The Legal Framework for Waste Management in Cameroon by International Environmental Law

Christian Daniel Beyeme

doi:doi:10.11648/j.ijls.20210401.15

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The Legal Framework for Waste Management in Cameroon by International Environmental Law

Christian Daniel Beyeme

Published in International Journal of Law and Society (Volume 4, Issue 1)

Received: 3 February 2021 Accepted: 18 February 2021 Published: 17 March 2021

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Abstract

The rules of international law find their authority in the provisions of Article 38 (1°) of the Statutes of the International Court of Justice, in four sources, namely: treaties, international custom, general principles of law, and secondary sources (court decisions, tribunals and doctrine). However, beyond these sources of "hard law", which impose binding obligations, there are also "soft law" rules whose obligations are not binding. However, it should be noted that new customary rules appear quite quickly, as does the speed with which global environmental issues take hold of the political calendar, tending to highlight the evolution of legal norms and to relegate customary law to the background, after conventions or treaties. Although some fundamental principles, such as the equitable use of resources can be attributed to decisions based on customary law, treaties are undoubtedly the main basis used by the international community to regulate activities threatening the environment. In this perspective, the legal framework for waste management in Cameroon by international environmental law is palpable through the ratification of treaties, international agreements because Cameroon is a signatory of conventions, codes, protocols, and international agreements which reinforce the existing legal instruments at the national level and especially which lend credibility to the environmental protection policy in general, and the efficient and environmentally sound management of waste in particular, with international partners.

Published in	International Journal of Law and Society (Volume 4, Issue 1)
DOI	10.11648/j.ijls.20210401.15
Page(s)	39-46
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Waste, Environment, Convention, Treaty, International Law

References

[1]	GNANGUI (A), Waste law in Africa, the case of Cote d'Ivoire, Harmattan, collection of African studies, 2010.
[2]	On the meanings, origin, basis and distinction between ratification and signature, see. NGUYEN QUOC DINH et alii, Droit international public, 7th ed., Paris, L. G. D. J., 2002, 1510 p., P. 139 et sq.
[3]	MINKOA SHE (A), Human rights and criminal law in Cameroon, Paris, Economica, Coll. “The Life of Law in Africa”, 1999, 321 p.
[4]	KAMTO (M), Environmental Law in Africa, Paris, EDICEF, 1996, 416 pages.
[5]	RAZ (J), legal principals and the limits of the law, yale LJ, 1972, p 823, quoted by DE SADELEER (N), the principles of the polluter, of prevention and of precaution - essay on the genesis and the legal scope of some principles of environmental law, Bruylant, Brussels, 1999, p. 234.
[6]	DWORKIN (R), Taking rights seriously, cambrige, Mass, Harvard Universty press, 1977, p 35 and “positivism”, D, and S., 1985, n° 1, p. 31, cited by DE SADELEER (N), the principles of the polluter, prevention and precaution - essay on the genesis and the legal scope of some principles of environmental law, Brussels, Bruylant, 1999, p. 233.
[7]	DOUNIAN (A), the legal regime of waste management in Cameroon, doctoral thesis in public law, university of yaoundé 2 (soa), April 2009
[8]	Bamako Convention on the prohibition of importing hazardous wastes into Africa and on the control of transboundary movements and management of hazardous wastes produced in Africa (1991).
[9]	Law n° 96/12 of August 5, 2004 on the framework law relating to environmental management.
[10]	Rio de Janeiro Convention, on biodiversity, climate change, the fight against desertification in forests, in 1992.
[11]	Bale Convention on the Control of Trans boundary Movements of Hazardous Wastes and Their Disposal (1989) and the Protocol on Liability for Compensation (1999).
[12]	Stockholm Convention on Persistent Organic Pollutants (2001).
[13]	Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998).
[14]	The Kyoto Protocol is an international agreement aimed at reducing greenhouse gas emissions and which comes in addition to the United Nations Framework Convention on Climate Change, whose participating countries have met once a year since 1995.
[15]	Vienna Convention for the Protection of the Ozone Layer (1985) and Protocol on Substances that Deplete the Ozone Layer (1987).
[16]	KISS (A), International Environmental Law, Paris, Pedone, 2000, 487 pages.
[17]	CASSESSE (A), Modern constitutions and international law '', R. C. A. D. I., 1985, vol. 192, p. 39.
[18]	OLINGA (A. D), The development of rights and freedoms in the revised Cameroonian Constitution, Universal Review of Human Rights, 1996, vol. 8, n° 4-7, pp. 116-126.

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Christian Daniel Beyeme. (2021). The Legal Framework for Waste Management in Cameroon by International Environmental Law. International Journal of Law and Society, 4(1), 39-46. https://doi.org/10.11648/j.ijls.20210401.15

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Christian Daniel Beyeme. The Legal Framework for Waste Management in Cameroon by International Environmental Law. Int. J. Law Soc. 2021, 4(1), 39-46. doi: 10.11648/j.ijls.20210401.15

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Christian Daniel Beyeme. The Legal Framework for Waste Management in Cameroon by International Environmental Law. Int J Law Soc. 2021;4(1):39-46. doi: 10.11648/j.ijls.20210401.15

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@article{10.11648/j.ijls.20210401.15,
  author = {Christian Daniel Beyeme},
  title = {The Legal Framework for Waste Management in Cameroon by International Environmental Law},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {1},
  pages = {39-46},
  doi = {10.11648/j.ijls.20210401.15},
  url = {https://doi.org/10.11648/j.ijls.20210401.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210401.15},
  abstract = {The rules of international law find their authority in the provisions of Article 38 (1°) of the Statutes of the International Court of Justice, in four sources, namely: treaties, international custom, general principles of law, and secondary sources (court decisions, tribunals and doctrine). However, beyond these sources of "hard law", which impose binding obligations, there are also "soft law" rules whose obligations are not binding. However, it should be noted that new customary rules appear quite quickly, as does the speed with which global environmental issues take hold of the political calendar, tending to highlight the evolution of legal norms and to relegate customary law to the background, after conventions or treaties. Although some fundamental principles, such as the equitable use of resources can be attributed to decisions based on customary law, treaties are undoubtedly the main basis used by the international community to regulate activities threatening the environment. In this perspective, the legal framework for waste management in Cameroon by international environmental law is palpable through the ratification of treaties, international agreements because Cameroon is a signatory of conventions, codes, protocols, and international agreements which reinforce the existing legal instruments at the national level and especially which lend credibility to the environmental protection policy in general, and the efficient and environmentally sound management of waste in particular, with international partners.},
 year = {2021}
}

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TY  - JOUR
T1  - The Legal Framework for Waste Management in Cameroon by International Environmental Law
AU  - Christian Daniel Beyeme
Y1  - 2021/03/17
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210401.15
DO  - 10.11648/j.ijls.20210401.15
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 39
EP  - 46
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210401.15
AB  - The rules of international law find their authority in the provisions of Article 38 (1°) of the Statutes of the International Court of Justice, in four sources, namely: treaties, international custom, general principles of law, and secondary sources (court decisions, tribunals and doctrine). However, beyond these sources of "hard law", which impose binding obligations, there are also "soft law" rules whose obligations are not binding. However, it should be noted that new customary rules appear quite quickly, as does the speed with which global environmental issues take hold of the political calendar, tending to highlight the evolution of legal norms and to relegate customary law to the background, after conventions or treaties. Although some fundamental principles, such as the equitable use of resources can be attributed to decisions based on customary law, treaties are undoubtedly the main basis used by the international community to regulate activities threatening the environment. In this perspective, the legal framework for waste management in Cameroon by international environmental law is palpable through the ratification of treaties, international agreements because Cameroon is a signatory of conventions, codes, protocols, and international agreements which reinforce the existing legal instruments at the national level and especially which lend credibility to the environmental protection policy in general, and the efficient and environmentally sound management of waste in particular, with international partners.
VL  - 4
IS  - 1
ER  -

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Author Information

Christian Daniel Beyeme

Department of Public Law, Faculty of Legal and Political Sciences, University of Douala, Douala, Cameroon

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APA Style

Christian Daniel Beyeme. (2021). The Legal Framework for Waste Management in Cameroon by International Environmental Law. International Journal of Law and Society, 4(1), 39-46. https://doi.org/10.11648/j.ijls.20210401.15

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ACS Style

Christian Daniel Beyeme. The Legal Framework for Waste Management in Cameroon by International Environmental Law. Int. J. Law Soc. 2021, 4(1), 39-46. doi: 10.11648/j.ijls.20210401.15

Copy | Download

AMA Style

Christian Daniel Beyeme. The Legal Framework for Waste Management in Cameroon by International Environmental Law. Int J Law Soc. 2021;4(1):39-46. doi: 10.11648/j.ijls.20210401.15

Copy | Download

@article{10.11648/j.ijls.20210401.15,
  author = {Christian Daniel Beyeme},
  title = {The Legal Framework for Waste Management in Cameroon by International Environmental Law},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {1},
  pages = {39-46},
  doi = {10.11648/j.ijls.20210401.15},
  url = {https://doi.org/10.11648/j.ijls.20210401.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210401.15},
  abstract = {The rules of international law find their authority in the provisions of Article 38 (1°) of the Statutes of the International Court of Justice, in four sources, namely: treaties, international custom, general principles of law, and secondary sources (court decisions, tribunals and doctrine). However, beyond these sources of "hard law", which impose binding obligations, there are also "soft law" rules whose obligations are not binding. However, it should be noted that new customary rules appear quite quickly, as does the speed with which global environmental issues take hold of the political calendar, tending to highlight the evolution of legal norms and to relegate customary law to the background, after conventions or treaties. Although some fundamental principles, such as the equitable use of resources can be attributed to decisions based on customary law, treaties are undoubtedly the main basis used by the international community to regulate activities threatening the environment. In this perspective, the legal framework for waste management in Cameroon by international environmental law is palpable through the ratification of treaties, international agreements because Cameroon is a signatory of conventions, codes, protocols, and international agreements which reinforce the existing legal instruments at the national level and especially which lend credibility to the environmental protection policy in general, and the efficient and environmentally sound management of waste in particular, with international partners.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - The Legal Framework for Waste Management in Cameroon by International Environmental Law
AU  - Christian Daniel Beyeme
Y1  - 2021/03/17
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210401.15
DO  - 10.11648/j.ijls.20210401.15
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 39
EP  - 46
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210401.15
AB  - The rules of international law find their authority in the provisions of Article 38 (1°) of the Statutes of the International Court of Justice, in four sources, namely: treaties, international custom, general principles of law, and secondary sources (court decisions, tribunals and doctrine). However, beyond these sources of "hard law", which impose binding obligations, there are also "soft law" rules whose obligations are not binding. However, it should be noted that new customary rules appear quite quickly, as does the speed with which global environmental issues take hold of the political calendar, tending to highlight the evolution of legal norms and to relegate customary law to the background, after conventions or treaties. Although some fundamental principles, such as the equitable use of resources can be attributed to decisions based on customary law, treaties are undoubtedly the main basis used by the international community to regulate activities threatening the environment. In this perspective, the legal framework for waste management in Cameroon by international environmental law is palpable through the ratification of treaties, international agreements because Cameroon is a signatory of conventions, codes, protocols, and international agreements which reinforce the existing legal instruments at the national level and especially which lend credibility to the environmental protection policy in general, and the efficient and environmentally sound management of waste in particular, with international partners.
VL  - 4
IS  - 1
ER  -

Copy | Download