Category Archives: Environmental Law

The Global Pact for the Environment: A Critical Evaluation

A critical evaluation of the Global Pact for the Environment is undertaken with reference to the historical development of human rights and their link to the development of environmental rights; other initiatives to develop a comprehensive global treaty and motivation for the inclusion of distinctive environmental law principles and rights which should be included in the Global Pact.

I INTRODUCTION

The environment and environmental protection have only relatively recently become a matter of international concern. As such, the development of an internationally recognised environmental right has been a topic of much interest and debate: should there be a right to a healthy environment?.. Read More

Environmental Law: Sustainable Development and Planning

Sustainable development is an evolving concept in both international and domestic environmental law.

The intellectual foundation thereof was laid in Bruntland’s vision of Our Common Future, a report by the World Commission on Environment and Development. The concept was initially constructed in an attempt to resolve the conflicting needs of development and environmental protection. The original definition thereof affirms this as “…development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

It has developed over the past three decades through a number of hard and soft law instruments. .. Read More

Fracking in the Karoo: It all now hinges on the environmental assessment and the law.

The first “green” light has been given to shale gas fracking in the Karoo basin. The South African government promulgated the relevant regulations authorising exploration and the process has begun.

However, it is a condition that exploration and production activities related to petroleum are subject to the requirements of the National Environmental Management Act and any relevant specific environmental management legislation.

Before exploration and production activities related to petroleum may commence, the holders must be  in possession of an Environmental Authorisation issued in terms of the Environmental Impact Assessment Regulations, 2014... Read More

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