Refine
Document Type
- Doctoral thesis (2)
Has Fulltext
- yes (2)
Is part of the Bibliography
- no (2)
Language
- English (2)
Keywords
- Recht (2) (remove)
Nanotechnologies allow for the production of completely new materials in a wide range of industries and technical fields and are also recognised as one of the most important technological sectors for the future. The growing nanotechnological industry is rapidly generating new forms of materials; however, little is known about the behaviour of these substances, in particular their particle form and their impact on different ecological systems and the life within them. Concerns have been raised about the safety and regulation of nanomaterials, following a number of studies that indicated that some nanomaterials are able to cause adverse effects on living objects. This data, as well as increasing production volumes and commercialisation, the capability of crossing biological barriers and the increased physico-chemical activities of nanoparticles, when compared to their bulk counterparts, have triggered concern (Baró et al., 2001; Kear et al., 2012) about their impacts on health and safety.
In Germany, nanoparticles, nanotechnological products, their production processes and their disposal are generally subject to the prevailing law of the German legal system, especially with respect to the authorization of equipment, permissions regarding chemicals and other product groups, and the protection of employees and the environment. With regard to nanotechnologies, however, the question arises as to whether the present legal regulations are adequate, and/or whether regulative gaps occur because of specific new products, materials or process characteristics. Accordingly, based on the analysis of the relevant state-of-the-art technology and science, and an evaluation of existing, as well as projectable, future national legislation on this matter, this work aims to identify regulative gaps in the relevant standardisation procedures and to point out possible adjustments.
Although nanomaterials are covered by the general scope of many of the existing legislative frameworks, it is often unclear if current regulation is actually applicable for specific questions of nanomaterials and their diverse applications. In particular, there is a lack of sufficient knowledge of the risks, which could lead to imbalanced legal protection against any threats that may arise. However, it is recognised that adjustments are needed, and legal amendments have been repeatedly proposed by expert committees, policymakers, industry members and non-governmental organisations (European Parliament, 2009). Nonetheless, very few revisions have been made to date, so the existing regulations are not considered adequate to deal with all kinds of nanomaterials in both the short and long term. Current legislation needs to be adapted immediately to reflect the challenges posed by current nanomaterials and their applications.
Modern law and local tradition in forest heritage conservation in Cameroon : the case of Korup
(2012)
Cameroon’s forests are exceptionally rich in biodiversity but are among the most threatened forests in the Congo Basin. To safeguard the country’s forest heritage, the government resorted to the creation of protected areas such as the Korup National Park (KNP) but ignored the local traditional system of natural resource management and relied merely on modern law for its protection. But the protection of the park only through modern law has not yielded satisfactory results since it still faces numerous problems which exacerbate biodiversity loss. With many problems facing the park, there is growing concern with regards to government strategy to maintain its values and integrity merely through modern law. This dissertation aims at assessing the potentials of modern law and local traditional system of natural resource management as instruments for effective protection of the KNP in particular and other Cameroonian national parks in general. It further aims at exploring ways of adapting national law and policy to suit local reality. To realise the objectives of this study, legal science analytical method, instruments of both quantitative approach (questionnaire) and qualitative approach (semi-structured interviews) were used. An in-depth assessment of the degree of effectiveness of modern law application in Korup reveals that it is to a lesser extent effective and this impedes Cameroon’s adequate compliance with its biodiversity conservation obligations under international environmental agreements. The study finds that the park’s protection unit plays a commendable role in fighting against illegal activities but inadequate financial resources and logistics render the institution weak. Other institutions play a laudable role in enforcing the law but major weaknesses identified include bail abuses, leniency in punishing offenders and corruption. It was discovered that the Korup inhabitants are against resettlement and often reluctantly cooperate in enforcing modern law. The research reveals that cultural beliefs and traditional practices associated with totems, taboos and sacred forests exist in the Korup villages and contributed in protecting Korup forest heritage. It shows that the putting into practice of some aspects of the traditional cultural practices was often without conservation intention but paradoxically, this contributed to forest biodiversity conservation. The study finds that each village has customary laws and local bylaws which are binding on its inhabitants and contribute to rational use of forest resources. The chieftaincy, village council and the Ekpe society are revealed as traditional institutions that govern the Korup people and manage forest resources through the traditional system ignored by the state. The research shows that statutory law recognises only the chieftaincy institution but reduces traditional rulers to mere auxiliaries of the government thereby weakening traditional institutions that ought to contribute in protecting Korup forest heritage. It recommends that in addition to fighting corruption and building the capacity of law enforcement institutions, the government should adequately integrate traditional rulers and institutions into the modern governance structure. It should legally recognise the role of traditional authorities in safeguarding Korup forest heritage through the traditional system. The study concludes that a management and conservation strategy that involves the people of Korup through their traditional institutions and system of natural resource management, will lead to effective protection and sustainability of the KNP and thus, contribute in enhancing Cameroon’s compliance with biodiversity-related international environmental agreements.