Book contents
- Frontmatter
- Contents
- List of Contributors
- Message from Kofi A. Annan, Secretary-General, United Nations
- Foreword by Charles Odidi Okidi and Nicholas Adams Robinson
- Acknowledgments
- Introduction
- Challenges of Environmental Law – Environmental Issues and Their Implications to Jurisprudence
- ONE INTERNATIONAL ISSUES AND LEGAL RESPONSES TO SUSTAINABLE LAND MANAGEMENT
- TWO NATIONAL APPROACHES TO LAND USE PLANNING FOR SUSTAINABLE DEVELOPMENT
- 6 Community Rights to Genetic Resources and Their Knowledge: African and Ethiopian Perspectives
- 7 Easements and Wildlife Conservation in Kenya
- 8 Land Tenure, Land Use, and Sustainability in Kenya: Toward Innovative Use of Property Rights in Wildlife Management
- 9 The Development of Environmental Law and Its Impact on Sustainable Use of Wetlands in Uganda
- 10 EIA and the Four Ps: Some Observations from South Africa
- 11 From Bureaucracy-Controlled to Stakeholder-Driven Urban Planning and Management: Experiences and Challenges of Environmental Planning and Management in Tanzania
- 12 Strategies for Integrated Environmental Governance in South Africa: Toward a More Sustainable Environmental Governance and Land Use Regime
- 13 Environmental Law and Sustainable Land Use in Nigeria
- 14 The Role of Administrative Dispute Resolution Institutions and Processes in Sustainable Land Use Management: The Case of the National Environment Tribunal and the Public Complaints Committee of Kenya
- 15 Managing the Environmental Impact of Refugees in Kenya: The Role of National Accountability and Environmental Law
- 16 Environmental Impact Assessment Law and Land Use: A Comparative Analysis of Recent Trends in the Nigerian and U.S. Oil and Gas Industry
- 17 Managing Land Use and Environmental Conflicts in Cameroon
- 18 Environmental Law Reform to Control Land Degradation in the People's Republic of China: A View of the Legal Framework of the PRC–GEF Partnership Program
- 19 Urbanization and Environmental Challenges in Pakistan
- 20 ASEAN Heritage Parks and Transboundary Biodiversity Conservation
- 21 Land Use Planning, Environmental Management, and the Garden City as an Urban Development Approach in Singapore
- 22 The Law and Preparation of Environmental Management Plans for Sustainable Development in Thailand
- 23 Nepal's Legal Initiatives on Land Use for Sustainable Development
- 24 Environmental Law and Irrigated Land in Australia
- 25 Environmental Impact Assessment: Addressing the Major Weaknesses
- 26 Protection of Natural Spaces in Brazilian Environmental Law
- 27 Land Use Planning in Mexico: As Framed by Social Development and Environmental Policies
- 28 Argentina's Constitution and General Environment Law as the Framework for Comprehensive Land Use Regulation
- 29 Ecological Economics, Sustainable Land Use, and Policy Choices
- 30 The 2004 U.S. Ocean Report and Its Implications for Land Use Reform to Improve Ocean Water Quality
- 31 Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control
- Index
28 - Argentina's Constitution and General Environment Law as the Framework for Comprehensive Land Use Regulation
Published online by Cambridge University Press: 17 August 2009
- Frontmatter
- Contents
- List of Contributors
- Message from Kofi A. Annan, Secretary-General, United Nations
- Foreword by Charles Odidi Okidi and Nicholas Adams Robinson
- Acknowledgments
- Introduction
- Challenges of Environmental Law – Environmental Issues and Their Implications to Jurisprudence
- ONE INTERNATIONAL ISSUES AND LEGAL RESPONSES TO SUSTAINABLE LAND MANAGEMENT
- TWO NATIONAL APPROACHES TO LAND USE PLANNING FOR SUSTAINABLE DEVELOPMENT
- 6 Community Rights to Genetic Resources and Their Knowledge: African and Ethiopian Perspectives
- 7 Easements and Wildlife Conservation in Kenya
- 8 Land Tenure, Land Use, and Sustainability in Kenya: Toward Innovative Use of Property Rights in Wildlife Management
- 9 The Development of Environmental Law and Its Impact on Sustainable Use of Wetlands in Uganda
- 10 EIA and the Four Ps: Some Observations from South Africa
- 11 From Bureaucracy-Controlled to Stakeholder-Driven Urban Planning and Management: Experiences and Challenges of Environmental Planning and Management in Tanzania
- 12 Strategies for Integrated Environmental Governance in South Africa: Toward a More Sustainable Environmental Governance and Land Use Regime
- 13 Environmental Law and Sustainable Land Use in Nigeria
- 14 The Role of Administrative Dispute Resolution Institutions and Processes in Sustainable Land Use Management: The Case of the National Environment Tribunal and the Public Complaints Committee of Kenya
- 15 Managing the Environmental Impact of Refugees in Kenya: The Role of National Accountability and Environmental Law
- 16 Environmental Impact Assessment Law and Land Use: A Comparative Analysis of Recent Trends in the Nigerian and U.S. Oil and Gas Industry
- 17 Managing Land Use and Environmental Conflicts in Cameroon
- 18 Environmental Law Reform to Control Land Degradation in the People's Republic of China: A View of the Legal Framework of the PRC–GEF Partnership Program
- 19 Urbanization and Environmental Challenges in Pakistan
- 20 ASEAN Heritage Parks and Transboundary Biodiversity Conservation
- 21 Land Use Planning, Environmental Management, and the Garden City as an Urban Development Approach in Singapore
- 22 The Law and Preparation of Environmental Management Plans for Sustainable Development in Thailand
- 23 Nepal's Legal Initiatives on Land Use for Sustainable Development
- 24 Environmental Law and Irrigated Land in Australia
- 25 Environmental Impact Assessment: Addressing the Major Weaknesses
- 26 Protection of Natural Spaces in Brazilian Environmental Law
- 27 Land Use Planning in Mexico: As Framed by Social Development and Environmental Policies
- 28 Argentina's Constitution and General Environment Law as the Framework for Comprehensive Land Use Regulation
- 29 Ecological Economics, Sustainable Land Use, and Policy Choices
- 30 The 2004 U.S. Ocean Report and Its Implications for Land Use Reform to Improve Ocean Water Quality
- 31 Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control
- Index
Summary
IMPORTANCE OF LAND USE LAW AS AN INSTRUMENT FOR ENVIRONMENTAL POLICY AND SUSTAINABLE DEVELOPMENT
Land use legislation or planning law is a key component of any serious attempt to integrate environmental objectives into a comprehensive public policy aimed at achieving sustainable development. In most cases in which countries have been successful in implementing environmental policies, the effective use of planning tools and land use legislation appears as a common feature, in conjunction with a mix of traditional “command and control” pollution control legislation and incentives aimed at promoting and rewarding sustainable economic decisions.
In many developing countries, however, land use legislation is not fully integrated into the context of public policies aimed at promoting environmental quality and sustainable development. In some cases, this is due to the scant attention that has been paid at a conceptual level to the importance of land use regulation as a key instrument for implementing environmental policies. In other cases, where land use and planning laws do exist in theory, poor or nonexistent enforcement makes them a weak tool for the achievement of sustainable development goals.
However, the awareness of the importance of land use regulation as an instrument for environmental policy is growing throughout Latin America in general and Argentina in particular. This is evidenced by a growing body of academic papers, public policy documents, and studies carried out by multilateral aid agencies, and by the increasing amount and quality of legislation relating to land use and planning procedures involving public participation and long-term development strategies.
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- Land Use Law for Sustainable Development , pp. 503 - 525Publisher: Cambridge University PressPrint publication year: 2006