Strathmore Law Journal
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Role of Informal Laws in Tackling the Plastic Crisis
Get PDFPlastic pollution is a global catastrophe, simultaneously contaminating ecosystems through chemical leaching and physically through structural disruptions. To reverse this crisis in a coordinated and cooperative manner, the United Nations Environment Assembly (UNEA) adopted a resolution in 2022 to negotiate and develop a legally binding treaty addressing the plastic pollution, including in the marine environment. While the envisaged treaty and state laws that will implement the treaty once adopted (collectively formal laws) will be pivotal in tackling plastic pollution, this paper argues that these formal laws will inevitably operate alongside an often overlooked yet influential body of informal norms and practices comprising among others, customs, ethics, beliefs and religious practices. Thus, while formal laws’ authority, clarity, and enforceability is critical to addressing the crisis, embracing and utilizing these informal norms provides an important opportunity to ending the plastic crisis as their interplay with formal frameworks will shape societal responses and significantly influence the implementation and effectiveness of plastic related laws. Further, given the pervasiveness and ubiquity of plastics in our modern life, the associated effects of plastic pollution on daily human lives and the radical behavioral change required to end the crisis, informal norms (unofficial laws) may provide more powerful and effective incentives or frameworks to deal with plastic pollution than official law
Towards Environmental Restoration and Sustainability: Embracing the African Ubuntu Philosophy
Get PDFCultural beliefs and philosophies are foundational and fundamental in shaping a society and its natural environment. Lately, there have been various discussions about the values of the African Ubuntu philosophy in many aspects as it relates to issues of environmental degradation and restoration, human relationships, business ethics and corporate governance. As a governing philosophy, Ubuntu is inclusive in nature as it considers all members of society as one entity aiming at achieving one purpose. Within the same context, this paper discusses the importance of cultural beliefs and philosophies in shaping society and the natural environment, with a focus on the African Ubuntu philosophy. The paper aims to explore how Ubuntu\u27s principles can offer insights for mitigating environmental degradation, achieving ecological balance, and ensuring a sustainable future. It highlights that while legal frameworks like the Plastics Treaty are essential, cultural norms and beliefs rooted in African heritage can play a crucial role in environmental restoration. The paper argues that in addition to formal legal instruments, non-formal norms, customs, ethics, and beliefs that are deeply rooted in African cultures can play a crucial role in environmental restoration and sustainability. It explores how the Ubuntu philosophy, which emphasizes interconnectedness among people, nature, and the cosmos, can inform efforts to mitigate environmental degradation and promote ecological balance. The paper aims to inspire a global dialogue on how Ubuntu philosophy can transcend geographical and cultural boundaries to address the plastic pollution crisis and foster a sustainable future for our generations to come
Administration of Justice in Nigeria : Ideological Constraints and Allied Challenges
Get PDFIt is trite that the administration of the justice system in Nigeria is confronted by diverse challenges. Among the relatively better-known challenges are delays in the dispensation of justice by the courts, corrupt practices among judicial and law enforcement officers, disrespect of court judgments by the government, its agencies and other subjects, as well as the high cost of litigation. Perhaps one factor that may not be as apparent as other challenges is the jurisprudential ideology of positivism—inherited through the transportation of the British legal system into the country via the colonial relationship with Britain. The underpinning ideology influences and informs the judgments from the courts, which tend to translate to the dispensation of ‘technical’ or legalistic justice in linewith strict constructionist formats. To people traditionally attuned to a concept of justice rooted in the moral perception of fairness or good conscience, the technical nature of the justice emanating from the courts tends to raise questions and concerns as to the justness or equitability of such. Generally, these challenges and the nature of the Nigerian justice system erode the trust and confidence of the populace in the justice system, particularly the poor and less influential class’. Hence, this raises the question of whether Nigerian courts are the last hope of the common man. Against this background, this paper engages the discourse on the ideology, challenges and allied issues relating to the administration of justice in Nigeria
Informal Institutions, Informal Mechanisms, and their Utility in the Promotion of Environmental Protection in Africa
Get PDFIn the twenty-first century, there have been numerous attempts by the state in different African countries to preserve the environment, including the enactment of environmental laws, policies and regulations that are in force to date. These laws, policies and regulations have been instrumental in preserving the natural environment for current and future generations, in the prevention of further environmental degradation and in maintaining a sustainable relationship between mankind and the natural environment. However, beyond the reach of the state and its interventions, lies the existence of informal institutions such as indigenous communities and religion which play a powerful role in maintaining the natural environment. This article will explore these informal institutions and extract important aspects of their operation that are useful in conservation of the environment. The methodology applied is desktop research relying on journal articles, books, working papers and reports. The article is structured to assess informal institutions and their importance in environmental conservation, aspects of informal institutions such as self-coordination, collective action, collective identity and graduated sanctions, the role of religion as well as the accommodation of religion and informal institutions in international law. The paper uses the Plastics Treaty 2024 to demonstrate how appreciation and integration of religious and customary norms would eventually contribute to better outcomes in the governance of plastic waste
Social Norms and Pro-environmental Behaviour in Sub-Saharan African
Get PDFSocial norms are strongly associated with pro-environmental behaviour, and social norm-based intervention is a popular strategy for promoting environmentally friendly behaviour. Recent body of knowledge has distinguished two types of social norms: injunctive norms (what most people should do or ought to do) and descriptive norms (what most group members do). However, Africa researchers in sub-Saharan Africa have scarcely investigated the dynamic relations of injunctive norms and descriptive norms with pro-environmental behaviour. We examined the contributions of descriptive norms and injunctive norms to pro-environmental behaviour in the sub-Saharan African context. Data was obtained from 581 students at a public university in Nigeria. They provided socio-demographic information and completed measures of social norms regarding negative emotional responses to climate change and sustainable consumption behaviours. Results showed descriptive norms were not a significant predictor of pro-environmental behaviour, but injunctive norm increase in injunctive norms was associated with reductions in pro-environmental behaviour. We also found a suppression effect (change of the original relationship), such that by itself, descriptive norms did not substantially predict pro-environmental behaviour but the inclusion of injunctive norms in the analytic model increased its positive association with pro-environmental behaviour. Similar suppressor effects were also found for the inverse association between injunctive norms and pro-environmental behaviour. This idea of mutual suppression suggests that social policies that promote pro-environmental behaviour due to shifts in descriptive norms will foster development in injunctive norms. Acknowledging this mutuality is informative for normative theory and can facilitate the efficient application of social norms as a tool for environmental behaviour policy
Spinning the Yarn: Exploring the Potential of Narratives Framed by Children and the Youth in Shaping Ethics, Beliefs and Value Systems for Plastics Governance in Africa
Get PDFIt is now widely acknowledged that formal law is limited. This is particularly in contexts where: 1) the law permits the coexistence of different legal orders, and 2) there exist juridical norms that have a greater appeal compared to the formal norms. This limitation of formal law has especially been evidenced in the modern and democratised era of international environmental law and policy. For this reason, interest has been sparked regarding other informal norms, such as ethics and belief and value systems, that can be leveraged in environmental governance. Furthermore, the limitation has raised questions about the actors that will participate in the formulation of these informal norms. Based on the foregoing, this study seeks to investigate the role children, and the youth can play in shaping ethics, beliefs and customs for plastic governance in Africa. Employing the Narrative Policy Framework, the study makes the argument that children and the youth in Africa have the capacity to frame persuasive narratives which could mould ethics, beliefs and customs to the advantage of plastic governance in Africa
Global Health Governance’s Colour Line : How Finance Has Shaped Global Health Disparities in African Countries
Get PDFThe global health financing structure carries imprints of colonial-era power dynamics, perpetuating health inequities between the Global North and South. Tracing the historical origins of these inequities, this paper analyses how colonial policies and philosophies shaped early health systems to serve the interests of the European colonisers over indigenous populations in Africa. Consequently, this paper demonstrates how institutionalised racial biases from the colonial period echo in contemporary global health governance. The analysis shows the connections between historic prejudices, economic exploitation, and persisting disparities in the Global South. The author highlights how present-day inequities stem from systemic imbalances in global health financing and governance rooted in colonial mentalities. Furthermore, the author scrutinises how these colonial legacies have influenced global financial institutions and manifested in unequal resource allocation, priorities, and access—widening the global disease burden gap. The author also discusses the emergence of digital health apps and how their financing and data stewardship can risk perpetuating new forms of exploitation reminiscent of colonial extractivism. Therefore, the author argues that rectifying these structural flaws by realigning financing and governance is essential for equitable global health