Environmental Law In Madagascar: Comparison Between China And Madagascar

The issue of environmental protection and rights has been in the center of global debates for decades.Many laws,both local and international have been promulgated by world leaders and governments in an attempt to deal with the canker of environmental depletion.Unfortunately,those laws and principles have not done much in the fight against this global phenomenon.The adjusting target's independence and characteristic of Environment protecting are not only the foundation of environmental law exists but also the main aspect distinguished,and has reflected the essential characteristics and rules of the environmental law even more.Generally speaking,it has much a characteristic part in the theoretical foundation of the environmental law.The environmental law's science theory in adjusting the relation between people and natural is dedicated to environmental long-term and overall development,which playing a guiding role of law,combining environmental morals and environmental legal construction together in order to real the environment governed by law.The rapid expansion of the biosciences has led many to turn to nature in search of genetic resources of commercial value.Bioprospecting,or the search for plants and animals from which commercially valuable compounds can be obtained,is often a transnational activity.Four-fifths of the world's biodiversity is found in developing countries,and those searching to exploit the biodiversity of these nations overwhelmingly tend to come from developed,wealthy countries.Like China,Madagascar has shown much commitment to the protection and improvement of its environment,placing emphasis on preventing pollution and other public dangers,safeguarding public health,advancing ecological progress and promoting sustainable economic and social development.Both countries have promulgated laws that are meant to govern and ensure the safety of the environment.Such laws equally apply to the marine areas under the jurisdiction of each state.The agents for the perpetuation of environmental laws do not constitute of only government agencies but also the local communities.However,in spite these efforts geared at protecting and safeguarding the environment,Malagasy environment,continues to show high degrees of deterioration consistently every year.NGOs as well as donors invest in environmental protection but that does not stop this destruction.Therefore,it is necessary to focus on the protection and rights of the Malagasy environment reinforcing awareness creation aimed at educating the people to better understand the need to protect and preserve the environment.This is important because Madagascar is not immune to environmental problems that affect the living conditions of the population.A 2008 study on the cost of environmental degradation in Madagascar shows that the two environmental damages resulting in the largest loss to the GDP are degradation of agricultural soil and air pollution inside homes.This is an indication that Madagascar faces a variety of environmental issues.It is obvious to the elite community that education rights of the Malagasy environment are not so well maintained,and very few people know and can help safeguard the environment.This study therefore focuses on asserting the environmental laws of the Malagasy state as well as that of China.Although,different International and National agencies focus on the education of environmental protection in Madagascar,that is not enough;hence the development of this research to assert environment law in order to better protect this unique environment from further depletion.The research approached this by first,focusing on environmental laws in general;second,assessing the environmental laws in Madagascar and China,and finally,concentrating on adequate protection measures within the legal framework.Specifically,relying on existing literature and policy documents,the research examined the legal rules for the protection and conservation of the environment in all its landforms,natural and cultural,and even non-terrestrial(marines,air,)areas as well as other bye-laws(including traditionally/societal formulated rules such as the Dina).The study concludes that while China's environmental issues and policies are air and soil pollution related that of Madagascar are principally about the depletion of its rich green zones or ecology – environmental degradation.Therefore,protecting its vast natural forest becomes a priority and thus community-based education and awareness creation should be given prominence.Such measures should be seen as augmentations to the legal frameworks.Interestingly,even though,China's problem is not environmental degradation in terms of deforestation,its green environment policy in terms of community-based afforestation for the purpose of reducing carbon emission seems to be much more effective and widespread than Madagascar which has eminent deforestation phenomenon.This is partly because unlike the Malagasy community which continues with its Tavy(bush fire tradition),the Chinese community has bought into the tree planting idea with much enthusiasm.Thus,both states still need to do more to mitigate their teething environmental phenomena.