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Dzidzornu, David --- "Economic Development and Environmental Protection in Africa: The Constitutional, Conventional and Institutional Contexts" [2011] ELECD 415; in Botchway, N. Francis (ed), "Natural Resource Investment and Africa’s Development" (Edward Elgar Publishing, 2011)

Book Title: Natural Resource Investment and Africa’s Development

Editor(s): Botchway, N. Francis

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446793

Section: Chapter 14

Section Title: Economic Development and Environmental Protection in Africa: The Constitutional, Conventional and Institutional Contexts

Author(s): Dzidzornu, David

Number of pages: 59

Extract:

14. Economic development and
environmental protection in Africa:
the constitutional, conventional
and institutional contexts
David Dzidzornu

1 INTRODUCTION

It is fairly common knowledge that, from its intensive resource exploita-
tion antecedents during the colonial era, African environmental policy
and law has been slow to embrace modern principles of natural resource
exploitation and environmental protection and preservation.1 This is
particularly so in terms of efficacious engagement of the African states at
bilateral, sub-regional, regional and, ultimately, continental levels in con-
crete co-operative steps to protect and preserve ecology and environment
as part and parcel of the process of economic development. The first con-
tinental resource preservation and environmental protection treaty con-
cluded to provide an impetus for a collective effort to this end, the African
Convention for the Conservation of Nature and Natural Resources 1968
(Algiers Convention 1968),2 has been remarkable for some shortcomings
that undermine realization of its objectives.
First, its provisions are spare on relevant implementation obligations,
as it strongly focuses on national rather than co-operative decision-
making regarding observance of the resource preservation and environ-
mental protection duties it prescribes. Second, it creates an institutionally
loose arrangement regarding superintendence of its implementation at the
Organisation of African Unity (OAU),3 now African Union (AU),4 level.
Third, under the African Economic Community Treaty 1991 (AEC Treaty
1991),5 African states agreed not only that their work toward continental
economic development and integration6 must, as a process, be achieved by
exploiting and utilizing resources ...