Balancing Conflicting Interest between Investment Considerations and Environmental Sustainability under Cameroonian Sectoral Laws: A legal Analysis

Authors

  • Macbert Nkongho Ayuk University of Dschang
  • Mbetiji Mbetiji Michel
  • Nchifon Robert Elvis Yenkuh

Keywords:

Investment, Conflict, Interest, Environment, Sustainability, Implementation, Law

Abstract

The natural environment provides clean water supply, clean air, mitigate climate change/global warming and ultimately sustain the wellbeing of mankind and sundry. Furthermore, natural environmental resources not only offer livelihoods, employment, and revenue to the government, which can be utilized for education, healthcare, development, and sustainable economic models, but also ensure the well-being of the current generation without compromising the prospects of future generations to meet their needs.. Worth noting is that economic development explains why investment activities have increased at an alarming rate worldwide with favorable conditions for multilateral corporations to expand and diversify their exercises in different sectors of the  economy. Unfortunately, due to unsustainable exploitation of natural resources by investors and the quest for economic growth in the world in general and Cameroon in particular, mankind has being deprived of these natural resources with much of what is relied for livelihood are at the verge of extinction. Most probably, investors seem not to comply with norms that regulate exploitation activities. It will be of essence at this juncture to examine the relationship that exist between investment laws and environmental laws and attempt to strike a balance to ensure environmental sustainability. We also aim in this article to demonstrate how investment activities have impacted negatively on the environment. This article also seeks to examine the legal mechanisms put in place by the Cameroonian legislator to protect the environment against investment activities and some constraints which cause investors not to effectively comply with them. As a result, this article ends with several strong suggestions that, if properly put into action, would contribute to ensuring the adequate adherence to environmental standards in Cameroon specifically, and globally, aiming for sustainability.

References

Lucretia, (2012), “The importance of environmental protection and sustainable development, 3rd world conference on learning, teaching, educational leadership”, Elsevier Ltd,pp 1344-1348.

Everette, T., &Marlirka, (2005), “Evidence and analysis, series paper economic growth and development”.

Neumayer, E., (2001), “Greening trade and investment: environmental protection without protectionism”,Earth scanUK and US.

CCICED, (2011), Annual general meeting on investment, trade and the environment on our framework of analysis.

Danya, S., et al, (2015), “conservation of the natural and social investment”. Big society, capital, social investment insight series, pp. 4-17

Peter, J., (2004), African politics and society, a, mosaic in transformation, 2ndEd.

Bitondo, D., (2000), “environmental impact assessment in Cameroon state of art: impact assessment and project appraisal”, vol. 18, p. 33-42.

Hunter, J., & Durwood Z., (1998), International environmental law and policy, New York foundation press.

UNEP, (2007), “Multilateral environmental agreement, negotiators handbook”. Joensuu, Finland. 2nd Ed.

Sylvia, B., (2013), “UNEP international environmental law and policy.”

Lanjore, H., (2015), “Interplay between investment laws and environmental laws in Ethiopia with regard to environmental protection”, master dissertation Jemma University.

Nicholas, A., (2006), “Training manual on international environmental”, Digital common space.

Gordon, K., & John, P., (2011), “Environmental concerns in international investment agreements: a survey”, OECD working papers on international investment, OECD publishing.

Yin, & Yang, (2016), “Environmental protection in investment arbitration”, University of Geneva, pp.371-399.

Kelese, G.N., (2023), “International investment law”, Lecture Note, FSJP, University of Dschang.

Mekenjio, N., (2016), “Environmental Protection under Cameroonian investment legislation”, Master dissertation FSJP university of Dschang.

Augustine, B., (2018), “Bio-safety law and policy in Cameroon”, in environmental law and policy in Cameroon towards making Africa the tree of life, Nomos Germany,pp. 518-533.

Christopher, E., & Andre, F., (2018), “principles of environmental management”, in environmental law and policy in Cameroon towards making Africa the tree of life, Nomos Germany,pp. 33-42.

Augustine, M., (2017), “Cameroon environmental law within the framework of sustainable development”, Yaoundé Cameroon.

Gilles, H., (2012), “la protection de l’enironnement par les collectivités territoriales décentraliséesau Cameroun: Cas de la communauté de Douala”, dissertation de master, université de Douala.

Eric, G., (2000), “multinational companies’ technology spill overs and firm survival, evidence from Irish manufacturing”.

David, S., (2017), “Economic effects of multinational corporations”.

Alex, B., (2009),“Multinational corporations and the developing world”, Ghana.

Shelton, D., & kiss, (2005), judicial handbook on environmental law, 1st ed. United Nations publishing security, Nairobi.

Sandrine, G., et al., (2015), “Climate change and beliefs in Cameroon: a qualitative study among farmers in the equatorial and sudanosahelian zones.”

Sivasathievel, T., & Siva, (2011), “Ozone layer depletion and its effects. A review, International Journal of environmental science and protection, vol. 2. Pp. 30-37.

UN world water development summit report leaving number one behind, (2019).

Oliver, C., & Emmanuel, D., (2018), Environmental law and policy in Cameroon towards making Africa the Tree of life, 1st ed., Nomos Germany.

Kamto, M., (1996), Droit de l’environnement en Afrique, Edicef rue Jean Bleuzen.

See Section 13 of the 1996 framework law relating to environmental management in Cameroon.

See Principle 21 of the 1972 Stockholm Declaration and principle 2 of the 1992 Rio Declaration respectively.

See Law No.2016/017 of 14 December 2016.

Tamasang, C.F. and Nkumbe, E.M., (2018), “Environmental Considerations in the Extractive Sector Laws in Cameroon: A Legal Analysis”, Annales de la Faculté des Sciences Juridiques et Politiques, Tom 20, Université de Dschang, p.231.

Published

2024-04-01