Browsing by Author "Glazewski, Jan"
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- ItemOpen AccessAgriculture, modern biotechnology and the law: An examination of the property paradigm in the context of plant genetic resources(2010) Collier, Debbie; Glazewski, JanCommercial interest and technological advancements (such as modern biotechnology) in plant research have led to the affirmation of sovereign and proprietary rights over plant genetic resources (PGRs). The result is an increasingly complex national regulatory system for rights in PGRs, shaped by a dense web of international law instruments regulating trade, intellectual property, food and agriculture, environmental, and human rights law. The narrative of the international trade and intellectual property instruments, buttressed by the liberal rhetoric of property, is one of long-term, sustainable, economic and social development, although the strength of this argument is increasingly challenged. This thesis adds to the body of critical literature by exploring the socio-economic impact of the current regulatory regime on a vulnerable farming community growing genetically modified cotton in KwaZulu Natal, South Africa. The thesis questions whether greater limitations on proprietary rights in modern biotechnology would improve matters. The outcome of the study (completed in 2009) of these vulnerable cotton farmers implicates the IP-protected technology in the destruction of many livelihoods and in the stifling of technology transfer to aid local innovation. The thesis acknowledges the negative role played by other external factors, such as low rain fall, but suggests that some seemingly external factors, such as poor agricultural policy, and falling world prices for cotton, are consequences of the prevailing regime. The thesis proposes that this regime overly prioritises private rights at too high a social cost. In order to rein in these rights the thesis argues, through the lens of the South African Constitution, for law and policy reform. On a theoretical level, the property concept, including the notion of excludability, the idea of common and public property, sovereign rights, and the public trust doctrine are explored as mechanisms within the property paradigm to aid the case for limiting proprietary rights.
- ItemOpen AccessAn outline and critical assessment of the role of planning laws in the regulatory framework of climate change adaptation in South Africa and Nigeria(2018) Afinowi, Olubunmi Ayodele; Glazewski, Jan; Ziervogel, GinaClimate change affects the natural and built environment, including all forms of development. The risks of climate change include severe alterations to the normal functioning of communities, including adverse effects on humans, infrastructure, land use, the built and natural environment. Due to these occurring and projected adverse effects, there is the need to develop resilience within communities, especially in areas of particular vulnerability. The point of departure of this research is that planning laws have a role to play in the adapting to, and building of resilience against, climate change. As such the work argues for an integration of climate change considerations into planning, environmental and related laws. The relevant laws will be examined to consider the extent to which they are suited to aid the adaptation process. The research entails a comparative approach through the analysis of planning laws in Nigeria and South Africa. It also involves qualitative empirical research into the effectiveness of planning laws as a means of adaptation to climate change. Planning law in Nigeria is very procedural and is limited to physical planning and ordering of the built environment. South Africa, on the other hand, has integrated sustainable development considerations into her planning legislation and it now encompasses spatial planning, integrated development plans, land use management and others. In both countries, however, there seems to be no express integration of climate change into planning laws, especially at the national level of government. The research also examines the legal aspects of climate change adaptation strategies in both countries. It found that in Nigeria in particular, there is no provision for inter-governmental cooperation to facilitate physical planning or climate adaptation action. In the case of South Africa, there is a well-structured intergovernmental collaboration regarding planning and land use management, which gives some consideration to climate change adaptation. However, the structure for cooperation is still being developed as seen in the draft National Adaptation Strategy and the proposed Climate Change Act. There is a need to reevaluate the relevant laws in both countries, with special consideration to the role of planning in adaptation to the adverse impacts of climate change on the natural and built environment.
- ItemOpen AccessAnalysing the international civil liability regime for oil pollution damage caused by ships and aligning with it the South African civil liability regime for oil pollution damage cause by ships(2018) Moodley, Alecia Genise; Glazewski, JanOil-fouled beaches, dying seabirds and severe economic loss from the closure of fishing grounds and holiday resorts is the picture painted by oil spills, and these consequences often arouse public outrage. Oil spills cause extensive damage to the marine environment and to human society. Indeed, the economic consequences are often extensive, and it is for this reason that the internationalisation of a civil liability regime for oil pollution damage was initially proposed. The first move towards an international civil liability regime came when states which were affected by an unprecedented oil spill made it clear that individual states could not cope alone with these negative effects. The tanker held responsible for the oil spill which has been described as ‘the greatest peace-time menace ever to have confronted Britain’s shores’ was Liberian-registered tanker, the Torrey Canyon About 6 000 nautical miles south of Pollard rock, which was struck by the Torrey Canyon in 1967, lays the Cape of Good Hope, South Africa (SA). The route that runs through the Cape of Good Hope is one of the busiest oil tanker routes in the world and this contributes to the large volume of oil traffic in this route. The Cape of Good Hope is also known as the ‘Cape of Storms’ and many vessels have faltered off this hazardous coastline of SA. The 1973 International Convention for the Prevention of Pollution From Ships, as modified by the Protocol of 1978 (MARPOL 73/78) to address pollution prevention, the 1969 Intervention Convention to deal with emergency response, the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 CLC), and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund convention) were enacted after the Torrey Canyon disaster, once it was clear that the international regime was not sufficient to deal with such an immense oil spill. 8 In addition, and of paramount importance, is the 1982 United Nations Convention on the Law of the Sea (UNCLOS) which is known as the “framework” or ”umbrella” convention in the international law of the sea. The purpose of this dissertation is to analyse and compare the International and the South African civil liability regimes on oil pollution damage caused by ships. This comparative analogy will be done with the view of ascertaining whether the legal regime of South Africa (SA) is in line with the international civil liability regime and to ascertain what improvements can be made to SA’s civil liability regime. During this analysis, any inadequacies identified in these regimes will be addressed briefly. South Africa gave effect to the 1969 CLC and the 1971 Fund convention by enacting the Marine Pollution (Control and Civil Liability) Act 6 of 1981 (MPA)(own emphasis). SA, however, only acceded to the 1992 protocols of amendment on 1 October 2005 (own emphasis) and, subsequently, did not implement these amendments domestically. Eight years later, the government finally updated the domestic law by providing for the domestic enactment of the provisions as contained in the 1992 protocols. In December 2013 (own emphasis), the Merchant Shipping (Civil Liability Convention) Act 25 of 2013 (“MSCLC act”), the Merchant Shipping (International Oil Pollution Compensation Fund) Act 24 of 2013 (“the IOPC act”), the Merchant Shipping (International Oil Pollution Compensation Fund) Administrations Act 35 of 2013 (“Administrations act”), and the Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Act 36 of 2013 (“Contributions act”) was enacted by Parliament. This dissertation serves to explore these laws of SA against the backdrop of the relevant international conventions including the UNCLos which provides a general framework. Prior to these amendment laws, SA’s regime was outdated and provided insufficient compensation for a major oil spill. The primary research question of this dissertation is: Is SA’s civil liability regime consistent with, aligned with and adequate in light of, the international civil liability regime? In order to answer the abovementioned research question, this dissertation adopts the following structure: It is divided into five chapters which will follow one another as the civil liability regime is being unpacked and analysed. Chapter 1 contains an introduction, background, and sets out the scope and limits of this topic; It furthermore provides a brief literature review on civil liability to aid in understanding the main topic of this dissertation. In Chapter 2 it will be beneficial to look at the brief history behind the international regulation of marine oil pollution in order to grasp the reasoning behind the existing international regime. Therefore, the international history will first be addressed, and thereafter a comprehensive analysis of the various conventions that make up the international regime will be done. There will also be an indication of certain inadequacies which may be contained therein, before concluding and moving the focus to SA in the next chapter. It will then be of importance to address SA’s liability regime critically. In Chapter 3 the new marine pollution acts are dissected whilst keeping in mind the broad themes that originate in the international conventions. This third chapter also addresses whether the MSCLC act has strengthened the South African regime and whether SA will have access to the compensation funds after the enactment of the IOPC Fund Act. Chapter 4 will accordingly look at the laws of general application in SA with a view of ascertaining how these laws complement the civil liability regime and how reliance on them could improve the South African regime. Furthermore, recommendations will be made with regards to improving SA’s regime. Finally, this dissertation will come to a conclusion in Chapter 5 which will also briefly summarise the findings of the previous chapters.
- ItemOpen AccessCasting a wider legal fishnet: Assessing opportunities to combat fisheries crime with a focus on the South African abalone poaching and trafficking crisis(2018) Herdieckerhoff, Ida; Glazewski, JanThe fisheries sector is a fundamental global industry for human prosperity worldwide as fish and fish products are among the most-traded food commodities worldwide. However, the fisheries sector is linked to a high degree of illegality. Fisheries crime is a multifaceted phenomenon – frequently transnational and organised in nature – which comprises a range of various crimes along the fisheries value chain, including corruption, money laundering as well as tax and customs fraud. The abalone poaching and trafficking crisis in South Africa is a prime example of fisheries crime: organised criminal syndicates control the (illegal) lucrative trade of abalone starting from poaching in the coastal waters of South Africa until the abalone ends up in East Asia. The syndicates take advantage of the sensitive socio-economic dynamics in South Africa’s coastal communities for financial gain by recruiting local poachers and using highly organised networks to smuggle abalone to East Asia. The illegal trade in abalone is one significant factor that threatens the species’ survival, thus these criminal syndicates must be disrupted and their activities combated. This dissertation examines legal tools to do so. During the 2nd International Symposium on Fisheries Crime it was pointed out that ‘given the inter-connected and complex nature a successful law enforcement approach to addressing these crimes cannot focus exclusively on one type only; rather, what is required is a coordinated criminal law enforcement response at the domestic and international level that recognises the wide variety of forms fisheries crime can take’1 . This extends beyond the scope of fishing offences and is rooted in the use of all potentially applicable laws. This dissertation examines the applicability of the Marine Living Resources Act 18 of 1998, the Prevention of Organised Crime Act 121 of 1998, the Customs and Excise Act 91 of 1964 as well as the Prevention and Combating of Corrupt Activities Act 12 of 2004 to the abalone and trafficking crisis. The aim is to assess the South African legal framework as well as existing case law to determine how South Africa’s courts have approach the prosecution of fisheries crime to date in order to arrive at suggestions to combat abalone poaching and trafficking in the future.
- ItemOpen AccessClimate change governance in the SADC region: towards development of an integrated and comprehensive framework policy or protocol on adaptation(2014) Libebe, Eugene Lizazi; Glazewski, JanThe scientific community has shown that climate change is occurring and is caused mainly by human activities. This state of affairs has various societal and environmental implications which has demanded attention and raised concerns about the future of human life on earth. Increasing concerns about climate change has led the international community, regional bodies and national governments to adopt legal instruments and other mechanisms to address the phenomenon. In these efforts and measures mitigation and adaptation have been the prominent response strategies. However, adaptation to climate change has experienced much less attention than mitigation. This research provides a conceptual analysis of adaptation, and discusses some socio-economic and cultural implications of climate change in the Southern African Development Community (SADC), in order to show why adaptation is a better response to climate change. The research outlines and assesses the relevant developments in international, African and mainly SADC’s responses to climate change through adaptation in their legal and institutional frameworks. This includes related developments in Namibia and South Africa as SADC Member States. The study advocates for regional consensus to design a holistic policy framework and effective governance on adaptation to climate change in the SADC, as one of the world’s most vulnerable regions. As such, the study further examines the aspect of good governance and institutional frameworks as essentials for climate change adaptation in the SADC context. It concludes that it is necessary for SADC member states to cooperate in formulating an integrated and comprehensive protocol on adaptation.
- ItemOpen AccessCommon but Differentiated Responsibilities: An exploration of the Concepts of Equitable Evolution and Graduation within the Climate Change Treaty System'(2010) Koketso, Sakhile; Glazewski, Jan
- ItemOpen AccessConservation of private land by means of compensatory mechanisms and incentives(1986) Glazewski, Jan; Fuggle, Richard FrancisThis report reviews the potential of financial incentives and compensatory mechanisms for achieving conservation goals on privately owned land in South Africa. Legal concepts, such as the notion of absolute ownership of property, are examined in the context of South Africa's historical and political circumstances to highlight how they have contributed to a highly individualistic attitude to land ownership in South Africa. The achievement of environmental objectives has relied largely on outright control of, and prohibitions on, the use of land. Incentives and compensatory mechanisms offer complementary methods of encouraging the diminution of ownership rights in private land for the public interest. A review of some foreign legal systems shows that compensation for the diminution of private rights in land is a grossly neglected area of South African law. It is found that attention should be given to the development of satisfactory principles of compensation as well as to the incorporation of incentives into South African legislation. It is concluded that the success of such recommendations is dependant on the fulfilment of certain administrative prerequisites, including the formulation of a national strategy for the conservation of private land in South Africa and the constitution of a formal body of experts to advise on compensation and incentive schemes.
- ItemOpen AccessCreating an effective and equitable legal carbon taxing regime for South Africa(2018) Delport, Erik; Glazewski, JanHuman accelerated climate change presents a worldwide threat. It is a problem that requires international as well as local solutions. Human accelerated climate change is induced by the release of so called greenhouse gasses (GHG's) as a result of human activity, most notably by converting fossil fuels into energy. GHG's include Carbon dioxide (CO₂), Methane (CH₄), Nitrous oxide (N2O), Hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs), and Sulphur hexafluoride (SF₆). The most notable of these gasses is Carbon Dioxide (CO₂), this gas is released into the atmosphere in vast amounts and is primarily responsible for the human contribution to climate change. In recent years, Governments all over the world have begun implementing strategies in order to decrease the amount of GHG's released into the atmosphere. The South African Government set out a range of options in the National Climate Change Response White Paper that could be used to reduce GHG emissions. The specific option which forms the subject matter of this dissertation is referred to as the Carbon Tax. Stripped down to its bare essentials a Carbon Tax entails that producers of GHG emitting products would pay a tax that corresponds to the amount of CO₂ emitted in the production of that product, or the CO₂ equivalent of the product if it emits one of the other GHG's. This amount of money is then incorporated into the price of the product making those emission intensive products more expensive. Theoretically, this should result in a decline in the consumption of the product and/or cleaner methods to produce the product. The underlying idea is to change consumers' behaviour to promote environmental goals by reducing GHG emissions. Carbon Taxing falls under a category of regulation which is referred to as the 'incentive based approach to environmental regulation' with the incentive being financial or market based. Incentive based measures are used in environmental regulation where traditional command and control measures would be insufficient or where they could be supplemented. This paper will examine the proposed Carbon Taxing regime for South Africa. It will assess the proposed regime in terms of its effectiveness as an instrument to reduce GHG emissions. It will also assess the equitability of the regime by assessing how the tax will affect citizens in different income classes.
- ItemOpen AccessA critical and comparative analysis of the under regulation of underground storage tanks in South Africa and the attendant consequences for environmental resources(2014) Johnston, Moira; Glazewski, JanIn South Africa, as with the rest of the world, pollution presents a major threat to the environment and thus to the intimately linked social and economic facets of society. The very notion of sustainability is premised on the inextricability of socio-economic demands and the capacity of the environment to support and sustain such demands. It is trite that without a healthy environment there is no future but if there is a future, then access to ecosystem services in it will become an increasingly critical factor for economic resilience and success. Prevention of pollution is thus of critical importance. The focus of this thesis is on one form of pollution in particular, namely, pollution resulting from petrochemicals leaking from underground storage tanks (“USTs”) situated at fuel retailer outlets and truck stops. These hazardous substances can contaminate nearby groundwater and soil causing a multitude of problems including the contamination and degradation of water and soil in the surrounding areas. Although these tanks constitute potentially devastating environmental hazards, the problem is easily addressed through proper regulation and governance and the adoption of practical guidelines informed by countries with the relevant knowledge and expertise. The South African government has the power to mitigate against and prevent this kind of harm through coordinated policies, integrated management and sound financial planning. In the concluding chapter on this study, recommendations for the drafting and implementation of such measures will be provided.
- ItemOpen AccessA critical assessment of whether shale gas extraction (hydraulic fracturing) conforms with the underlying principle of sustainable development(2016) Van der Walt, Robert; Glazewski, JanIt is estimated that the eighth largest resource of shale gas reserves in the world is in South Africa. The proposed extraction of shale gas using hydraulic fracturing requires great volumes of water and many hazardous chemicals which also risks water pollution. This can add to water stress because the Karoo is a semi-arid and drought prone region. In this study I will, after taking into account that South Africa receives an average annual rainfall of almost half the international annual rainfall, answer the question on whether the fracking process is a risk worth taking by measuring the process to the underlying principle of sustainable development. The world is faced with challenges in all three dimensions of sustainable development (economic, social and environmental). More than 1 billion people are still living in extreme poverty, and income inequality within and among many countries has been rising; at the same time, unsustainable consumption and production patterns have resulted in huge economic and social costs and may endanger life on the planet. In this minor dissertation, sustainable development will be defined explained and examined, looking at environmental sustainability as well as an in depth look at the underlying principles of sustainable development, examining the advantages and disadvantages of each. However, because the first step in making sustainable development more concrete is the formulation of legal principles, I will analyse the South African legal framework governing fracking as a process. In this minor dissertation it is found that the disadvantages outweigh the advantages within the three spheres of sustainable development.
- ItemOpen AccessDecentralisation of water resource management : a comparative review of catchment management authorities in South Africa and Victoria, Australia(2015) Mokoena, Karabo; Glazewski, JanBy the adoption of Integrated Water Resource Management (IWRM), South Africa has significantly changed its water management regime and the institutions governing water in this country. These changes were first introduced by the National White Policy Paper on Water in South Africa in 1997 and subsequently the National Water Act in 1998. One of the key components of IWRM is the decentralisation of water management to a regional or catchment level and the introduction of public participation in the water management sector. With the enactment of the NWA South Africa incorporated IWRM in its legal system and a decade on, authorities are now turning to its implementation. The NWA introduces Catchment Management Agencies (CMAs) in water management and gives them authority over water management at a catchment level. Initially there were nineteen (19) and this number has since been reduced to nine (9) due to a number of factors. South African authorities are now seeking ways in which they can effectively decentralise water to a catchment level, including delegating and assigning some of the functions currently held by the Minster to CMAs. Using Victoria, Australia as a comparative study, this study investigates how water management can best be decentralised to a catchment level; it starts off by investigating the theory of decentralisation and its pros and cons; then sets off to investigate water management has been decentralised in Australia from the national level, to state level and catchment level; it then investigates the role of Rural Water Authorities in Victoria and compares them to Catchment Management Agencies in South Africa. Finally the work highlights the water management regime and the various stakeholders in water management South Africa from a national level to a catchment level and the challenges facing South Africa in term of WRM; and then makes recommendations and a conclusion based on its research findings and the South African socio-economic and political context.
- ItemOpen AccessThe development of Namibia's renewable energy regime(2015) Heita, Natalia Ndatilohamba; Glazewski, Jan; Young, MichaelaAs is the case with many countries, Namibia has an economy dependent on fossil fuels. The country is, however, blessed with abundant and diverse - but as yet unexploited - renewable energy (RE) resources that could be used for improving the livelihood of the vast majority of its 2.2 million people. Today the conflict between energy production from fossil fuels and protection of the environment is intensifying and this compels all countries to search for means of resolving this conflict. Developing RE through the enactment of enabling legislation and implementation of relevant policy is one important step towards attaining the ideal of an energy-secure future. This state of affairs is not unique to Namibia, as most countries with abundant RE sources are striving to promote and deploy RE in their respective regimes through appropriate policies and legal frameworks. This study examines Germany and Ghana from, respectively, the developed and developing world, as leading countries that have established a proactive RE regime. However, such a regime can only be successfully achieved if countries, including Namibia, adopt laws and policies that promote and encourage the use of RE in order to move away from fossil fuel dependence to a greener economy. Thus the study seeks to investigate RE resources in Namibia and their potential development. It outlines the current legislation pertaining to the regulation of RE in Namibia. As such, the study further examines the Organisation for Economic Cooperation and Development (OECD) guidelines and draws examples from other regimes, particularly Germany and Ghana, in order to provide a guideline for the enactment of a general Energy Act with a particular chapter on RE. It concludes with recommendations as to how Namibia can secure a sustainable energy future.
- ItemOpen AccessEnvironmental Impact Assessment (EIA) and South African courts' interpretation of the legislative framework(2004) van Eeden, Kathinka; Glazewski, JanThe debate on the issue of the submission of environmental impact assessments (EIAs) goes back to the 1970s. The value of EIAs was first recognised by the South African government in 1976 with a report by the-then South African Council for the Environment entitled Identification and Evaluation of the Effects of Development Projects on the Environment and in 1980 with the publication of the White Paper on a National Policy regarding Environment Conservation. The White Paper formed the basis for the Environment Conservation Act (ECA) 73 of 1989, which included some provisions for EIAs.
- ItemOpen AccessFrom Kyoto to Paris - a review of South Africa's climate change response with particular emphasis on the Clean Development Mechanism and envisaged transition to the Sustainable Development Mechanism(2018) Steenkamp, Lee-Ann; Glazewski, JanThe climate change timeline is at critical juncture as policymakers, academics and other climate-related stakeholders are contemplating the transition from the Kyoto era to the advent of the landmark 2015 Paris Agreement on Climate Change (the Paris Agreement). The study focuses in particular on tracing the development of and learning from past experience with the Clean Development Mechanism (CDM) - one of the flexible mechanisms provided for in the Kyoto Protocol and tailored specifically for reducing emissions in developing countries. This is undertaken with a view to drawing lessons for its apparent successor, the Sustainable Development Mechanism (SDM) provided for in the Paris Agreement. The study is undertaken against the backdrop of the theoretical framework of market-based instruments supplementing the traditional command-and-control approach to reducing carbon emissions, specifically in the area of environmental taxes and carbon offsets. While it is acknowledged that the major difference between the proposed SDM and the existing CDM is that carbon markets will no longer be limited to developed country parties in that developing countries will also be able to participate, many uncertainties remain. Moreover, while it is uncertain at the time of writing (mid-2017) whether the CDM will continue to exist alongside the SDM or will be replaced by it, the study investigates, among other things, questions around if and how the SDM refines and streamlines the CDM. It considers these questions in the context of not only the relevant international instruments, but more specifically against the backdrop of South Africa's climate-related laws and policy frameworks. It is posited that the CDM - and by extension the SDM - will come increasingly under the spotlight in South Africa, as it will serve as a useful mechanism for reducing (or offsetting) the impending carbon tax liability. The thesis finds that many of the principles listed for the SDM mirror those of the CDM. Yet, some sort of transition from Kyoto to Paris will be required to ensure that the SDM will realise its potential to mitigate emissions and support sustainable development.
- ItemOpen AccessA legal analysis of multilateral environmental agreements dealing with hazardous products and hazardous waste(2003) Behrens, Alexander; Glazewski, JanThe first human activities which were recognized as major environmental threats were industrial production processes. As a result, this field was the first which was subjected to environmental law, initially on a domestic level, and then subsequently also on a regional and global level. As development continued to progress, people realized that there were considerably more human activities that could also have a hazardous impact upon the environment. One of these were hazardous products, products which possess the inherent capacity to cause adverse effects on human health or the environment. This group includes, in particular; .certain chemicals, like pesticides, industrial chemicals and pharmaceuticals, as well as many other nonchemical products as diverse as radioactive materials, consumer goods and, in more recent times, genetically modified organisms (GMOs). As a consequence, many countries have adopted national laws to deal with these products. In addition, states have had to recognize that the issue of hazardous products also has certain international ramifications. This led to the adoption of a special group of international environmental instruments which specifically addressed product related hazards. The, present study undertakes to analyze this group of i agreements with a view to identifying common characteristics and differences. In order to achieve this, it concentrates on the four Multilateral Environmental Agreements which have been concluded in the field: the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention), the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (Cartagena Protocol), the Montreal Protocolon Substances that Deplete the Ozone Layer (Montreal Protocol) and the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention). In addition, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) was also included in the study, in spite of the fact that waste presents certain peculiarities which render its classification as a product contentious.
- ItemOpen AccessLegal consideratios in developing and implementing the 2018 draft intergrated resources plan (IRP): a case study of the nuclear sector(2019) Kenny, Fadeelah; Glazewski, JanThe 2018 Draft Integrated Resource Plan (IRP) published by the Department of Energy (DoE) of South Africa informs the government’s electricity demand projections until 2050. They are published under the authority of the Electricity Regulation Act (ERA) of 2006. The Electricity Regulations on New Generation Capacity of 2009 stems from the ERA. The draft IRP must, however, be seen in the context of previous IRPs, and policy considerations outlined in Chapter 2. The draft IRP 2018 sets out to estimate the generating capacity requirements and allocates how much of each energy technology will be commissioned during the projection window. The rollout of the nuclear component of the IRP has had many challenges since the first original IRP was published in 2010. Apart from varied policy jockeying regarding the various energy sectors in South Africa (SA), court cases and other factors, allegations of corruption and maladministration have caused major delays in the envisaged nuclear rollout. This dissertation identifies the legal measures that Eskom as the licence holder and various government entities need to comply with to successfully roll out the nuclear component of the draft IRP 2018. It will describe the applicable legislation, processes and illustrative court cases. In so doing the work will provide guidance on the steps to follow to ensure that the nuclear rollout complies with the legal and policy framework of SA and gets delivered successfully and efficiently. The latest draft IRP 2018 which was published for public comments in the Government Gazette dramatically revises the forecast for SA’s energy demand downwards from a projection of 525 Terawatt hours (TWh) of power in 2050 to 430 TWh for the most optimistic ‘high’ scenario. This revision is the main reason the new IRP no longer calls for massive new coal plants and has relegated nuclear to specific scenarios instead of the ‘base case’. The carbon budget (IRP6) and carbon budget plus market-linked gas price (IRP7) scenarios commission nuclear capacity of 4200 megawatts (MW) and 5600 MW respectively for the period 2031-2040. IRP 6 and 7 have 6 per cent (6.3GW) and 7 per cent (7.35 GW) nuclear of 105 Gigawatt (GW) of installed capacity respectively, up from the 3 per cent (1830 MW) of Koeberg Nuclear Power Plant (Koeberg NPP). For the period 2041 – 2050, IRPs 6 and 7 have 6 per cent (7.56 GW) and 8 per cent (10.08 GW) nuclear of 126 GW of installed capacity respectively. The dissertation identifies the legal requirements and issues and makes recommendations on the steps to be followed to enable a legally sound nuclear rollout for SA.
- ItemOpen AccessNuclear liability – a comparative assessment of the legal situation in South Africa and Germany against the backdrop of international law(2018) Lang,Tobias Maximilian Hagen; Glazewski, JanThe study is concerned with the topic of nuclear liability. One might think this is a topic of the last century, but it is not. In the last few years the demand and development of nuclear power plants were enhanced due to several reasons. Especially in South Africa, the further development of nuclear power plants is planned by the government. However, nuclear energy is an ultra-hazardous energy resource which could cause huge damage to people, their property and the environment. Therefore, a comprehensive legal framework for cases of nuclear damage is needed to balance the interests of victims and the nuclear industry. A legal framework regulating the case of nuclear damage can be found in international law, as well as in most domestic legal systems of countries producing nuclear energy. Due to the fact that South Africa wants to develop its nuclear energy programme, it is interesting to examine its nuclear liability provisions closer. The study assesses the South African nuclear liability regime by comparing it with the international legal framework for nuclear liability and the German nuclear liability regime. Therefore, the study will firstly outline principles of nuclear liability, secondly analyse the most important international conventions and finally examine the crucial nuclear liability provisions in the domestic legal systems of Germany and South Africa.
- ItemOpen AccessPhasing-Out Gas Flaring In Nigeria: A Critical Assessment of the Regulatory Regime(2010) Okukpon, Irekpitan; Glazewski, JanThe rapid development of the global oil and gas industry has led to an increase in atmospheric emissions which is detrimental to the wider atmosphere. The flaring of gas during oil exploration and production (E & P) activities alarmingly contributes to the emission of green-house gases which contribute to climate change. The enactment of legislation with adequate provisions for the reduction and elimination of gas flaring from oil and gas activities is very important. Very few countries in the world (e.g. Canada) have been able to successfully eliminate the problem of gas flaring through conservation and the enactment of adequate legislation with stringent sanctions for defaulters who continue flaring. Nigeria is an example of a country with inadequate gas flaring laws. This thesis examines the effectiveness of regulatory regimes on gas flaring in Nigeria with a view to determining if the phase-out of the problem can be achieved. It stipulates that the provisions of the Associated Gas RE-Injection Act (AGRA) 1979 and its Regulations of 1984 are inadequate for the regulation and or elimination of gas flaring. It also advocates for the amendment of AGRA, the development of more effective laws on gas flaring and methods by which the gas being flared can be conserved in order to ensure a clean and healthy environment in Nigeria (particularly the Niger-Delta), free from gas flares.
- ItemOpen AccessThe place of international law and relevant bodies in addressing climate change displacement – the move towards cooperation(2014) Swanepoel, Ernesta; Glazewski, JanAnthropogenic climate change is no longer a debate. The Summary for Policymakers of the Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report states ‘it is extremely likely that human influence has been the dominant cause of the observed warming since the mid-20th century.’ Throughout climate change science, literature, negotiations and debates run a golden threat: The effects of climate change will result in grave consequences for humans. Effects of climate change can range from less water availability, decrease in crop yields, negative impacts on health to rising sea-levels, change in tropical storms and cyclone frequency or intensity, changes in rainfall regimes, increases in temperatures, changes in atmospheric chemistry and the melting of mountain glaciers. While the impacts and effects of climate change vary, environmental degradation, sea-level rise, conflict over resources, droughts and floods may ultimately result in people moving, either temporarily or permanently, within or across borders.
- ItemOpen AccessPromoting renewable energy in South Africa through the inclusion of market-based instruments in South Africa's legal and policy framework with particular reference to the feed-in tariff(2014) Du Toit, Louise; Glazewski, JanThe thesis considers the problem of climate change and identifies that the use of fossil fuels to generate energy since the Industrial Revolution has been a significant factor fuelling the emission of greenhouse gases and the consequent increase in global temperatures. Due to continuing economic growth, greenhouse gas emissions show no signs of abating. The thesis argues that promoting renewable energy would contribute to displacing fossil fuel-generated energy and a consequent decrease in greenhouse gas emissions or, at least, the rate at which such emissions are increasing. However, a significant barrier to the uptake of renewable energy is that it generally has higher initial costs than conventional fossil fuel-generated energy. In recognition of this barrier, a number of market-based instruments have been introduced internationally to support the uptake of renewable energy. Through a discussion of the literature, the thesis identifies that the renewable energy feed-in tariff has thus far been the most effective instrument in promoting renewable energy. It considers international examples of the feed-in tariff with a focus on Germany, which is largely considered to have had the most success with the feed-in tariff. In South Africa, which has a coal-based economy, renewable energy has only started to gain importance relatively recently. The thesis traces the development of renewable energy policy in South Africa through a consideration of the relevant legislation and policy documents as well as the market-based instruments that have been introduced to promote renewable energy. Even though the South African government has chosen to implement renewables tendering in respect of specific quantities of renewable energy, the thesis – in light of the numerous advantages of the feed-in tariff and its effectiveness internationally – argues in favour of a feed-in tariff and examines the elements of a feed-in tariff framework in the South African context.