Browsing by Subject "Marine and Environmental Law"

Now showing 1 - 20 of 31
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    The challenge of creating an effective and equitable legal regime to cover transboundary protected areas considering the challenge through the lens of the Great Limpopo Transfrontier Park
    (2013) Bishop, Davide; Paterson, Alexander
    Contemporary recognition of the need to expand existing protected area systems has culminated in the formulation of the Strategic Plan for Biodiversity 2011-2020 by the parties to the Convention on Biological Diversity (CBD). This Strategic Plan incorporates 20 ambitious 'Aichi Biodiversity Targets'; with Target 11 specifically requiring that by 2020 'at least 17 per cent of terrestrial and inland water and 10 per cent of coastal and marine areas are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas, as well as, other effective area-based conservation measures, and integrated into the wider landscape and seascape.' Target 11 requires compliance with a number of preconditions, two of which will be discussed in this dissertation. First, well-governed protected areas provide an established mechanism for both safeguarding habitats and populations of species, as well as, delivering important ecosystem services. It is, therefore, imperative that governance and planning measures are implemented effectively and equitably. Secondly, protected areas are required to be well-connected to the wider landscape through the use of corridors and ecological networks facilitating connectivity, adaption to climate change and the application of the ecosystem approach. Transboundary Natural Resource Management (TBNRM) provides a unique opportunity for realising both conditions.
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    Coastal management lines as a key tool to promote integrated coastal management : a comparative review of South Africa's emerging legal framework with that of selected Euro-Mediterranean countries
    (2016) Pienaar, Alecia; Paterson, Alexander
    The coastal zone represents an endemic ecosystem of geomorphic complexity, characterised by its dynamic state of transition and increasing sensitivity. It is widely acknowledged that the environmental complexities and distinctiveness of this area is an attribute matched only be its attractiveness for human settlement and resource utilisation. Viewed through an environmental lens, the proliferation of urban coastal development is, however, diminishing coastal resilience to an extent that is both unsustainable and injudicious. In this context, proper management of the coastal zone necessitates the application of integrated land use planning mechanisms responsive not only to the ecological dynamics of a land-sea interface, but also to the increasing pressures of human use and development activities. This dissertation identified set-back lines or coastal management lines (CMLs) as a regulatory mechanism that essentially conforms to such criterion. South Africa is currently experimenting with implementing the provisions in the National Environmental Management: Integrated Coastal Management Act 24 of 2008 (NEMICMA), which provides for CMLs as a key tool for promoting integrated coastal management. The aim of this dissertation was to critically review the domestic legal framework and experience to date in implementing this scheme. Owing to the novelty of CMLs in the South African jurisdiction, a reference point or legal backdrop was necessary to critically evaluate the peculiarities and potential of the NEMICMA framework. For this reason, this dissertation undertook a critical and comparative study on the regulation of CMLs in both South Africa and selected Euro- Mediterranean states, namely France, Spain and Greece.
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    A critical analysis of the legal framework regulating indigenous and community conserved areas in Namibia
    (2015) Meyer, Adri; Paterson, Alexander
    Protected areas, formally established by governments, are one the key methods of preventing natural resource degradation by excluding humans from accessing certain sensitive areas, or by regulating the activities within these areas. Protected areas are viewed as essential for conserving the biodiversity on which the human race depends. However, the "fine and fences" preservationist approach to conservation has proved ineffective and it has been determined that often degradation occurs due to a lack of synchronisation between communities and their environments. This has led to the development and adoption of the community-based natural resource management (CBNRM) approach to conservation. The main principle of CBNRM is that traditional knowledge be applied and user-rights be legally devolved to indigenous communities in order to sustainably manage and conserve natural resources. Indigenous and community conserved areas (ICCAs) can be viewed as a tool to promote CBNRM. Communities voluntarily establish ICCAs and if the ICCA is recognised in legislation, they are then awarded a bundle of rights to manage and use resources while simultaneously implementing conservation activities. Certain key prerequisites are required in legislation and policy to promote effective and equitable ICCAs, including rights to land tenure, management and access, use and benefits to natural resources on communal land. Namibia has adopted a novel approach to CBNRM by the establishment of three types of ICCAs – conservancies, community forests and wildlife concessions. Different bundles of rights are awarded to communities who establish these ICCAs. Namibia has various policies and acts influencing the awarding of rights. These include the constitutional rights and freedoms, the amended Nature Conservation Ordinance, the Communal Lands Reform Act, the Traditional Authorities Act, the Forest Act and a variety of policies. Conservancies and community forests have benefit-sharing plans in place and cash revenues and non-economic benefits are shared equitably amongst members, therefore empowering the community as a whole. Communities adjacent to or within protected areas, to which concessions are granted, are able to enjoy access to resources within the protected area. One major shortcoming of Namibia's CBNRM legislation is the lack of secure land tenure in terms of property rights awarded to ICCAs. Without property rights, conservancies are not able to exclude outsiders from the communal state-owned land on which they are situated which leads to open access issues and lack of incentive to implement efforts to conserve natural resources. Although issues are still present, the Namibian legislature contains the basics of a successful national CBNRM movement.
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    A critical assessment of whether shale gas extraction (hydraulic fracturing) conforms with the underlying principle of sustainable development
    (2016) Van der Walt, Robert; Glazewski, Jan
    It 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.
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    Decentralisation of water resource management : a comparative review of catchment management authorities in South Africa and Victoria, Australia
    (2015) Mokoena, Karabo; Glazewski, Jan
    By 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.
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    The development of Namibia's renewable energy regime
    (2015) Heita, Natalia Ndatilohamba; Glazewski, Jan; Young, Michaela
    As 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.
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    Facilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areas
    (2015) Birgen, Rose Jeptoo; Paterson, Alexander
    The goals of conserving nature have changed over the last decades, but setting aside areas for nature protection is still a major part of environmental efforts globally. Protected areas often include indigenous and local communities' territories, and although indigenous rights have been strengthened through international policies and laws, conflicts over land entitlement are still common. A couple of notable events internationally in the context of Human Rights and nature conservation discourses have marked a significant shift in the attitudes and approaches to the role of indigenous people and local communities in natural resource governance. Contemporary approaches enable them to define themselves and to own and manage land and natural resources. Domestic policy makers are faced with the challenge of creating national laws and policies to implement this contemporary approach. This thesis looks at the concept of ICCAs as a tool for facilitating participation of indigenous and local communities in natural resource management. It begins with an analysis of the form, nature, origins and value of ICCA's- and specifically key legal elements which should ideally be included in a legal framework to give domestic effect to them. This analysis indicates that in order to recognise and protect the indigenous people and local communities and for ICCAs to be a success, their land tenures and resource rights have to be legally secured, they have to be deliberately involved in management of natural resources and they have to enjoy the benefits that arise as a result of their input and use their traditional knowledge to protect and conserve natural resources. The dissertation then turns to consider whether these elements are present in Kenya's legal framework. 2010 is used as a benchmark because of the significant reform introduced giving an edge in the way indigenous people and local communities and their contribution to natural resource management were recognised.
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    Facilitating public interest environmental litigation through locus standi: a comparative analysis of South Africa and Germany
    (2017) Brennecke, Nicolas; Paterson, Alexander
    The purpose of this dissertation is to undertake a critical and comparative review of South Africa and Germany's legislation and jurisprudence of relevance to facilitating public interest environmental litigation through the liberalisation of locus standi requirements. The dissertation presents the theoretical framework and explains the origin of public interest litigation and defines the term and its growing impetus in the environmental context. It further examines the term locus standi and the inherent link of public interest litigation with the liberalisation of locus standi requirements. Furthermore, it presents the theory behind the key elements which kind of interest is sufficient to found locus standi, which persons/entities are accorded locus standi, and which procedural issues such as environmental costs relate to locus standi. Regarding South Africa, the dissertation demonstrates how the traditionally restrictive approach regarding locus standi entirely changed with the adoptions of the 1994 Interim and 1996 Final Constitutions and the 1998 NEMA, which have broadly enhanced plaintiffs litigating in the public interest in environmental matters. Apart from the pre-Constitutional context and the current legal framework, it evaluates the new approach with reference to court decisions and how these have addressed the aforementioned key elements influencing locus standi. Regarding Germany, the dissertation examines how its legal system, historically always focused on the protection of individual rights, has been extensively influenced by both international law such as the Aarhus Convention and European Union (EU) law, which have both promoted wider access to courts in environmental litigation. This part also examines both the legal framework and court decisions and the issue of how these court decisions have dealt with the three key elements. While the dissertation concludes that South Africa has liberalised its locus standi requirements in a more consistent manner, it argues that the liberalisation of locus standi requirements has not opened the often-feared floodgates in both jurisdictions. The dissertation presents the specific lessons Germany can learn from South Africa to facilitate public interest environmental litigation. On the one hand, it can learn from South Africa's clear and ambitious legal framework and from its mostly correspondingly progressive court decisions as well, while on the other hand some court decisions do not follow suit. Furthermore, the dissertation also illustrates the significant obstacles to implementing these lessons in Germany. Regarding the range of plaintiffs that are accorded locus standi, it argues that neither international nor EU law have demanded Germany to implement such a wide extension of locus standi requirements as in South Africa. Concerning the kind of interest plaintiffs must show, Germany is under no obligation to give up its focus on the protection of individual rights entirely either. Regarding this issue and the issue of environmental costs, the dissertation concludes that in Germany there is still urgent need for reforms such as properly implementing the Aarhus Convention, though.
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    From 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, Jan
    The 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.
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    Legal measures for the prevention of oil pollution by ships and civil liability for oil pollution damage in South African marine and coastal waters
    (2015) Chetty, Sarika
    This paper will look at whether the legislation passed in South Africa aimed at preventing and prohibiting oil pollution, as well as current civil liability regimes for oil pollution accidents are adequate or if they fail to meet the standard required by international law. For instance, compensation for the damage and harm caused to the environment is vital in order to restore the sea and prevent further accidents. In terms of civil liability, South Africa ratified the Convention on Civil Liability, but failed to enact domestic legislation in terms of the Convention to regularly update current legislation so that the standards are high and enforceable in national law. The result was that South Africa was left financially unprepared to deal with future oil spills and prevention thereof.
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    Lloyd's open form 1980 and 1990: born of necessity, has it succeeded?
    (1994) Shadel, Tendresse N'Deyh; Hare, J
    In earlier shipping days, salvage services were often provided to vessels and maritime properties in danger at sea by individual acts. This was done without salvage contract between the parties. The recent availability of instantaneous means of communication and especially motor driven vessels has resulted in services in the nature of salvage having come to be governed frequently by an agreement in which both the provider and the recipient have been held to owe duties to each other. A factor contributing to this development was the introduction of· Standard Forms of Salvage Agreements. These provided for quantification of the salvor's remuneration by arbitration if it could not be agreed upon by the parties.
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    Maritime mortgages: a question of priority
    (1996) Mannion, Peter William
    The use of a ship, her cargo and appurtenances as a means of securing a debt in relation to that ship, incurred by her master or owner, has a history that can be traced back to Roman law. Early references to the practice may be found in the Digest of Justinian Book 42 dealing with privileges over property, where Paulus is quoted as saying: "Anyone who has lent money for the purposes of building, equipping or even purchasing a ship, is entitled to this privilege" or where Marcian; states: "A claim for money advanced for the building, purchase, fitting out, or equipping of a ship in any way, or one in respect of the sale of a ship takes precedence after a claim by the imperial treasury. " Both today would in all likelihood constitute a mortgage. In seeking to trace the origins of the maritime mortgage the 'Rolls of Oleron' present an early definitive recording of what may be described as being a 'pledge' of a ship's equipment by the master if he required money for the expenses of the ship in a foreign port. This process is likely to have given rise to what later become known as a 'bottomry' bond, believed to be the early forerunner of the maritime mortgage bond, and described by Lord Stowel in the [Atlas] 1827 as: "The hypothecation or bottomry bond known to the civil law, and acted upon with a undoubted authority by this Court." This form of bond, which had a similar form over cargo known as the 'respondentia' bond, allowed the master who was short of cash or credit, to acquire money to effect repairs to his ship and her equipment so as to complete her journey. Lord Stowell opined5 that this process was well known in Roman law, known as the usura maritima or foenus nauticum. It allowed the lender, whose security was contingent upon the safe arrival of the vessel at her determined port, to value his risk. This was so because the loss would be his entirely if the vessel came to grief along the way. The lendor therefore set his interest accordingly, with that eventuality in mind.
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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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    Poaching in context: a critical review of the role that corruption and criminal syndicates play in wildlife crime in South Africa, specifically in so far as it relates to the poaching of rhinoceros
    (2017) Strydom, Tanya; Feris, Loretta
    Wildlife crime is a longstanding problem. People have always considered living and non-living species as resources and tradable products used for pure economic gain, which then has a negative effect on biodiversity. In addition, wildlife crime involves poachers; armed non-state actors from source nations; international crime groups; institutional corruption across global network chains and a range of players involved in demand countries, which range from organized criminal syndicates, non-state actors and legitimate authorities. States and the International community are responding to wildlife crime in the form of law enforcement and regulatory initiatives. The question therefore arises, why does wildlife crime persist and what is the driving force behind these crimes and the people involved. For example, despite the broad legislative framework, the enforcement or rather lack thereof seems to be the reason that South African rhinos are still facing destruction. This paper aims to evaluate what the relationship is between wildlife crime with rhino poaching as a focus point, corruption and organised crime. It discusses the current enforcement framework, and investigates why the enforcement framework is not supporting the legislative framework. Lastly practical and structural solutions will be discussed and evaluated.
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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.
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    Providing for the effective domestic implementation of rights of nature: a critical discussion
    (2017) Bittermann, Benjamin; Paterson, Alexander
    The earth and its inhabitants face significant environmental challenges. So far, the existing legal attempts have failed to address these challenges. The development of the last decades shows that the state of the environment has steadily worsened. Therefore, it is essential to explore new approaches. The concept of rights of nature offers a new legal perspective for creating a more effective approach to environmental regulation than traditional anthropocentric approaches. Rights of nature form part of a relatively new movement called Earth Jurisprudence which calls for a fundamental rethink of law. The concept of rights of nature requires that nature be accorded its own legal right. In order for rights of nature to be effective, their implementation must consider and overcome several procedural and substantive challenges. This dissertation explains the origins, form and nature of existing domestic rights of nature, and then critically analyses the main procedural and substantive challenges for their effective implementation in domestic legal frameworks. The most crucial procedural constraints are standing and representation of rights of nature whereas the most problematic substantive challenges are to define the scope of the right and to balance rights of nature with other rights. Having unpacked these challenges, the dissertation then explores possible solutions to overcome them. It comes to the conclusion that – amongst others - the key prerequisites for an effective implementation are to establish rights of nature as a constitutional right and to concisely define its content. Finally, the dissertation provides a set of guidelines for effectively implementing rights of nature into a domestic legal regime as well as a proposal for the wording of a rights of nature norm.
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    Regulating land-based sources and activities causing pollution of the coastal and marine environment in South Africa, Kenya and Nigeria within the context of integrated coastal zone management
    (2015) Kadiri, Temitope Emmanuela; Glazewski, Jan
    This thesis outlines and critically assesses the regulation of land-based sources and activities causing pollution (LBSA) in the coastal and marine environment in two broad areas of sub-Saharan Africa, the West and Central African Region (WACAF) and the West Indian Ocean (WIO) region. These two regions are both endowed with a diversity of life forms and resources that support large populations of coastal communities. The legal and institutional aspects are outlined and examined against the theoretical backdrop of the relatively new concept of integrated coastal zone management (ICZM), the goals of which are to ensure that decisions taken in all sectors regarding the environment and at all levels of government are harmonized and consistent with countries' coastal policies in order to achieve sustainable development of coastal and marine areas. More specifically, the work examines the international soft and hard law developments as well as regional legal developments, paying particular attention to the two UNEP initiated Conventions in the regions namely the 1985 Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African region (Nairobi Convention) and the 1981 Convention for the Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region and its Protocol concerning Cooperation in Combating Pollution in Cases of Emergency (Abidjan Convention), as well as their respective Protocols. The work concludes by examining the extent to which these international and regional developments have been incorporated in the legal and institutional framework structures of three select countries namely, Kenya (representing the WIO) region, Nigeria (representing the WACAF region) and South Africa on the interface of both regions. This study reflects the laws and policies as of December 2013.
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    Regulating the disclosure of chemical additives in the hydraulic fracturing process: a comparative analysis between Canadian and South African Law
    (2016) Mc Michael, Luke; Glazewski, Jan
    Broadly defined, hydraulic fracturing is a stimulation technique used in the oil and gas industry to create additional permeability through creating fractures in an unconventional gas reservoir. Desktop estimates predict that shale deposits beneath the semi-desert Karoo region in South Africa could hold a reserve of up to 450 trillion cubic feet. After initially imposing a moratorium on fracturing throughout South Africa, the South African government has recently changed track and is now intent on pursuing hydraulic fracturing and shale gas extraction in the Karoo. Arguably one of the main concerns with regards to hydraulic fracturing in the water scarce Karoo is that the fluids used to fracture rock formations can contain chemical additives that could contaminate scarce water resources and pose a risk to human health. In order to be in a better position to protect the environment and their health, members of the public need access to information on what chemical additives are used in fracturing operations. South Africa's access to information regime is primarily regulated in terms of the Promotion of Access to Information Act, 2000 which gives effect to the right to access to information in section 32 of the Constitution of the Republic of South Africa. There is no guarantee that information on chemical additives will be disclosed or withheld as the Act allows companies to withhold information for a number of reasons, including that the information may constitute a trade secret or confidential commercial or technical information. In June 2015 South Africa adopted the Final Regulations for petroleum exploration and exploitation in terms of the Mineral and Petroleum Resources Development Act, 2002. The Final Regulations include specific provisions on disclosure on chemical additives. However, the Final Regulations are riddled with uncertainty and loopholes that may seriously impede their ability to protect water resources from the chemical additives contained in fracturing fluids. As currently framed it is unclear whether or not information on chemical additives must be publically disclosed. Some lessons can be learned from regulatory experience in Canada in Alberta and British Columbia, for example the public disclosure of chemical additives on the website www.fracfocus.ca. However, a number of loopholes have undermined the effectiveness of regulation in Canada. The most prominent loophole is the fact that companies frequently withhold information on the chemicals they use on the basis that this information is a trade secret. The dissertation concludes that it cannot be said that South Africa's laws that regulate the disclosure of chemical additives will guarantee that fracturing will occur in a manner that is constituent with the right to an environment that is not detrimental to a person's health and wellbeing.
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    The regulation of sand mining in South Africa
    (2012) Green, Stewart Christopher; Feris, Loretta
    Sand, an important input to the construction industry, is extensively mined from the environment leading to depletion of the resource as well as damage to riparian habitat and the alteration of river beds and banks. Sand mining in South Africa is controlled by a complex regulatory system that can be distilled into three main themes: mineral regulation; environmental regulation; and land use planning regulation. In this thesis, it is hypothesised that sand mining is subject to all three regulatory themes equally. In practice, however, the regulatory system is skewed in favour of mineral regulation with the effect that the latter two themes are effectively ignored by sand miners.
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    South Africa's proposed new Marine Protected Area around the Prince Edward Islands: an analysis of legal obligations, options and opportunities
    (2006) Nel, Deon C; Gibson, John; Glazewski, Jan
    In June 2004, the South African Minister of Environmental Affairs and Tourism, Minister van Schalkwyk, announced South Africa's intention to declare one of the largest MPAs in the world around its sub-Antarctic Prince Edward Islands. It was clear from the announcement that the objective of the proposed MPA was for both fisheries management purposes as well as conservation of marine ecosystems and biodiversity in the area. As a first step the Minister announced that the current “no-fishing” zone would be extended from 8 to 12 nautical miles. This was done a few months later by means of an amendment to fishing regulations for licensed South African vessels fishing for Patagonian toothfish Dissostichus eleginoides. This announcement followed South Africa's recent declaration of four new MPAs along its continental coastline, bringing the proportion of its coastline under MPA protection to 18%. These developments are consistent with international efforts1 to increase the proportion of marine habitats under formal protection, and follow a greater appreciation over the last decade for the role that MPAs can play in both fisheries management and conservation of marine ecosystems.