EIA 621:Law, Policy and Institutional Arrangements for EIA Systems2 CU

Course Description

This course provides insight into the different types of EIA systems, the range of legal, policy and institutional arrangements that can be provided and the directions in which these are developing. It also examines the factors that need to be considered when establishing or modifying a national EIA system.

Learning Objectives

On successful completion of this course, student will be able to:

  • Explain purpose, scope and content of EIA policy and legislation
  • Document requirements of International Organisations and relevant International Environmental Agreements
  • Identify the legal, policy and institutional arrangements and directions which are important.
  • State factors which are important when establishing or modifying an EIA system.
  • Demonstrate understanding of the legal principles underpinning a functional EIA system
  • Show familiarity with duties placed on local authorities and developers
  • Explain challenges to compliance with environmental legislation and policy

Course Outline

  • Outline of the ways a country can develop a national system for EIA.
  • Overview of the legislative and institutional characteristics essential for the support of a national EIA system.
  • Factors that help to establish an effective national EIA system.
  • Steps involved in establishing and modifying a national EIA system.
  • Environmental management in Uganda and legal requirements, National laws.
  • The Environmental Statute 1995, EIA procedure in Uganda and the National Environmental Management Authority (NEMA) EIA guidelines 1997, sectoral guidelines, environmental standards.
  • The role of NEMA, lead agencies, NGOs, Donor agencies, project proponents and the public.
  • The level of public involvement in EIA and the relative advantages and disadvantages they offer.
  • Techniques for communicating with the public.
  • Consensus building and dispute resolution mechanisms.
  • International environmental issues and sustainable development plans.
  • International environmental laws and policies of relevance to EIA -Treaties, conventions etc.

Basic Reading List

  1. Greenwatch &UNEP, (2005). HandBook on Environmental Law in Uganda 2005Vol.1
  2. Kasimbazi Emmanuel (1998). The Environment as Human Right: Lessons from Uganda (Proceedings of the 10th Annual Conference of the African Society of International Comparative Law)
  3. Kasimbazi E. (2006). Monograph of Environmental Law in Uganda; Kluwer International
  4. Kasimbazi E, (2007). Development of Environmental Law and its Impact on Sustainable Use of Wetlands in Uganda, in Nathalie J. Chalifour (eds.) ‘Land Use Law for Sustainable Development’ Cambridge University Press
  5. Mumma Albert, (2004). Background to Environmental Law- Common Law Jurisdictions, Paper prepared for the Symposium for Environmental Law Lecturers from African Universities ,
  6. Ntambirweki John, (2004). Legal and Institutional Framework for the Management of Water Resources. Makerere Law Journal
  7. Ministry of Water and environment, Directorate of Water Development, Water Resources Management Department, (2006). The Year Book of Water Resources Management Department 2004-2006
  8. Obitre-Gama Judy (1998). An Overview of the Policy, Legal and Institutional Framework for Environmental Management in Uganda, Paper Presented to Environmental Management Training Workshop for NEMA Staff and District Environment Officers.
  9. Okoth-Ogendo, H.W.O and Tumushabe, G.W., (1991). (Eds). Governing the Environment: Political Change and Natural Resources Management in Eastern and Southern Africa. ACTS Press, Nairobi. 1999.
  10. Tumushabe G.W.Mwebaza, R. and Naluwayira, R. (2001). Sustainably Utilizing our Natural Heritage: Legal Implications of the Proposed Degazettment of Butamira Forest Reserve. ACOE Policy Research Series, No. 4,
  11. Tumushabe, G.W. (2002). “Country Experiences in the Implementation of the Rio Forest Principles: A Case Study of the East African Community States” in Golden Gate Law Review, Volume 32
  12. Wagoona Vincent, Criminal Aspects of Environmental Law and Technicalities of Environmental Crimes.

Method of Course Delivery

  • Lectures
  • Class discussions and presentations by the students on selected topics

Course Evaluation

Coursework constitutes 30% of the total marks and will be based on; a mid-term test, class exercises; and presentation by students on selected topics. The final examination given at the end of the course constitutes 70% of the final evaluation.