Introduction

In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. However, almost invariably the same functions, whether or not formally defined and characterized in the same terms or exercised in the same manner, are also performed by traditional institutions and their leaders. Chiefs administer land and people, contribute to the creation of rules that regulate the lives of those under their jurisdiction, and are called on to solve disputes among their subjects. The relationship between traditional leadership and inherited western-style governance institutions often generates tensions. In Ghana, for example, local governance is an area where traditional leadership and the constitutional government sometimes “lock horns.” Traditional leaders often feel left out when the government takes decisions affecting their people and land without their consent or involvement. Chieftaincy is further plagued with its own internal problems, including issues of relevance, succession, patriarchy, jurisdiction, corruption and intra-tribal conflict. Challenges confronting the institution of chieftaincy have continued from the colonial era into recent times. The role of chieftaincy within post-colonial African countries continues to incite lively debates, as the case of Ghana exemplifies.

Pluralism is part of the fabric of legal systems in most, if not all, African countries. The traditional institutions and customary law that regulated ancient civilizations and societies on the African continent have changed over the years to keep pace with historical events and the evolution that the continent has witnessed. Once the sole source of law, customary rules have had to adapt to significant change brought by colonial rule and then decolonization. In addition to customary law, most sub-Saharan African countries are now bound by domestic constitutional law, statutory law, and common law, as well as international and regional human rights treaties.

Editorial note

The aim of Directive 92/43/EEC is to contribute towards ensuring biodiversity through the conservation of natural habitats and of wild fauna and flora (Article 2(1)). Measures taken pursuant to the Directive should maintain or restore natural habitats and species of wild flora and fauna (Article 2(2)), whilst taking account of economic, social and cultural requirements along with regional and local characteristics (Article 2(3)). The definitions relevant for the purpose of the Directive are set out in Article 1.

The Directive establishes a European ecological network of special areas of conservation entitled Natura 2000, comprising sites hosting the natural habitat types listed in Annex I and habitat types of the species listed in Annex II (Article 3(1)). Each Member State must contribute to the creation of Natura 2000 by designating sites as special areas of conservation (Article 3(2)). Based on the criteria set out in Annex III (Stage 1), each Member State must propose a list of sites indicating which natural habitat types in Annex I and which species in Annex II are native to its territory (Article 4(1)). On the basis of the criteria set out in Annex III (Stage 2), the Commission is to establish a draft list of sites of Community importance within six years of the notification of the Directive (Article 4(2) and (3)). Following the adoption of a site of Community importance, the Member State concerned must designate that site as a special area of conservation (Article 4(4)).

Source: OJ L 338 13.11.2004 p. 18

Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol's project mechanisms

The European Parliament and the Council of the European Union,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee,

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

Whereas:

1. Directive 2003/87/EC establishes a scheme for greenhouse gas emission allowance trading within the Community (the Community scheme) in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner, recognising that, in the longer-term, global emissions of greenhouse gases will need to be reduced by approximately 70% compared to 1990 levels. It aims at contributing towards fulfilling the commitments of the Community and its Member States to reduce anthropogenic greenhouse gas emissions under the Kyoto Protocol which was approved by Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder.

Part one

Principles

Article 1

By this Treaty, the High Contracting Parties establish among themselves a European Economic Community.

Article 2

The Community shall have as its task, by establishing a common market and progressively approximating the economic policies of Member States, to promote throughout the Community a harmonious development of economic activities, a continuous and balanced expansion, an increase in stability, an accelerated raising of the standard of living and closer relations between the States belonging to it.

Article 3

For the purposes set out in Article 2, the activities of the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein:

1. (a) the elimination, as between Member States, of custom duties and of quantitative restrictions to the import and export of goods, and of all other measures having equivalent effect;

2. (b) the establishment of a common custom tariff and of a common commercial policy towards third countries;

3. (c) the abolition, as between Member States, of obstacles to freedom of movement for persons, services and capital;

4. (d) the adoption of a common policy in the sphere of agriculture;

5. (e) the adoption of a common policy in the sphere of transport;

6. (f) the institution of a system ensuring that competition in the common market is not distorted;

7. (g) the application of procedures by which the economic policies of Member States can be co-ordinated and disequilibria in their balances of payments remedied;

8. […]

Editorial note

Directive 1999/31 of 26 April 1999 on the landfill of waste aims to provide for measures, procedures and guidance to prevent or reduce as far as possible negative effects of the landfill of waste on the environment, in particular on surface water, groundwater, soil, air and human health and on the global environment by way of stringent operational and technical requirements on the waste and landfills (Article 1). The Directive defines, inter alia, the different categories of waste (waste, municipal waste, hazardous waste, non-hazardous waste and inert waste) and applies to all landfills, defined as waste disposal sites for the deposit of waste onto or into land (i.e. underground) (Article 2). The Directive applies to any landfill as defined in Article 2(g) and some exceptions to the scope of its applications are provided (Article 3). Each landfill is classified in one of three classes: landfills for hazardous waste; landfills for non-hazardous waste; landfills for inert waste (Article 4). Member States are required to set up a national strategy for the implementation of the reduction of biodegradable waste going into landfills. This strategy should include measures to achieve the specific reduction of the total amount of biodegradable waste going into landfills within specified time frames (Article 5). The Directive specifies types of waste that are not acceptable in landfills (Article 5(3)). Member States are to ensure that only waste that has been subject to treatment is landfilled (with the exception of inert waste for which treatment is not feasible) (Article 6(a)).