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- ItemOpen AccessSouth 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, JanIn 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.
- ItemOpen AccessTowards a workable renewable energy framework in South Africa(2010) Jooste, Dustin; Paterson, AlexanderThis dissertation aims to determine whether a workable legal framework for renewable energy (RE) exists in South Africa by comparing the country‘s existing policy and legislative frameworks in order to highlight strengths and weaknesses, and juxtaposing this overall position against contemporary foreign legislation from the United States in an effort to discern relevant and viable best practices. Key issues that are considered include: the Government‘s commitment to RE and energy efficiency; environmental protection and RE as drivers for social development; job creation and sustainable economic growth; the governance of and relevant institutions in the energy sector; public participation, education and access to information in terms of RE; and, finally, the use of market-based instruments for the support of RE in South Africa. The research found that South Africa‘s legal framework is largely on par with international best practice in terms of the above issues. Rather than a lack of substantive content in the legal framework, implementation and political commitment (buy-in) appears to be inadequate. However, issues on which South Africa‘s legal framework is found to be wanting include: a lack of binding RE targets and full costing in the energy sector; the Government‘s reluctance to enter public–private partnerships despite its current lack of capacity; and an almost unfettered executive discretion in terms of RE development and deployment. This dissertation concludes that the Government has failed to take a long term view of the energy sector, choosing, instead, to accomplish interim social upliftment through short-term utilization of coal power at the expense of the environment and future generations. This points to inadequate transparency and institutional accountability in the sector. Vague legislative mandates and a seeming lack of political will and insight in South Africa necessitates a comprehensive legislative review before RE can play a part in the future development of the country.
- ItemOpen Access'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa'(2008) Liwanga, Roger-Claude; Calland, RichardFreedom of expression is constitutionally protected by the 1996 Constitution of South Africa. The constitution makes special provision to include freedom of the press and other media, freedom to receive or impart information or ideas, freedom of artistic creativity, academic freedom and freedom of scientific research. [FN11 However, the scope of freedom of expression does not cover the propaganda for war, incitement of imminent violence and advocacy of hatred based on race, ethnicity, gender or religion. [FN21 While freedom of expression constitutional protected, it is not the paramount value. It is limited as well by section 36 of Constitution, with the possibility of one being charged with defamation. Defamation is a public communication that tends to injure the reputation of another. [FN31 It includes both libel (written defamatory statement) and slander (oral ones). [FN41 Most jurisdictions, including South African, allow legal actions, civil and/or criminal against the defamatory statement. In the Court, therefore, in order to be found innocent, the defendant has to establish the "truth" of his/her statement. Failing to do so implies his/her liability and/or guilt.
- ItemOpen AccessExploring the legal means of enhancing access to essential medicines in South Africa(2008) Moyo, Admark; Chirwa, Danwood MThe introduction of ARVs to the care and treatment of HIV and AIDS must comply with South African patent law and international obligations under the TRIPS agreement. However, the prices of patented and/or branded drugs supplied by the manufacturers may prevent equitable access to necessary drugs for South Africans. Recent international trade agreements and the South African law provide a number of ways to address this dilemma. Therefore, if it is deemed necessary and expedient, the government may consider the implementation of measures such as voluntary licensing, compulsory licensing and parallel importation to purchase drugs at affordable and favourable prices (my emphasis).
- ItemOpen AccessSaisie conservatoire and the Admiralty action in rem: estranged cousins: a comparative analysis between South African and French Admiralty law(2008) Deborah Hernandez; Bradfield, GrahamThroughout centuries of conquest, trade and new horizons discovered, sea-going. vessels have always been the most important device in every maritime voyage. The specific statute of vessels within maritime ventures justifies the fact that they have always been coveted by maritime investors or creditors, as they have been considered the symbol of riches. The covetous attitude towards vessels in maritime law forces seamen to be very protective towards their property: they give them affectionate names, personalities (in English grammar, 'ship' is the only word having a gender), a statute, an object needing protection: She becomes the apple of their eye. Even if today, the dimension of our world, the Globalisation of our trade, our new consumption habits have drastically modified the mission of ships and vessels at seas, one element still links our contemporary world to our maritime past: the economic value of the ship.