The natural forests have been reduced over the years. Commercial uses of a forest: The commercial uses of forest area in the following:.
Ecological uses of a forest: The ecological uses of forest are the following:. Water resources are the water sources that are useful to all living organisms to exist.
Water has distinct uses and some of them are as follows:. Day by day the demand of water is increasing and it is expected to increase more in the future. The change in climate also furnishes a major impact on water resources because the climate and hydrological cycles are closely related to each other.
Minerals furnish most of the materials which are used to drive machines in industries and vehicles on the roads. The demand for minerals is increasing at a fast rate with the increase in population and also with the increase in their consumption.
Types of mineral resources are as below:. The world generates enough food and products of agriculture which more than sufficient but still many parts of the world is suffering from the lack of food and the main reason for this is the change in climate. The present situation of food resources is defined by few modern driving forces and they are responsible for changing the food production, food markets, and food consumption.
They are as below:. In the causes of world food problems has few factors and in them, the decline in the availability of water and overgrazing are the two factors. The decline in the availability of water warns everyone that there will be a lack of water in the agricultural land by Overgrazing tells about the enhancement in the cattle production which heavily graze the forests or grasslands and this leads to the denude the land area.
All you need to do is just click on the download link and get it. The second basic function of natural resource law is to facilitate natural resource related transactions. The law, in this case, assists in said transactions by prescribing rules of conduct that govern a transaction unless the parties choose otherwise.
The law, for instance, may provide definitions for terms such as mineral rights, mining claims, water rights or hunting easements. A third significant task of natural resource law is to facilitate the establishment of a governance regime upon which resource users could co-ordinate resource use and resolve disputes.
Succinctly therefore, the role of law in natural resource management could be considered in the following manner; either as distributive, conservatory or proscriptive.
We shall discuss the three hereunder. The distributive function of the law is reflected under international law by the principle of permanent sovereignty over natural resources.
This is because the concept of permanent sovereignty over natural resources addresses the issue of ownership of resources and the rights of states to exploit said resources in accordance with their national development policies and goals without outside interference. The distributive role of the law, however, is not without its fair share of challenges.
The first drawback to this role is that it results in the creation of sectoral regimes which are fragmented and uncoordinated thus lacking in harmony in their efforts to allocate and conserve natural resources. For instance, it is quite possible to find various laws dealing with land, wildlife, forests and water governing, simultaneously, the same area and its resources. The same problem occurs where institutions created by the same respective laws and acting within their mandate, conflict in terms of directives.
Distributive role of the law also faces the challenge of determining an appropriate balance that ensures the needs of the community as a whole are met while at the same time catering for the conservation of the environment. The Constitution of Kenya, for instance has made attempts to attain this balance by making provisions of various categories of land from public land to be held by the state on behalf of the people to private land and communal land which is held by private individuals and the community respectively.
This is because issues of natural resource access and distribution has resulted in numerous conflicts, especially since natural resources form the bedrock of most economies and sources of livelihood. A quick illustration of this point is how emotive land issues are in Kenya. To further this aim, Kenya has constitutionalized the provision for a special court to 7 Art. The Environment and Land Court Act, was subsequently enacted pursuant to this provision9.
Conservatory Role of Law The law can also be seen to play a conservatory role when it comes to natural resource management. The law puts in the effort to preserve natural resources despite their use, allowing the resources to continue existing in sustainable quantities for the purpose of exploitation.
A testament to this role of the law is that the universally accepted principle of sustainable exploitation and intergenerational equity are now seen to be firmly entrenched in all environmental legislation. The principle basically states that all natural resource management strategies should be designed to meet the needs of the present generation without putting at risk the opportunity of future generations to enjoy the same. It is firmly entrenched within the Constitution of Kenya as well14, with provisions for it also made within Kenyan statutes.
We see the principle restated in E. A16 and just as clearly articulated within the Rio Declaration. The constitution provides that the state shall ensure sustainable 8 Art. C is also given the mandate to promote the application of Traditional Dispute Resolution Mechanisms in land related conflicts under Article 67, 2, f of the Constitution of Kenya A 11 Principles 1 and 2. This is especially evident where, in its attempt to prevent harm to natural resources and the environment, the law may need to apply to pre-existing activities and operations if it is to prove effective.
This role is what results into an authoritative and control approach taken to resource management by the concerned regulatory agents. The prospective role of law, thus, to be more concise, entails the provision for regulatory limits backed by sanctions. This principle has also found home in our statute under E. A and Environment and Land Court Act.
A , Kenya Wildlife Service K. S , Kenya Forest Service K. S and 18 Art. A 22 See Okidi C. A among others have been established by the respective laws involved in natural resource management to actualize the prospective roles of such laws. Special officers are also appointed under such laws for instance environmental inspectors under N. A to further enforce said laws.
In its prospective role, the law also places reliance on criminal law to ensure social control by deterring conduct or activity that leads to environmental degradation. In Kenya, the E. A and other sectoral environmental laws such as forests, water and wildlife have penal sanctions that ensure, for the most part, compliance from the public.
However, the challenge with this is that cases involving environmental issues are not taken to a special court that deals specifically with infringement of environmental laws but are taken to lower courts like other criminal cases. This carries with it the offset effect of having environmental crimes treated as petty in the categorization of crimes by police thus derogating the proscriptive role the law would otherwise have assumed in this case by lowering the profile of environmental offenders.
These examples are of importance to man as they create an ecosystem of services. Man is dependent on the environment for sustenance, for growth and economic development. These aspirations do not come without a challenge and as such a balance needs to be established so as not to deplete the very resources required for future generation existence.
The exploitation of natural resources for economic growth which is the root cause of environmental issues we face is manifested in various ways such as; deforestation, desertification, extinction of species, forced migration, soil erosion, oil depletion, ozone depletion and an increase in greenhouse gases thus leading to air pollution and subsequently contributing to related health issues in man.
Sustainable use of natural resources and proper management of the environment is a big topic globally as the use or misuse will affect future generations to come. If pollution goes unchecked, what health issues will manifest for the young generation and those yet to come? Proper management of the environment and utilization of natural resources in a sustainable manner is imperative as this is a key income generator for Kenya.
For instance, we rely heavily on Agriculture, Tourism and Manufacturing. To derive economic gain we must be able to replenish what we use and stay clear from over exploitation of that which we depend on for our livelihoods. These three sectors provide employment, a livelihood for many and in the case of agriculture- food for the citizens.
How then we interact with land, water bodies soil will determine how successful a crop a country can reap. All these mentioned are intertwined to how we treat the environment; if we emit too many pollutants in the air and cut down all the trees that affects the climate, including leading to drought.
Lack of predictable rain pattern then has consequences on the food production. The Environment needs to be nurtured. If treated well, the environment reciprocates and if neglected and abused the living things suffer in equal measure if not worse. In Manufacturing or Industrialization some level of pollution is expected. It is critical to ensure that some management and caution is taken as to the impact of pollution as this tends to have an adverse effect on natural resources.
International law principle of polluter pays came into effect to guard against excessive pollution by companies and hence the penalty is as a way to keep in check or to a minimal the pollution effects from man-made production activities. Tourism in Kenya is widely supported by our beautiful landscapes, beaches, flora and fauna.
It is of concern how the wild animals live and migrate. Some wild animals are at risk of extinction due to poaching and others due to migration.
If climatic conditions are not conducive, animals move while others die. The ecosystem is dependent on various flora and fauna for existence. This certainly proves that we must nurture our environment so as to grow as a nation.
The economy depends on it as well as the people. Although both indeed involve a degree of protection, they differ in how they achieve this objective.
Conservation of natural resources connotes that we must use our resources wisely. It is concerned with the sustainable use and management of natural resources. In Conservation, the focus is on ensuring that we use the natural resources and the environment in a way to improve our quality of life while being mindful of the next generation.
This view is the strict setting aside of natural resources to prevent the use or contact by human intervention. The objective here is to ensure that natural resources are left in their natural state, as they were meant to be. So, for instance, in preservation, policies may be made to set out some areas as conservatories or wildlife reserves.
To date sovereign countries all over the world have signed and ratified legal documents which are derived from treaties or international customs. This paper will examine the principles of natural resources that have found home in the aforementioned treaties and international customary law.
The paper will also consider the context within which these principles are applied and their overall effectiveness. It is through these provisions that general rules of international law and those treaty or convention ratified by Kenya are domesticated and made operational in a municipal capacity. Bodansky, J. Hey eds. It basically seeks to curtail the depletion of natural resources and pollution of the environment in a bid to curb the environmental damage that occurs as a result of such exploitation According to the Brundtland Commission26, sustainable development is that development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
The E. A, under section 2 gives a similar definition for sustainable development. At the core of this concept of sustainability is the idea that the current generation should not engage in practices that damage the prospects of future generations in maintaining or improving their living standards. A balance is therefore called for, between economic growth and attending to environmental considerations.
Many conventions held on Environmental issues acknowledge the need for man to interact with the environment but call for conscious engagement. The belief is that while it is necessary for developments to happen, it should not be at the expense of the environment. This implies an ethical balance between present and future generations. The development that is considered here is one that meets the needs of the present without compromising the ability of the future generations to meet their own needs.
Principle 2 confers the Jurisdiction as the Sovereign right but not to cause damage to the environment. The core of sustainable development is enshrined in our Constitution under article 10 d. Sustainable development is about national values and good governance. The specific targets and actions are to be achieved in the next 15 years. The SDG Goals are as follows; 1. No Poverty Reduced inequalities 2.
Zero Hunger Sustainable cities and communities 3. Good Health and well being Responsible consumption and 4. Gender Equality production 5. Quality Education Climate action 6. Clean Water and Sanitation Life below water 7. Affordable and clean energy Life on land 8.
Decent work and economic growth Peace, justice and strong institutions 9. Industry, innovation and Partnerships for the goals infrastructure In analyzing the SDG agenda, the seventeen goals intertwine around three core elements.
These are; Economic growth: to be economically stable a State must be able to produce goods and services on a continuing basis. Man needs to produce in order prosper. The ecosystem though must be nurtured for the growth to be constant therefore the Nations must be able to balance out so as to not exploit or deplete natural resources.
It is the awareness, that how we treat the environment will be reciprocated. It is an understanding that what we do to Earth has effects on climate change, our health and wellbeing and the existence of the other species. All efforts must be put in place to protect wildlife from extinction. Environmentally sustainable systems must maintain a stable resource base, avoiding over exploitation of renewable resources Social Sustainability: The environment must achieve distributional equity, adequate provision of social services including health and education, gender equity and political accountability and participation The environment also serves as a channel for pleasure, recreation and sports.
Those that love the outdoors with mountains to climb, rivers to kayak, trails to run or cycle all this providing a sense of wellbeing.
For others, it is the deep history some places capture and the social inclusion that emanates from a community gathering or celebrating history. The environment must therefore be socially present.
From the above, it is important to note that some SDG goals rely on others. For wellbeing, then people must eat well, therefore the goal on life on land has to result in sufficient productive and must also be well educated so as to be knowledgeable of how to take care of themselves. Additionally, for one to be healthy then they must live in clean cities and communities. To reduce inequalities and promote equality, we must educate both the girl child and the boy child giving them equal opportunities at achieving their goals and desires.
If the population is well educated, then there is a higher chance of getting decent work and growing the economy, if one works then one is able to sustain themselves hence eradicating poverty. They seventeen goals are intertwined and others may have some dependencies. That is, it cuts across current and future generations. The principle broadly states we are custodians of the next generation in as far as the Earth is concerned.
It is a duty and an obligation for the current generation to do nurture the environment for the sustainability of the next generation. Intragenerational Equity on the other hand refers to equity that is shared amongst people of the same generation. In Its emphasis, it deals with distribution of resources fairly amongst those present. It is a call for social responsibility and a balance on economic benefit at expense of harm or risk to the population and future generations to come.
It aims at taking a preventative measure as opposed to a curative approach. It means that contract or treaty clauses are laws with binding force thus states are required to fulfill their obligation and not to do anything that shall destroy the trust on the basis of which the treaty was agreed upon. Therefore this principle demands that parties to a treaty observe their precise obligations in good faith with the honorable intentions to meet their responsibilities The maxim usually finds use in cases of nuisance but it also applies in cases of transboundary environmental damage.
This is very common with water pollution because because the harmful pollutants are easily carried over to other areas sharing the same water body. In the case of the Trail Smelter Arbitration where Canada complained of escape of noxious Sulphur gases into its territory, from the United States, the Arbitral Tribunal stated that "No State has a right to use or permit the use of its territory in such a manner as to cause injury by fumes or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence".
In other words these are principles designed to help avert environmental damage before it occurs. This principle is considered a guiding rule with respect to environmental protection because it takes cognizance of the fact that not all damage caused to the environment is reversible. This principle therefore requires States to prevent environmental damage within their own jurisdiction and in whatever form their approach takes. For instance, in Kenya this principle is manifested under Article 69, 1, g which provides that one of the obligations of the state with respect to the environment is to eliminate processes and activities that are likely to endanger the environment The current formulation of the principle of prevention in the environmental context was introduced in in Principle 21 of the Stockholm Declaration on the Human Environment: [S]tates have.
Additionally ICJ, in its Advisory Opinion on the Legality of Nuclear Weapons, held that the prevention principle as enshrined in Principle 21 of the Stockholm Declaration and Principle 2 of the Rio Declaration was part of general international law [t]he existence of the general obligation of States to ensure that activities within their jurisdiction and control respect the environment of other States or of areas beyond national control is now part of the corpus of international law relating to the environment.
Duvic Paoli and J. A Commentary Oxford University Press, , pp. In the Gabcikovo-Nagymaros Project case, the I. The classic formulation of the no harm principle in an environmental context appears in the Trail Smelter Case United States v.
A has been used as a mechanism to enable those concerned with development programs or projects to make more informed decisions involving those projects especially with regards to activities that are likely to have detrimental implications on the environment. The origins of the obligation to conduct an environmental impact assessment E. A can be traced back to the domestic law of some States and, particularly, to the National Environmental Policy Act adopted by the United States as early as
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