PUBLISHING | BOOK

Administrative Law

Temas de Direito Ambiental Lusófono

LPL Editor(s):
Carla Amado Gomes
Research Group(s):
Administrative Law
978-989-8722-43-0
Publishing company: ICJP-CIDP
Year: 2020

Synopsis

Environmental protection is an urgent reality, though only recently addressed from a legal perspective. It was during the 1970s, following the Stockholm Conference, that the issue gained global political relevance and entered both national and international agendas. Since then, there has been an explosion of regulations, leading to fragmentation and a multiplicity of conflict-resolution mechanisms, which undermine the effectiveness of environmental protection. The fact that environmental assets are often subject to economic exploitation and, as such, fall under the "sovereignty reserve" (specifically, the principle of permanent sovereignty over natural resources) complicates consensus-building. This often relegates environmental law to the realm of soft law or inertia, as exemplified by the challenges in implementing the Paris Agreement.

The African continent, less industrialised yet rich in biodiversity and mineral resources, has a complex relationship with Environmental Law. On one hand, states recognise the need for resource management to be rule-bound. On the other, they are driven to exploit natural wealth for reasons both laudable and less so. The "resource curse" looms over many African states, resulting in environmental degradation and societal losses.

In compiling a collection of texts on Lusophone Environmental Law, it was imperative to include the five Lusophone African states—Angola, Cape Verde, Guinea-Bissau, Mozambique, and São Tomé and Príncipe—alongside Brazil, which, despite having distinct challenges, shares the Portuguese language. This shared linguistic heritage is coupled with a common concern for environmental protection, yielding outcomes worthy of analysis and reflection. As a Professor of Environmental Law, my interactions with students of diverse nationalities inspired me to bring together talented minds for this book. It is my hope that this work serves as a catalyst for serious research on Environmental Law in Lusophone states.

I trust that this publication will capture the interest of the legal community and inspire further contributions to this important field.

Lisbon Public Law Research Centre

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