Obituary: John Milton
Obituary: John Milton
Authors Michael Kidd
ISSN: 2616-8499
Affiliations: None
Source: South African Journal of Environmental Law and Policy 2017, p. 255 – 258
Abstract
None
Keeping the rhino (debate) alive: Swaziland’s proposal at CITES CoP17 in 2016
Keeping the rhino (debate) alive: Swaziland’s proposal at CITES CoP17 in 2016
Authors Laurenne Coetzee, Ed Couzens
ISSN: 2616-8499
Affiliations: Masters Env. Law candidate, University of Sydney Law School; Associate Professor, University of Sydney Law School
Source: South African Journal of Environmental Law and Policy 2017, p. 217 – 254
Abstract
Rhinoceros poaching is currently at crisis levels, particularly in South Africa — the country having lost more than 7,000 animals in the last decade from a population of approximately 25,000. One of the most successful conservation programmes of all time, the recovery of the rhinoceros, is now seriously threatened. No single measure at present seems capable of preventing poaching, given the strength of the criminal networks driving the illegal trade and the capacity of the market which the illegal trade is supplying. At the 17th Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), in 2016, Swaziland put forward a proposal to open a legal market for rhino horn — a proposal which Swaziland must have known was doomed to fail, given the current strength of international concern over the poaching crisis. That Swaziland still thought it worth putting the proposal forward probably indicates that the country wished to keep its sustainable use philosophy ‘on the agenda’. If a legal trade is to provide part of the eventual solution, then it is unlikely that it will ever do so on its own, however — what is therefore needed is for the proponents of a legal market to demonstrate how exactly it would complement, supplement and support other efforts. South Africa, following a Committee of Enquiry’s recommendation that such an integrated approach be adopted, did not put forward a proposal at CITES CoP 16 and is now moving toward greater integration of strategies. Ultimately, it may be that a legal trade will be an element in a successful suite of management options; and for that reason Swaziland’s proposal, insofar as it kept this option in the public eye and reminded Parties of the an interest that needs to be accommodated, is worth considering and locating within the complicated overall context.
A note on licences as property: Some implications for the South African water regulatory regime
A note on licences as property: Some implications for the South African water regulatory regime
Authors Germarié Viljoen
ISSN: 2616-8499
Affiliations: Senior Lecturer in Law, North West University
Source: South African Journal of Environmental Law and Policy 2017, p. 195 – 216
Abstract
A completely new water law dispensation, amounting to a regime change, was introduced with the National Water Act 36 of 1998. With the legal transformation, the traditional exclusive private law ownership-object approach to water resources evolved into a rights-based approach. As South Africa is regarded as one of the most water scarce countries in the world, where water restrictions are being imposed on inter alia farmers and industries due to the lingering drought, the importance of investigating the nature of water use rights within the new water regulatory regime is self-evident. This article seeks to determine whether the regulatory regime for the sale of liquor in the Eastern Cape, as deliberated upon in Shoprite Checkers (Pty) Limited v Member of the Executive Council for Economic Development, Environmental Affairs and Tourism 2015 (6) SA 125 (CC), may provide insight into implications for licence holders in the new water regulatory regime of South Africa.
Protected areas law, mining and the principle of non-regression – a South African perspective
Protected areas law, mining and the principle of non-regression – a South African perspective
Authors Alexander Paterson
ISSN: 2616-8499
Affiliations: Professor, Institute of Marine and Environmental Law, Faculty of Law, University of Cape Town
Source: South African Journal of Environmental Law and Policy 2017, p. 142 – 194
Abstract
Protected areas provide numerous essential ecological, climatic, cultural, social and economic functions. Not surprisingly, the international community has set targets for both protected areas coverage and management effectiveness, crucially reflected in Aichi Target 11 agreed to by parties to the Convention on Biological Diversity in 2010. South Africa is some way off meeting its domestic contribution towards the attainment of these targets by the 2020 deadline. The government can ill afford to allow the current coverage or management effectiveness of its protected areas to regress in any manner. However, if recent events are anything to go by, the above reality is not shared by all sectors of the South African government. The past few years have seen the controversial grant of prospecting and mining rights within or in close proximity to several of South Africa’s protected areas. These mining activities hold significant potential to regress the conservation objectives of protected areas. This notion of regression is subject to increasing attention of legal scholars, advocating for recognition of the principle of non-regression as a new principle of environmental law; and highlighting the key role it could play in both halting the ‘systematic regression’ of biodiversity laws and promoting the attainment of global and domestic biodiversity targets, including Aichi Target 11. Within this context, the article explores the extent to which the principle of non-regression has, or perhaps could further, influence the form, content, interpretation and application of South Africa’s protected areas legislation with a view to precluding the regressive impact of mining activities on the country’s terrestrial protected areas.
Regulation of Chinese infrastructure companies’ environmental and social impacts in host countries overseas: A study of the Chinese-built standard gauge railway project in Kenya
Regulation of Chinese infrastructure companies’ environmental and social impacts in host countries overseas: A study of the Chinese-built standard gauge railway project in Kenya
Authors Bingyu Liu
ISSN: 2616-8499
Affiliations: None
Source: South African Journal of Environmental Law and Policy 2017, p. 101 – 141
Abstract
China has rapidly become one of the world’s biggest overseas investors, and has increasingly encouraged more companies to go abroad. As part of China’s ‘One Belt One Road’ Initiative, Kenya’s Standard Gauge Railway (SGR) aims to promote trade and investment for Kenya and other countries in Eastern Africa. The railway construction is done by the China Road and Bridge Corporation (CRBC). Since the construction of the project, the SGR has sparked controversy on its community and environment impact, contracting practices, and financing arrangements. This article will analyze the environmental and social impact of the second phase of SGR’s construction (Mombasa-Nairobi)on the local communities and people. Specifically, the article addresses three questions: What is the CRBC’s environmental and social performance in the Mombasa-Nairobi SGR project in practice? What are the most important factors that influence the CRBC’s environmental and social behavior? What are the legal implications of the SGR project on other Chinese infrastructure building investments overseas in the future? This research was conducted through in-depth interviews with over 30 stakeholders, extensive review of publicly available documents, and two field visits to project sites between September and December 2016. The article uses the Mombasa-Nairobi SGR project as a case study to show how this Chinese state-owned company has tried to tackle environmental and social pressures, comply with Kenyan domestic and international environmental standards, and fulfill its corporate social responsibilities during construction. It examines the role of different stakeholders, including the Kenya government, the Chinese government, the China Export-Import Bank, the CRBC and third-party monitoring parties during the environmental and social impact assessment (ESIA) stage of the project. The article then examines the regulatory factors that have asserted the greatest impact on the CRBC’s environmental behaviors, and hence, the implication of this project for Chinese infrastructure construction companies in the future. The article will show that the SGR case, in demonstrating good cooperation between the home country government, host country government, financial institution, overseas infrastructure company and third-party monitoring parties involved in the project, can serve as a model for future Chinese infrastructure investment in African countries.
Challenges and strategies in the regulation of industrial pollution in Ethiopia: An overview
Challenges and strategies in the regulation of industrial pollution in Ethiopia: An overview
Authors Tsegai Berhane Ghebretekle
ISSN: 2616-8499
Affiliations: None
Source: South African Journal of Environmental Law and Policy 2017, p. 74 – 100
Abstract
Ethiopia offers an important case study on the role of law in regulating industrial pollution in developing countries. In the past decade, Ethiopia’s pursuits toward rapid economic growth have been at a high cost, with serious implications for the environment through industrial pollution. Ethiopia has taken steps to introduce industrial pollution legislation since 2002 with a view to eliminating or, when not possible, to mitigating pollution as an undesirable consequence of social and economic development activities. However, the Proclamation has not fared well with regard to the realization of its schemes and strategies. The new pollution control legislation i.e. The Industrial Park Proclamation No. 886/2015 embodies schemes and strategies to resolve the underlying tension in the country’s development agenda—the tension between the need to industrialize and to regulate industrial pollution. The legislation envisages that economic growth and environmental protection are possible at the same time. The effectiveness of Proclamation No. 886/2015 which deals with Industrial Parks remains to be seen.