Browsing by Author "Lau, Micha"

Now showing 1 - 3 of 3
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    A horn of contention: an analysis of the viability of a legalised trade in rhino horn
    (2014) Heitmann, Eishe; Lau, Micha
    Trade in rhino horn is currently banned in terms of CITES, however the last few years have seen the establishment of an illegal trade which supplies the growing demand for rhino horn through poaching. As a result, a rhino poaching crisis has developed in South Africa, this dissertation will seek to analyse the theories for and against the legalisation of trade as a method to address said crisis. In addition to considering whether the legalisation of trade is the most viable option, this paper will explore how one would go about lifting the trade ban. The latter will involve looking at the proposal for trade to be submitted, as well as what such a trade might look like if such a proposal is successful.
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    Not in my backyard: the obligation to grant places of refuge to ships in need of assistance
    (2016) Jachs, Brent; Lau, Micha
    Oceans cover 70% of the world's surface and are a source of 90% of the world's biomass. Oceans provide the world's populations with food and facilitate international trade in goods. The shipping industry is a notable source (although not leading source) of marine pollution both from operational discharges and maritime incidents. With a vast number of ships navigating the world's oceans the impact of maritime incidents, especially of bulk carriers of oil, on the marine environment can be devastating. Ships which become distressed often attempt to find a 'place of refuge', being nearby port or a sheltered area within the territorial waters of a nearby coastal state. Traditionally these ships in distress had the customary law right of entry into port in order to ensure that persons on board could be saved. This position seems to have changed in the modern age. With the advancement of modern technology persons on board can be saved without bringing the distressed ship into port. In addition, these ships in distress present a serious risk to the marine environment within the waters of the coastal state. Coastal state practice seems to indicate that coastal states prioritise the preservation of their own sovereign waters over the needs of the particular ship in distress, especially where there is no risk to human life. It would seem that the traditional customary law rights of ships in distress do not apply to circumstances where there is no risk to the persons on board and where there is only a risk to the marine environment. These ships are now commonly called ships in need of assistance and are differentiated from ships in distress due to the fact that the risk is one to the marine environment and not to human life. The result of the refusing places of refuge creates the problem of ships in need of assistance as such ships proceed to beg for entry from other nearby coastal states usually being refused along the way. Through the discussion of notable maritime incidents of this nature it will be shown that such refusal of entry by coastal states into a place of refuge is a leading factor that increases the probability of a maritime incident occurring and thereby increasing the likelihood of damage to the marine environment. The concept of state sovereignty has been utilised as a justification for coastal states refusing entry into a place of refuge. This dissertation will discuss the concept of coastal state sovereignty paying particular attention to the legislative and enforcement rights of coastal states in the regulation of pollution and the protection of the marine environment. The international community has long since recognised that the protection of the marine environment is a general state duty and a principle of international customary law. The duty to protect and preserve the marine environment guides, informs and restricts coastal state action. This dissertation analyses the relationship between sovereignty and the duty to protect the marine environment in the context of ships in need of assistance in modern international law. This dissertation seeks to conclude with an overall analysis of the current customary and modern international law rights of ships in need of assistance in order to determine whether coastal states are obliged to grant places of refuge. The IMO Guidelines will be discussed to analyse whether same add any value to the problem of ships in need of assistance and to what end such guidelines indicate further development on this issue.
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    Protection of the African lion: a critical analysis of the current international legal regime
    (2015) Watts, Samantha; Lau, Micha
    The African lion is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, some even believe there to be as little as 15 000, left. This decline is mainly due to threats arising from habitat loss, retaliatory and traditional killing, the trophy hunting industry and trade related issues. Consequently, African lions are listed as 'vulnerable' on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an 'endangered' status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level, allows for more uniform action, implementation and enforcement of legislation at regional and local levels. This dissertation looks at each threat to the African lion population in detail. Then, an assessment is made as to whether there is an international legal regime pertaining to each of these threats, and whether that regime is adequate. There has been an increase in arguments that the international legal framework pertaining to the African lion is in fact unacceptable for the protection of the species. This dissertation provides some clarity on the current international and regional legal regime pertaining to the African lion, and addresses both the positive and negative aspects of this regime. Consequently, it is found that the international legal regime for the African lion is ineffective in achieving their protection and survival. Recommendations are made on what needs to change, and the best way forward, through an international legal lens. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. African lions are already regionally endangered in some parts of Africa, and the threats to the species are only increasing. Therefore, it is obvious that some legal changes need to be made, to ensure greater protection of the African lion, at an international level.