A Critical Review of Some Issues and Essential Elements in Constitutional Environmental Rights in an African Context with some Illustrations from South Africa and Swaziland | Chapter 6 | Challenging Issues on Environment and Earth Science Vol. 1

Recent studies have shown that it is relatively new to the jurisprudence of constitutional environmental protections and requirements. The goal of this research was to review and synthesise literature with reference to South Africa and Swaziland on the underlying fundamental principles and patterns of constitutional environmental rights in Africa. Three recognised approaches to environmental rights are also recognised: anthropocentric (people-centered), ecocentric (environment-centered), theo-cultural and theocentricism (of culture and religion). Procedural, substantive, and unity are forms of environmental rights. In addition, environmental rights types include civil and political rights, also known as negative (enforceable) rights, and socio-economic rights, also called positive rights (not easily enforceable and requires state resources). The establishment and enforcement of environmental rights is assisted by many state, regional and international policies and legislation. For African countries, the African Charter on Human and People's Rights is relevant. Public engagement, the collection and distribution of environmental information, the creation and implementation of environmental legislation, policies and programmes, environmental compliance and enforcement, the provision of environmental infrastructure, the setting up of environmental collaborations and environmental education are important elements for the fulfilment of environmental rights. In particular, Africa, South Africa and Swaziland were found in this analysis to have embraced, to varying degrees, the principle of constitutional environmental rights and provisions. Consequently, to facilitate the protection of environmental rights, policies and regulations are in effect.

Author (s) Details

Dr. Cliff Sibusiso Dlamini
Center for Coordination of Agricultural Research and Development for Southern Africa (CCARDESA), Plot 4701, Station Exit Road Private Bag 00357, Gaborone, Botswana.

View Book :- https://stm.bookpi.org/CIEES-V1/issue/view/33

A Brief Overview of the South African Legal Framework for Marine Pollution with Reference to Land-Based Marine Pollution | Chapter 5 | Challenging Issues on Environment and Earth Science Vol. 1

In the Republic of South Africa, there are numerous legal instruments that provide guidelines and legislative procedures for processes and issues relevant to marine pollution. The aim of this analysis is to briefly review and synthesise the legislative structure literature. It also becomes unclear from a collection of documents looked at, which one is relevant to whom, under what conditions and to what degree. In this regard, some light is shed here, showing, most importantly, the irreplaceable and authoritative text that holds sway over others. In addition, the analysis quickly mentions classification of laws and regulations based on common law, doctrines of general application statutes of the equity band. Four primary sources are used by the South African Legal System: laws, court rulings, common law, customary law and indigenous law. While case laws and indigenous laws have not been discussed in any way, as environmentalism is a relatively new field of social practise, the explanation for this is not farfetched. In dispute resolution and arbitration, the question of dominance is addressed, citing a noteworthy international case that is applicable to any signatory to the United Nations Convention on the Law of the Seas. Light is shed on the root basis of the legal system of marine pollution, citing main parts of the Republics, Constitution, statutes of the environment, policy papers, and bye laws. As the synchronous use of bye laws is disclosed, the characteristics enshrined in the United Nations Convention of the Law of the Seas are unpacked in both objects. There is also an attempt to list four wide areas around which cases of marine pollution could require adjudication. In addition, the report looks at liability problems with the state itself, which seems to be the e perpetrator (or not). A case from the Pace International Law Review exemplifies this. Using a theory unpacked in the Corfu Channel Case of 1949 and the Declarations that followed, customary law and general international principles of law are brought into review. The prominence of the National Environment al Management Act (NEMA) is identified in the light of the presence of the other bye laws by looking at the South African general legislative structure. Before wrapping up the threats, opportunities, and conclusions, procedural steps taken in the management of marine pollution are highlighted.

Author (s) Details

Dr. Cliff Sibusiso Dlamini
Center for Coordination of Agricultural Research and Development for Southern Africa (CCARDESA), Plot 4701, Station Exit Road Private Bag 00357, Gaborone, Botswana.

View Book :- https://stm.bookpi.org/CIEES-V1/issue/view/33