEI, No. 001, 1st semester, 203-222. |
| [45] | CORTEN (O) (1996), "Some reflections on the legality of international law in the light of the Yugoslav crisis", RBDI, 1996, No. 1, pp. 217-247. |
| [46] | TOLNAN (M) (2017), The Chadian Judge and Community Law of CEMAC, Master thesis Research, Community and Comparative Law CEMAC, FSJP, University of Dschang, 174p. |
| [47] | MEKOUAR (MA) and DOUMBE BILLE (S), "The Revised African Convention on the Conservation of Nature and Natural Resources: A New Framework for the Integral Development of Environmental Law in Africa", in GRANIER (L) (Dir.), Contemporary Aspects of Environmental Law in West and Central Africa, IUCN, Environmental Law and Policy, No. 69, 197-214. |
| [48] | BOES (M) (1994), "The Transcription of Conventional International Environmental Law into the National Law of Quasi-Federal States. The case of Belgium ", in PRIEUR (M) and DOUMBE-BILLE (S), Environmental Law and Sustainable Development, Limoges, PULIM, 43-52. |
| [49] | REED David (eds.) (1997), Structural adjustment, environment and sustainable development, Paris, L'Harmattan, 377p. |
| [50] | OUMBA (P) (2013), "The role of subregional organizations in the integration and development of international environmental law in Central Africa", RADE, No. 00, 44. |
| [51] | GARGA (S) (2015), "The fight against desertification: part of an African ecological public order", CJP, 83-107. |
| [52] | KISS (A) (1993), "Framework treaties: a legal technique characteristic of international environmental law", AFDI, Volume 39, 792-797. |
| [53] | SIME (RN), "The Integration and Harmonization of International Environmental Law Standards into African Law", in GRANIER (L) (coord.), Contemporary Aspects of Environmental Law in Africa West and Central, IUCN, Environmental Law and Policy, No. 69, pp. 157-176. |
| [54] | ROMI (R) (1994), "Problems of Effectiveness of International Law: the Role of Local Entities", in PRIEUR (M) and DOUMBE-BILLE (S), Environmental Law and Sustainable Development, PULIM, Limoges, 53-66. |
| [55] | SAVADOGO (Y) (2013), "Environmental Crimes and Sustainable Development in Africa: From the Transaction to Judicial Settlement", RADE, No. 00, 67-74. |
| [56] | SIME (RN), "The Integration and Harmonization of International Environmental Law Standards into African Law", in GRANIER (L) (coord.), Contemporary Aspects of Environmental Law in Africa West and Central, IUCN, Environmental Law and Policy, No. 69, 175. |
| [57] | DELVALLEZ (C-E) (2011), The Administrative Judge and the Primacy of Community Law, Paris, L'Harmattan, Legal Logic, 355p. |
| [58] | DELVALLEZ (C-E) (2011), The Administrative Judge and the Primacy of Community Law, Paris, L'Harmattan, Legal Logic, 355. |
| [59] | DIAS VARELLA (M) (2005), "The role of non-governmental organizations in the development of international environmental law", RTJC, January, 41-76. |
| [60] | MKADMI (B) (2013), The Jurisdiction of the Concept of Sustainable Development in Jurisprudence in Quebec, Mémoire, Université Laval, 220p. |
| [61] | "The problem of desertification and the environment in Chad: an ecological challenge to be met!", RJT, No. 2, September 2001, pp. 7-14. |
| [62] | KAMTO (M) (2014), "Implementing Environmental Law: Strengths and Weaknesses of Institutional Frameworks", RADE, No. 1, 29-36. |
| [63] | BRETON (J-M) (1998), "The fight against poaching", RJP, No. 2, May-August, 207-224. |
| [64] | OUMBA (P) (2013), "The role of subregional organizations in the integration and development of international environmental law in Central Africa", RADE, No. 00, 50. |
| [65] | KAMTO (M), "The new principles of international environmental law", EJN, No. 1, 1993, pp. 11-21. |
| [66] | KAMTO (M), "Implementing Environmental Law: Strengths and Weaknesses of Institutional Frameworks", RADE, No. 1, 34. |
| [67] | OUMBA (P) (2013), "The role of subregional organizations in the integration and development of international environmental law in Central Africa", RADE, No. 00, 49. |
| [68] | KAMTO (M), The Will of the State in International Law, Leiden / Boston, The Hague Academy of International Law, Martinus Nijhoff Publishers, Taken from the Handbook, 69. |
| [69] | KAMTO (M), "Implementing Environmental Law: Strengths and Weaknesses of Institutional Frameworks", RADE, No. 1, 34. |
| [70] | OUMBA (P) (2013), "The role of subregional organizations in the integration and development of international environmental law in Central Africa", RADE, No. 00, 51-52. |
APA Style
Abdelkerim Marcelin, Ndingangar Teadoum Emmanuel. (2019). The Problem of the Application of International Environmental Law in Chad. Social Sciences, 8(2), 52-61. https://doi.org/10.11648/j.ss.20190802.13
ACS Style
Abdelkerim Marcelin; Ndingangar Teadoum Emmanuel. The Problem of the Application of International Environmental Law in Chad. Soc. Sci. 2019, 8(2), 52-61. doi: 10.11648/j.ss.20190802.13
AMA Style
Abdelkerim Marcelin, Ndingangar Teadoum Emmanuel. The Problem of the Application of International Environmental Law in Chad. Soc Sci. 2019;8(2):52-61. doi: 10.11648/j.ss.20190802.13
Share This Article
Twitter
Linked In
Facebook
Copy
Download@article{10.11648/j.ss.20190802.13,
author = {Abdelkerim Marcelin and Ndingangar Teadoum Emmanuel},
title = {The Problem of the Application of International Environmental Law in Chad},
journal = {Social Sciences},
volume = {8},
number = {2},
pages = {52-61},
doi = {10.11648/j.ss.20190802.13},
url = {https://doi.org/10.11648/j.ss.20190802.13},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20190802.13},
abstract = {The question of the legality of international environmental law is particularly acute in the domestic legal systems of sub-Saharan African states. This is the case of Chad. The current configuration of this problem is reflected in ambiguities common to global and regional environmental standards and those specific to sub-regional environmental standards. They are likely to deny their legality. With regard to the former, these ambiguities revolve around the ratification of conventional legal instruments and their transposition into the domestic legal order. With regard to the second ones falling precisely under Community law, they are broken down into the lack of knowledge of these standards, their inadequacies not contributing to the construction of an autonomous Community law of the environment. The lack of effectiveness of international environmental law is thus far from leading to an effective protection of the environment in Chad.},
year = {2019}
}
TY - JOUR T1 - The Problem of the Application of International Environmental Law in Chad AU - Abdelkerim Marcelin AU - Ndingangar Teadoum Emmanuel Y1 - 2019/05/07 PY - 2019 N1 - https://doi.org/10.11648/j.ss.20190802.13 DO - 10.11648/j.ss.20190802.13 T2 - Social Sciences JF - Social Sciences JO - Social Sciences SP - 52 EP - 61 PB - Science Publishing Group SN - 2326-988X UR - https://doi.org/10.11648/j.ss.20190802.13 AB - The question of the legality of international environmental law is particularly acute in the domestic legal systems of sub-Saharan African states. This is the case of Chad. The current configuration of this problem is reflected in ambiguities common to global and regional environmental standards and those specific to sub-regional environmental standards. They are likely to deny their legality. With regard to the former, these ambiguities revolve around the ratification of conventional legal instruments and their transposition into the domestic legal order. With regard to the second ones falling precisely under Community law, they are broken down into the lack of knowledge of these standards, their inadequacies not contributing to the construction of an autonomous Community law of the environment. The lack of effectiveness of international environmental law is thus far from leading to an effective protection of the environment in Chad. VL - 8 IS - 2 ER -
Email: