Environmentalists citizens groups, legal practitioners academics and the ordinary citizens in South Africa today are over-excited with the prospects of the environmental rights litigation under the final Constitution of the Republic of South Africa Act 108 of 1996 signed by the State President in Cape Town on the 18th December 1996. For the first time in the history of South Africa environmental rights have been lifted to the status of fundamental constitutional and human rights. From an environmental perspective the upliftment of environmental rights to the level of constitutional protection is a great achievement that will benefit all South Africans. This dissertation throws some light on the concept of locus standi and public interest litigation as they have developed In the New South African Constitution followed by an exposition of the common law rules of legal standing. The focus of attention will then turn to the extent to which the Interim Constitution of the Republic of South Africa Act 200 of 1993 and the final Constitution of the Republic of South Africa Act 1996 extend or broaden the scope of standing followed by a brief survey of legal standing of environmental associations in various countries. Finally the document will conclude with a brief commentary on the law of standing in South Africa and possible suggestions for reform. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1997.

Recent transboundary disputes between the United States and Canada and in particular, the dispute concerning Devils Lake outlet, call for an improvement of the agreements between the two countries that govern North American international watercourses. One way to do so is by assimilating the cooperative spirit contained in the more recent 1997 U.N. International Watercourses Convention and incorporating its guidelines for balancing different principles and interests into the 1909 Boundary Waters Treaty between the United States and Canada. This paper analyzes the different theories and main international legal instruments in the area of transboundary waters within the context of the issues arising out of Devils Lake and its outlet. It is proposed that the Boundary Waters Treaty be vastly improved by increasing the participation of both the Canadian provinces and the American states as well as renewing and enhancing the role of the International Joint Commission.

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Industrial fishing practices and market-demand for shark products (in particular meat and fins) are decimating shark populations in many parts of the world, threatening stock collapses, species extinctions and broader ecological impacts. This dissertation explores the development of the international legal regime applicable to the conservation and management of sharks, and seeks to document and provide a critical analysis of the fisheries management and conservation instruments and measures that apply or can be applied to sharks. This is followed by a review and critical analysis of the South African legal regime applicable to the conservation and management of sharks, which to the writer’s knowledge has not been clearly documented in referenced research. Both the international and South African regulatory regimes relating to the conservation and management of sharks are characterized by fragmentation, lack of co-ordination and enforcement challenges that risks duplication of effort and regulatory gaps. However, it is argued that the existing mix of hard and soft law instruments does provide a suite of regulatory options, guiding principles and frameworks which, if effectively coordinated, refined, implemented and enforced, could go a long way towards protecting sharks from overexploitation internationally and within South African waters. It is argued that the precautionary and ecosystems approaches need to applied at both a national and international level to ensure that shark are managed in an ecologically sustainable manner. Where appropriate, a moratorium (or at least a significant limitation) on the killing of sharks (through both directed and by-catch fisheries) should be imposed until such time as sufficient scientific data is available to demonstrate that shark fishing does not pose a significant risk of serious or irreversible harm. It is argued further that South Africa needs to make a serious commitment to improving shark conservation and management measures by making sufficient human and financial resources available to achieve its shark conservation and management objectives, and that the fragmented national legal regime could be enhanced and rationalised by promulgating a single shark-specific regulation that deals specifically with the conservation and management of sharks. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2014.

The oil extraction mechanisms of hydraulic fracturing, horizontal drilling, and acidization have recently spread throughout the state of California. This thesis explores and assesses whether federal and state legislation should approve of fracking operations in California after studying its effects on human health, the environment, and the economy. This thesis assesses the impacts of fracking; analyzes the role of current legislation and regulation; compares California fracking to fracking in other states and countries; and provides recommendations for future action.

Recent transboundary disputes between the United States and Canada and in particular, the dispute concerning Devils Lake outlet, call for an improvement of the agreements between the two countries that govern North American international watercourses. One way to do so is by assimilating the cooperative spirit contained in the more recent 1997 U.N. International Watercourses Convention and incorporating its guidelines for balancing different principles and interests into the 1909 Boundary Waters Treaty between the United States and Canada. This paper analyzes the different theories and main international legal instruments in the area of transboundary waters within the context of the issues arising out of Devils Lake and its outlet. It is proposed that the Boundary Waters Treaty be vastly improved by increasing the participation of both the Canadian provinces and the American states as well as renewing and enhancing the role of the International Joint Commission.

The main body of the thesis is a detailed study of the practice of the legal regulation of water pollution, primarily between the period of 1 October 1983 and 31 August 1989, although reference is made to events preceding that period where necessary to provide a full assessment.

The atmosphere transcends boundaries. So does the politics of the global atmosphere. This study focuses on Japan, discourse, and knowledge in the politics of the global atmosphere, including ozone layer depletion and climate change. In this study, I show how Japan's policy changed as its knowledge on the global atmosphere progressed from severely limited and distorted, to comprehensive and advanced. The change, I contend, had little to do with availability of or access to knowledge, and instead, was dependent upon the context with which existing scientific knowledge was interpreted. The major determinant of the environmental policy context in Japan, I argue, is the dominant discourse. Discourses, in other words, have a crucial impact on how scientific knowledge is interpreted, which, in turn, has a crucial impact on the policy choices that are made at both the international and domestic levels. This is not to say that an analysis of discourse explains everything. It does not. But, along with an analysis of transnational knowledge, power, and interests, it is a necessary part of the explanation of Japan's policy toward the global atmosphere. To achieve the objectives of my research, this dissertation uses a two-level (international/domestic) case study of the politics of ozone layer depletion and climate change in Japan. First, I found that what I call a "marriage of convenience" between science and policy was a critical aspect of the process of knowledge and policy construction. Second, my analysis shows that Japan's policy toward global atmospheric issues was manifestly impacted by the discursive power of global environmentalism and the precautionary principle. In this regard, I argue that, in challenging Japan's hitherto dominant kogai discourse and dominant policy making discourse based on "pollution-response," the discourses of global environmentalism and the precautionary principle resulted in a reorganization of institutional arrangements within Japan. Third, my analysis traces the transnationalization of domestic actors in Japan, and shows how these actors-NGOs, industry and industry organizations, and scientists-in linking up with counterparts across borders (I) enhanced their knowledge, (2) reinforced their interests and power, and (3) materially influenced the policy making process. / Thesis (Ph. D.)--University of Hawaii at Manoa, 2002. / Includes bibliographical references (leaves 360-396). / Mode of access: World Wide Web. / Also available by subscription via World Wide Web / xiv, 396 leaves, bound 29 cm

Environmental impact assessment (EIA) was introduced to inform decision-makers of the potential environmental effects of the decision before them. It has been adopted worldwide and functions as one of the primary instruments for taking account of environmental consequences in project approval decision-making. To date, there has been very little systematic investigation that explores whether the decision-makers for whom the EIA information is produced actually use it, although there are indications that EIA information is not always effective in influencing decisions. This thesis examines how, and indeed if, environmental effects information influences the decision-making processes for which it is produced, and which factors determine the use of this information. Three main areas of concern are identified and investigated: the responses of individual decision-makers to environmental effects information; the characteristics of the effects information that influence these responses; and the processes by which the effects information is dealt with. At the core of the methodology employed for this research is the development of an exploratory model of EIA-based decision-making. This model builds on the insights into decision processes from a variety of disciplines, including psychology and planning. To test the utility of the model, it is evaluated against the New Zealand system of resource consent approval decision-making under the Resource Management Act, by means of case studies. Through interviews, direct observation, and analysis of written documents the decision processes in these cases are analysed. These techniques have been augmented by psychosocial methods that allow further probing into the decision processes that takes place in a decision-maker�s head. The research results show that the effort that is spent on the preparation of EIA reports and the improvement of EIA processes is not wasted. The EIA information clearly influences the decision processes for which it is intended but it is not influencing decisions optimally. EIA information often competes with information on environmental effects from other sources that is of higher quality, more credible, or better tailored to the decision-makers� information needs. A number of ways in which the use of EIA information could be enhanced is explored in this thesis. Foremost, the improvement of the effectiveness of EIA requires a wider adoption of a decision-making perspective on EIA, and a broader recognition of the information needs of the different decision processes for which EIA is prepared.

This qualitative research study investigated the expression of critical thinking in environmental subjects at university level in Australia. It also explored the strategies used by lecturers to encourage student critical thinking. Initially an open-ended questionnaire was sent to lecturers and tutors in universities across Australia and the responses from thirty participants were analysed thematically. From these participants semi-structured interviews were arranged with six lecturers and eight students from three different universities. The third phase of the research process involved analysing subject outlines and student assignments. Findings were triangulated to create a picture of the teaching and learning practices of critical thinking in this field. The three cases of Environmental Science, Environmental Engineering and Environmental Law were identified as having some common yet distinctively different themes in relation to critical thinking. In each discipline area three broad approaches to the expression of critical thinking were identified: scientific/technical, paradigmatic and reflective. The scientific/technical approach in science was most concerned with critique of experiments and studies, in engineering with problem solving and in law with the technical aspects of language and application of the law. The paradigmatic approach included critical analysis of the different theories, frameworks and paradigms of each subject. The reflective approach to critical thinking included students’ self evaluation of their learning within a specific subject. Notable differences between the three cases were the types of strategies used by lecturers to encourage student critical thinking. The Environmental Science lecturers were more inclined to use a wide variety of strategies, including provision of written material about critical thinking with critical thinking identified in marking criteria, discussion in class and guided exercises. The Environmental Engineering lecturers placed more emphasis on discussion in class than on providing written materials. The Environmental Law lecturers predominantly focused on the strategy of debating in class for the development of student critical thinking. The findings of this study are significant in providing support for the argument that development of critical thinking is subject specific rather than generic. This calls into question the use of generic skills testing for university graduates as a reliable measure of their ability to think critically in their field. The findings indicate that it is necessary for subject lecturers to be explicit with students about their expectations regarding critical thinking, particularly in relation to assessment. Findings suggest guidelines for lecturers including strategies and attitudes that encourage or hinder student critical thinking. Findings also suggest that the nature of the field of environmental and sustainability subjects lends itself to developing critical thinking, which is considered to be important.