The Baboon Behaved Impeccably’: Animal rights and welfare in South Africa, some recent foreign judgments, and the case of Macrae v State [SCA, 2014]

by | Oct 10, 2019 | SAJELP, SAJELP 2016

The Baboon Behaved Impeccably’: Animal rights and welfare in South Africa, some recent foreign judgments, and the case of Macrae v State [SCA, 2014]

Authors Ed Couzens, Adrian Bellengère, Meda Couzens, Devarasi Bellengère

ISSN: 2616-8499
Affiliations: Associate Professor, Sydney Law School, University of Sydney; Senior Lecturer, School of Law, University of KwaZulu-Natal; Honorary Research Fellow, School of Law, University of KwaZulu-Natal; Lecturer, School of Law, University of KwaZulu-Natal
Source: South African Journal of Environmental Law and Policy 2016, p. 239 – 269

Abstract

None

The Palala Judgment: A Harmonious relationship between the Mineral and Petroleum Resources Development Act and the Companies Act?

by | Oct 10, 2019 | SAJELP, SAJELP 2016

The Palala Judgment: A Harmonious relationship between the Mineral and Petroleum Resources Development Act and the Companies Act?

Authors Amanda ZT Mkhonza

ISSN: 2616-8499
Affiliations: Attorney, Centre for Environmental Rights
Source: South African Journal of Environmental Law and Policy 2016, p. 225 – 237

Abstract

None

An overview of sustainable tourism development in transfrontier conservation areas (TFCAs): A legal perspective

by | Oct 10, 2019 | SAJELP, SAJELP 2016

An overview of sustainable tourism development in transfrontier conservation areas (TFCAs): A legal perspective

Authors Amanda Mugadza

ISSN: 2616-8499
Affiliations: Part-time Legal Research Assistant, Faculty of Law, North-West University (Potchefstroom Campus)
Source: South African Journal of Environmental Law and Policy 2016, p. 209 – 224

Abstract

None

SDGs framework as the blueprint for climate change action and sustainable development in Africa: Role of law and parliamentarians

by | Oct 10, 2019 | SAJELP, SAJELP 2016

SDGs framework as the blueprint for climate change action and sustainable development in Africa: Role of law and parliamentarians

Authors MT Ladan

ISSN: 2616-8499
Affiliations: Professor of law, Ahmadu Bello University, Zaria, Nigeria
Source: South African Journal of Environmental Law and Policy 2016, p. 159 – 207

Abstract

The Sustainable Development Goals (SDGs) aim at tackling key systematic barriers to sustainable development such as inequality, poverty, unsustainable consumption and production patterns, inadequate infrastructure and lack of decent jobs. The SDGs provide useful guidance for shaping law, policy and practice for implementation of effective and ambitious climate change action. Specifically, they exhort nations to share innovation and prosperity, promote global cooperation and solidarity, and ensure that equality and Climate Justice are promoted and attained. It is against this background that this paper seeks to establish a significant nexus between the SDGs, human rights and climate change; examine the role of law and parliaments in the progressive realization of the SDGs; and to conclude with some viable options for Africa.

The regulation of offshore seismic surveys for petroleum resources in South Africa’s maritime realm

by | Oct 10, 2019 | SAJELP, SAJELP 2016

The regulation of offshore seismic surveys for petroleum resources in South Africa’s maritime realm

Authors Vishal Surbun

ISSN: 2616-8499
Affiliations: Lecturer, School of Law, University of KwaZulu-Natal, Durban; Attorney and Notary Public of the High Court of RSA
Source: South African Journal of Environmental Law and Policy 2016, p. 129 – 157

Abstract

Advances in technology are transforming the way oil is found and extracted, and this has opened up the vast energy potential of South Africa’s maritime realm. In this regard, specialist hydrographic survey vessels explore the sub-sea geological formations for potential oil and gas reserves. This article considers the environmental impact of these surveys on marine ecosystems and examines the legislative framework for regulating seismic surveys under the Mineral and Petroleum Resources Development Act of 2002 (MPRDA). It then examines, in detail, the change in the legislative regime to bring the environmental authorisations — in terms of the MPRDA — to the system under the National Environmental Management Act, 1998 (NEMA), and its practical application to seismic surveys. Finally, the 2012 Amendment Bill to the MPRDA and the consequences with regard to seismic surveys, are discussed.

The impact of the precautionary principle on civil and criminal liability: A French perspective on South African law

by | Oct 10, 2019 | SAJELP, SAJELP 2016

The impact of the precautionary principle on civil and criminal liability: A French perspective on South African law

Authors Jonas Knetsch, Romain Ollard

ISSN: 2616-8499
Affiliations: Professor of Civil and Comparative Law, University of Reunion Island (France); Professor of Criminal and Civil Law, University of Reunion Island (France)
Source: South African Journal of Environmental Law and Policy 2016, p. 103 – 128

Abstract

French law and South-African law are among the few legal systems in the world which have constitutionally enshrined the precautionary principle (principe de précaution). Under this principle, public authorities are required to take into account the limits of current knowledge in order to secure an ecologically sustainable development. This paper discusses whether the precautionary principle is likely to have an impact on civil and criminal liability rules. The outcomes of this research are intended to provide further input for a broader debate on the influence of the Constitution on the concept of liability.