n Malawi Law Journal - A critique of the legal framework for wildlife protection in Malawi
|Article Title||A critique of the legal framework for wildlife protection in Malawi|
|© Publisher:||University of Cape Town|
|Journal||Malawi Law Journal|
|Publication Date||Jan 2009|
|Pages||199 - 235|
This article discusses the legal framework for the protection of wildlife in Malawi. It acknowledges the existance of a considerable array of legal mechanisms for the protection of wildlife and highlights some loopholes. At the normative level, these loopholes are manifested in the poor articulation of the relevant statutory provisions; the non-existence of a justiciable, constitutionally protected environmental right; restrictive standing rules in judicial review proceedings; and the inadequate protection of environmental activists against adverse cost orders in environmental litigation. The article recommends that, for the wildlife protection regime to improve, the law must be strengthened as well as the administrative controls, and the Government must show more commitment to supporting wildlife protection endeavours, including through allocating more resources and upgrading policing efforts in the protected areas.
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