Charles Okonji Ifesinachi / Isaac Afunaduula / Moses Mundeke
When Development Harms the Environment explores one of the most difficult questions in modern environmental law: how far can a State pursue economic development when that development threatens environmental rights and interests? Using Uganda and the European Court of Human Rights as comparative case studies, this book examines how courts confront conflicts between environmental protection, economic development and public authority. It analyses constitutional environmental rights, environmental impact assessment, judicial review, proportionality, positive obligations and the principle of fair balance. The book argues that environmental protection should not be treated as an obstacle to development or merely as another interest to be weighed against economic growth. Instead, environmental obligations should operate as legal limits on the exercise of development powers. Economic importance alone cannot justify environmental harm where authorities fail to assess risks, consider alternatives, adopt safeguards or provide reasons capable of judicial scrutiny. At the same time, courts should not replace environmental regulators or development planners. The central question is therefore not whether courts should choose environment or development, but how the law can ensure that development decisions are made lawfully, rationally and with proper regard for environmental consequences. Bringing together environmental law, human rights, constitutional law and comparative jurisprudence, this book examines the evolving role of courts in securing a sustainable relationship between economic progress and environmental protection Essential reading for scholars, lawyers, judges, policymakers, environmental organisations and students of environmental law, constitutional law, human rights and comparative jurisprudence.
