Voluntary Winding Up of Company
CHAPTER ONE
1. INTRODUCTION In this chapter a researcher presents the background of the study, statement of the problem, objectives of the study, research questions, scope of the study, and importance of the study, research methodology and related literature review.
1. BACKGROUND TO THE STUDY Due to linkage between environmental rights and human rights the beginning of 1990’s witnessed the entrenchment of environment rights in constitutions of states in Africa. For instance the constitutions of Mozambique, Uganda, Malawi, South Africa and Lesotho have provisions that specifically provide for people’s rights to clean, safe and health environment[1].
Furthermore a number of countries in Africa have developed framework legislations on environmental protection. Tanzania has made efforts to join this group with promulgation of the Environmental Management Act[2]
Following its adoption and ratification of some international agreements that have a bearing on the environment for the purpose of legal protection[3] Yet it is still very difficult for individuals to enforce their environmental rights as the issue of locus standi has become a major stumbling block for the realization of their rights.
2. STATEMENT OF THE PROBLEM Although Tanzania has played a big role in enacting the environmental management Act[4] and also the constitution[5] providing for the right to life but still there is a big problem when it comes to the enforcement of these rights by individual persons.
3. OBJECTIVES OF THE STUDY. i. To determine the extent the people are aware of their environmental rights and hence enforce them.
ii. To explore the problem of locus standi in Environmental Litigation in Tanzania.
iii. To explore the extent to which the Environmental Laws are effective in Tanzania.
4. RESEARCH QUESTIONS i. What are the difficulties in implementing the environmental rights in Tanzania?
1. INTRODUCTION In this chapter a researcher presents the background of the study, statement of the problem, objectives of the study, research questions, scope of the study, and importance of the study, research methodology and related literature review.
1. BACKGROUND TO THE STUDY Due to linkage between environmental rights and human rights the beginning of 1990’s witnessed the entrenchment of environment rights in constitutions of states in Africa. For instance the constitutions of Mozambique, Uganda, Malawi, South Africa and Lesotho have provisions that specifically provide for people’s rights to clean, safe and health environment[1].
Furthermore a number of countries in Africa have developed framework legislations on environmental protection. Tanzania has made efforts to join this group with promulgation of the Environmental Management Act[2]
Following its adoption and ratification of some international agreements that have a bearing on the environment for the purpose of legal protection[3] Yet it is still very difficult for individuals to enforce their environmental rights as the issue of locus standi has become a major stumbling block for the realization of their rights.
2. STATEMENT OF THE PROBLEM Although Tanzania has played a big role in enacting the environmental management Act[4] and also the constitution[5] providing for the right to life but still there is a big problem when it comes to the enforcement of these rights by individual persons.
3. OBJECTIVES OF THE STUDY. i. To determine the extent the people are aware of their environmental rights and hence enforce them.
ii. To explore the problem of locus standi in Environmental Litigation in Tanzania.
iii. To explore the extent to which the Environmental Laws are effective in Tanzania.
4. RESEARCH QUESTIONS i. What are the difficulties in implementing the environmental rights in Tanzania?
Bibliography: CARSON, Emmanuel (1998), Environment and Ecology, 3rd Ed: Texas University: Arlington. EMMANUEL Salvatory (2007), Animal and welfare: Cambridge University Press. MAINA, Peter C. (1997), Human rights in Tanzania selected cases and materials, Kölin: Köppe. MULLER, Sylvester (1975), Commentary on environmental problems and policies: Cambridge University Press. SHANTHAKUMAR (2005), Introduction to environmental law, 2nd Ed: Haritha Graphics SHAW, Malcom M [8] Introduction to environmental law [9] Commentary on Environmental problems and policies , 1975 P [12] Environment and Ecology, 1998 P. 334 [13] [1982] SC P.185 [14] Supra [15] Article 14 of the constitution of the URT , 1977.