PER: 2006 Volume 9 No 1
31 May 2006
- Land Restitution through the Lens of Environmental Law: Some Comments on the South African Vista / Du Plessis, A
- Risk Management And Liability For Environmental Harm Caused By GMOS – The South African Regulatory Framework / Feris, L
- Improving Unsustainable Environmental Governance in South Africa: the Case for Holistic Governance / Kotzé, LJ
- Ex post facto authorisation in South African environmental assessment legislation: a critical review / Paschke, R & Glazewski, J
- Clearing a Path Towards Effective Alien Invasive Control: the Legal Conundrum / Paterson, AR
- Sustainable development and the nature of environmental legal principles / Verschuuren, J
In this first of at least three editions planned for 2006, the focus is on environmental law:
Professor Verschuuren of Tilburg University attributes the high moral value of the principles of environmental law to the ideal of sustainable development.
Advocate Paschke and Professor Glazewski of Cape Town offers strong arguments against allowing retrospective environmental authorisation as militating against the purposes of environmental assessment.
Professor Feris of the University of Pretoria investigates the South African legal regime regarding risk management and liability concerning genetically modified organisms, finding it to be inadequate.
Mr Paterson of the University of Cape Town critically analyses South African attempts to produce a coherent legislative framework for the regulation of alien invasive plants in accordance with the principles of the Convention on Biological Diversity
Dr Kotze of Potchefstroom argues the necessity of integrating environmental governance efforts for the purposes of rendering environmental governance sustainable, and
Ms Du Plessis of Potchefstroom demonstrates, with reference to the case of the Khomani San community in the Kalahari, that land reform can impact strongly on the environment and sustainable development.
Editor: Professor Francois Venter / Guest editor: Professor Werner Scholtz
(2006)In this article, “things” lawyers call “principles” of environmental law will be discussed from a theoretical perspective. Three fundamental questions are answered: 1. Where does the high moral value that is usually ...
(2006)Alien invasive plants pose significant ecological, social and economic challenges for South Africa. These species threaten South Africa’s rich biodiversity, deplete our scarce water resources, reduce the agricultural ...
Ex post facto authorisation in South African environmental assessment legislation: a critical review (2006)One of the fundamental tenets underlying environmental assessment both internationally and in South Africa is that it is anticipatory in nature in that it is essentially an evaluation of the effects likely to arise from a ...
Improving unsustainable environmental governance in South Africa: the case for holistic governance (2006)Environmental law in South Africa has developed in a rapid fashion since the inception of the new constitutional dispensation in 1994. This development is evident from, inter alia, the constitutionalisation of the environmental ...
(2006)Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well ...