The Right to the Environment and Environmental Litigation in the DRC

Environmental law has started to take shape since the World Conference on the Environment. For its effective practice, it requires the elaboration of rules aimed at the understanding, production, conservation and management of the environment, etc. It is a technical and complex law, local and global in full expansion, whose fields tend to diversify as social, scientific and technical advances are made, etc. In a growing number of countries, it is materialized in an environmental code, but without specialized jurisdictions or environmental judges. In the Democratic Republic of Congo, the recognition and effective practice of this right poses problems from all points of view, particularly in terms of the non-existence of environmental jurisdictions and judges specialized in the environment, the difficulties in bringing environmental disputes before the traditional jurisdictions, the difficulty in determining civil and criminal liability in environmental matters, the lack of capacity building in the environmental field, etc.

Autorentext

NKATE TSHIESESE Sylvain holds a Bachelor's degree in Geography; a Bachelor's degree in Law; a Bachelor's degree in Environment; a Master's degree in Human Rights and Environmental Management; a Master's degree in Environment; a Master's degree in Human Rights and Public Health. He is a doctoral student in environment in DRC. He is also a teacher and lawyer.