Legal Instruments for Sustainable Soil Management in Africa (International Yearbook of Soil Law and Policy)

Foreword
	Towards Sustainable Management of Soils: The German-African Cooperation
Foreword
	Setting the Agenda on Soil Governance in Africa and Uganda in the 21st Century
Preface
Contents
From Desertification to Land Degradation Neutrality: The UNCCD and the Development of Legal Instruments for Protection of Soils
	1 Introduction
		1.1 The Status of Soils Around the World
	2 The Universal Protection of Soils Comes into the Picture Via the SDGs
		2.1 A Wake Up Call from the Sahel
	3 The Concept of Zero Net Land Degradation
		3.1 Rio + 20 to the Rescue
		3.2 Pushing the Envelope of LDN
		3.3 The Evolution Continues: The Significance of Agenda 2030
	4 Conclusion
	References
In Salvation of African Soils: Exploring the Window of Opportunity Through Nationally Determined Contributions to Implement Su...
	1 Introduction
	2 The Nexus Between Soil Governance and Climate Change Impacts
	3 Assessment of the African Approach to Soil Governance
	4 Legal Nature of Nationally Determined Contributions (NDCs) Under Paris Agreement and Utility to Soil Governance
	5 Assessing Prioritization and Integration of Soil Governance in Nationally Determined Contributions Submitted by African Coun...
		5.1 Prioritization and Integration of Soil Governance by Algeria in Its NDC
		5.2 Prioritization and Integration of Soil Governance by Botswana in Its NDC
		5.3 Prioritization and Integration of Soil Governance by Nigeria in Its NDC
		5.4 Prioritization and Integration of Soil Governance by Egypt in Its NDC
		5.5 Prioritization and Integration of Soil Governance by Zambia in Its NDC
		5.6 Prioritization and Integration of Soil Governance by Rwanda in Its NDC
		5.7 Prioritization and Integration of Soil Governance by Ethiopia in Its NDC
		5.8 Prioritization and Integration of Soil Governance by Malawi in Its NDC
		5.9 Prioritization and Integration of Soil Governance by Tanzania in Its NDC
		5.10 Prioritization and Integration of Soil Governance by Kenya in Its NDC
		5.11 Intermittent Conclusion
	6 Conclusion and Recommendations
	References
Good Governance for ``Sustainable Management of Soil´´ on National and International Level: How to Do It?
	1 Introduction
	2 Sustainable Management of Soils as a Global Challenge
	3 Good Regulation for Soil Protection: Driver and Threat Specific
		3.1 Particularities of Soil Governance
		3.2 Prerequisites of Good Soil Governance
		3.3 Excursus: German Soil Protection Governance
		3.4 Land Degradation Neutrality: How to Implement It?
	4 Conceptual Thoughts on International Soil Governance
		4.1 International Treaty Law: Fragmented and No Specific Measures
		4.2 General Concepts
			4.2.1 Keeping the status quo
			4.2.2 Coordination Treaty
			4.2.3 More Specific Obligations
			4.2.4 Summary
		4.3 Regime Framing
	5 Conclusions
	References
Legal and Regulatory Framework for the Agriculture Sector in Uganda
	1 Introduction
	2 Analysis of the Policy, Legal and Regulatory Framework for the Agricultural Sector
		2.1 Regulation of Land for Agricultural Purposes
		2.2 Soil Governance
			2.2.1 Regulatory Framework for Soil Governance
				The National Environment Act (NEA) Cap 153
				The National Environment (Minimum Standards for Management of Soil Quality) Regulations, Statutory Instrument Number 59 of 2001
				The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, 2000
				The National Environment (Environmental Impact Assessment) Regulations, 1998
				The Prohibition of the Burning of Grass Act Cap 33
		2.3 Livestock Management
		2.4 Crop Production and Management
		2.5 Regulation of Water for Agriculture
		2.6 Pesticides Control
		2.7 Fertilizers Management
		2.8 Regulation of Investment in the Agriculture Sector
		2.9 Taxation in the Agricultural Sector
	3 Conclusion
	References
Land Conservation in the Albertine Graben Region of Uganda: A Critical Analysis of the Legal Regimes
	1 Introduction
	2 Background
		2.1 Historical and Geological Status of the Albertine Graben
		2.2 Land in the Graben
		2.3 Oil Exploration in the Graben
	3 Oil Development and Associated Impacts on Land in the Graben
		3.1 Oil Infrastructure in the Graben
			3.1.1 Roads, Oil Rigs, and Other Infrastructures
			3.1.2 Refinery, Pipeline and Central Processing Facility (CPF)
			3.1.3 Industrial Park and Airport
		3.2 Impacts of Oil Infrastructure and Activities on Land in the Graben
			3.2.1 Oil Spills
			3.2.2 Waste Dumping
	4 Analysis of the Legal Regime
		4.1 Laws
			4.1.1 1995 Constitution
			4.1.2 1995 National Environment and Management (NEA) Act
			4.1.3 Petroleum (Exploration, Development and Production) (PEDP) Act, 2013
			4.1.4 The Petroleum (Refining, Conversion, Transmission and Midstream Storage) (PRCTMS) Act 2013
		4.2 Policies
			4.2.1 National Environment Policy (NEMP) 1994
			4.2.2 National Oil and Gas Policy (NOGP) of 2008
	5 Conclusion
		5.1 Recommendations
	References
The Legal Framework for Sand Mining in Uganda
	1 Introduction
	2 Background
	3 The Meaning of Sand Mining
	4 Effects of Sand Mining
	5 The Legal Regime
	6 Sand Mining and Environmental Sustainability
		6.1 Sand Mining Versus Environmental Restrictions
		6.2 Sand Mining and Environmental Impact Assessment
		6.3 Sand Mining and Soil Standards
	7 Institutional Arrangements
	8 Lessons from Other Jurisdictions
	9 Conclusions and Recommendations
	References
Overview of Main Challenges with Regards to Land Tenure in Africa: Factual and Legal Aspects
	1 Introduction
	2 Framing Customary Land Tenure in Context of Customary Law
	3 International Experience with Communal Tenure
		3.1 Need for `Tailored´ Government Intervention
		3.2 De jure and de facto Rights
	4 Conclusion
	References
African Feminism, Land Tenure and Soil Rights in Africa: A Case of Uganda
	1 Introduction
	2 Socio-Legal Stratification, Soil Rights and Land Tenure Systems
	3 The Link Between African Feminism, Land Tenure Systems and Soil Rights in Africa
	4 Policy and Legal Regulation of Access to Soil Rights
		4.1 Contextual Perspectives
		4.2 The Link Between Sustainable Development, Land Tenure Systems and Soil Rights
	5 Conclusion
	References
Soil Governance and Sustainable Land Use System in Nigeria: The Paradox of Inequalities, Natural Resource Conflict and Ecologi...
	1 Introduction
	2 Definition of Terms and Key Concepts
	3 Nigerian Realities
		3.1 Political Dimensions to Soil Governance Conflict
		3.2 Ethnic and Economic Dimensions to Soil Governance Conflict
	4 Legal Observations on Soil Governance in Nigeria
	5 Soil Protection Provisions in Nigeria
	6 International Framework on Soil Governance
	7 Recommendation
	8 Conclusion
	References
Soil Legislation in Australia
	1 Introduction
	2 Development of Soil Conservation in Australia
	3 Integrated Environmental Management
	4 Commonwealth Level
		4.1 Australian Constitution
		4.2 Purpose of Commonwealth Laws
		4.3 Role of the Commonwealth
		4.4 Commonwealth Legislative Powers Relevant to Soil Conservation
	5 Categorization of Australian Laws Relevant to Soil Conservation
		5.1 Category 1: Principal Soil Conservation Legislation
			5.1.1 Main Elements of Other Principal Laws with Primary Responsibility for Soil Conservation
		5.2 Category 2 Main Supporting Legislation to Soil Conservation Objectives
			5.2.1 Category 2 Laws: Commonwealth Level
			5.2.2 National Protection of the Environment and Biodiversity
		5.3 Category 2: State-Level Laws
			5.3.1 Administration
			5.3.2 Soil Conservation Benefits
			5.3.3 Courts and Tribunals
		5.4 Category 3 General Supportive Legislation to Soil Conservation Objective
			5.4.1 Category 3: State Level Laws
			5.4.2 Native Title
			5.4.3 Bushfire Control
			5.4.4 Mining
			5.4.5 Agriculture Tenancy and Land Acquisition
			5.4.6 Nature Conservation
	6 Conclusions
	References
Annex: Outcome Document
	International Workshop ``Legal Instruments for the Effective Protection and Sustainable Management of Soils´´