COMMON CAUSES OF ENVIRONMENTAL LAWS FAILURE

Due to respond to ecological degradation as an issue of great global concern, environmental law has been the primary mechanism used to protect natural resources, control pollutions, and other environmental damaging factors. Every new environmental treaty is preceded by a multitude of conferences, back-door negotiations, position papers drafted by government officials and local and international organizations. Unfortunately, environmental laws are only hortatory words unless they are implemented effectively. Failure to implement,  enforce, and comply is very common that environmental laws are now viewed as the norm rather than exception in many of countries.

There are three most common reasons why environmental laws fail in developing countries:

INADEQUATE POLITICAL COMMITMENTS AND POPULAR SUPPORT

The overwhelming priority of governments and entrepreneurs in virtually every poor countries is to focus on economic growth and development opportunities. And the great majority of "common" citizens are so caught up in day-to-day subsistence activities that their priorities are also overwhelmingly economic. Given these priorities, it is very rare to find any development project stopped or hindered due to conflicts with international and national environmental laws. Most people in developing countries are unaware of applicable conservation laws relevant to the activities or projects they are practicing, they therefore continue to damage the nature of environment and even if they know they will choose not to abide by these laws. Most governments in developing nations lack systemic plan for environmental compliance. 

INADEQUATE ADMINISTRATIVE CAPACITIES

Most governments should realize that environmental protection is a complicated and costly undertaking that must be maintained, revised, and renewed continuously. Most developing countries lack the requisite scientific knowledge, managerial expertise, trained personnel, financial resources, institutional frameworks, political commitments, and popular support necessary to implement effective environmental protection programs on a wide range.  Despite any efforts and capacity building programs that are initiated by the governments of developed countries, United Nation agencies and multilateral organizations, developing countries rarely acquire technical, managerial, and financial supports to implement conservation measures on a broad basis. In absence of these capacities, it is impossible to succeed in ecological conservation.

INADEQUATELY DESIGNED LEGAL MANDATES: 

Most international environmental laws  in developing countries have been poorly conceived--they are overly general, deliberately ambiguous, often self- contradictory and excessively lenient. Even thoughtful environmental laws responsive to the specific ecological and social conditions in a particular country can seldom serve as the foundation for successful conservation.

EcoVitality

Phathutshedzo Osborne Magada, Forum for Environmental, Biological and Earth Scientists (FEBES)