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

Doctoral Thesis

2015

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University of Cape Town

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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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