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