Date Posted: 9/19/2011 2:30:21 AM
Posted By: Harshie Moraa Membership Level: Gold Total Points: 1211
Environmental law generally comprises the rules and doctrines arising from common law, provisions of constitutions, statutes, general principles and treaties that deal with protection, management and utilization of natural resources and the environment. The aim of environmental law are:-a) To facilitate environmental management by providing rules and regulations for environmental conservation and preservation. In facilitating environmental management we get to know how institutions for environmental management are created, how rules are created to resolve environmental conflicts, and what are the acceptable standards of conduct and behavior when interacting with the environment.b) To facilitate sustainable development.The sources of environmental law in Kenya include the constitution, framework law, sectoral statutes, regulations, judicial decisions, customary law, treaties, general opinions of international law and qualified writings among other sources.Environmental law originally arose out of English Common law and such law sought to uphold individual property rights as well as protect common property such as rivers, air and sea. Remedies for injuries sustained as a result of environmental breach were pursued privately whereas in other areas, public authorities were held to account for the same. Criminal law was also used by the state to punish individuals for breaches for example, the law of public nuisance, trespass and arson.Industrial revolution led to regulations to protect public health and control water pollution. These regulations were however localized at that time. It is this industrial development that gave impetus to growth of national laws when in the 1960s countries saw the need to enact specific laws to regulate the environment starting with Brazil which enacted the laws on environment in 1967.Environmental law therefore developed from case law to what it is today.
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