The objective of this research was to review legislation of Cleaner Production (CP) in South Africa. In achieving the objective, the study reviewed and analysed the relevant legislation, policies and projects. Identified gaps in legislation and policies, reviewed emerging issues related to CP, identified processes and activities that threaten the promotion of CP and evaluate the potential economic implications of application of CP The gaps in policy and legislation lie in the lack of appropriate incentives (lack of effective economic instruments), the existence of disincentives for CP (such as low cost of electricity, water, effluent treatment and waste management), as well as the lack of enforcement of the legislations and implementation of policy. The lack of capacity tp implement CP-related legislation and policy is being addressed at a limited level, buy needs wider and more intensive efforts, in addition to the development of partnerships and voluntary agreements to assist the process. It should be noted, that the existence of strong legislation and enforcement is generally a pre-requisite to encourage a shift to self-regulation and information sharing on applied CP/SCP measures, and that they do not meet the requirements. In addition, it is easier to regulate an informed industry than to battle against an ignorant one and therefore, no legislation and policy will be effective without strategies to implement a significant effort in awareness raising, education and training on CP at all levels and in all sectors, including national and local governments.

Agroforests are model systems for ecological conservation in tropical agricultural landscapes because they integrate biodiversity conservation and rural livelihoods. Whether agroforests are long-term solutions for conserving biodiversity in agricultural landscapes may depend sapling regeneration of native forest trees in agroforests. In this dissertation, I ask two main questions: are native forest trees regenerating in agroforests and if so, what are the ecological and social drivers? I tested the influence of potential seed sources from both the landscape and parent trees found in the agroforest. I also examined how a set of social factors affected native forest tree regeneration. The social drivers I tested include tree management and use, land tenure and state-restricted rights to harvest native timber. I found that a number of native pioneer species are regenerating at relatively high frequencies and abundances. I also found that many secondary native forest tree species are also regenerating although their sapling are found less frequently and at lower abundances. Most primary forest tree species present as adults are not regenerating and lacked sapling in the agroforests. The influence of the ecological factors was limited. The main drivers of native forest tree regeneration on farms are the understorey management and the rural extension services that assisted farms obtain state-restricted rights.

This research determines whether and how an equitable geographic distribution of Clean Development Mechanism (CDM) projects can be achieved. In particular, it examines whether the CDM legal regime can achieve an equitable geographic distribution of projects, or whether the issues that contribute to the inequitable distribution are fundamental to the design of the regime. The two main questions answered by this research are: how should CDM projects be distributed among countries, that is, what is the meaning of equitable geographic distribution of CDM projects; and can the CDM regime achieve this distribution? The answer to the first question defines equitable geographic distribution and outlines the factors that should be considered to help achieve this distribution, which are: greenhouse gas emission reduction potential, need (or sustainable development potential) and preferential treatment. The answer to the second question is that although the CDM regime can achieve a slightly more equitable geographic distribution than is currently the case, a truly equitable geographic distribution cannot be achieved under the regime, primarily because of the market nature of the CDM. The thesis then makes recommendations on how to achieve a distribution of CDM projects among countries that can be regarded as more equitable than the current distribution.

No description available.

Hundreds of thousands of organizations have chosen to boost their competitive position by demonstrating compliance to the ISO 14001 Environmental Management System standard. In order for these standards to become credible policy options, they must ensure the capacity to build an industrial morality and to institutionalize responsibility. Relying on a series of in-depth interviews with environmental auditors, this dissertation contributes to a deeper empirical understanding of these regulatory instruments by, first, exploring how the adoption of an EMS promotes self-regulatory capacity and contributes toward effective environmental protection, and second, discussing the limitations of its accountability structure and the threats to the credibility of the standard. / This project highlights several misconceptions associated with the role of ISO 14001, and explains why both public and private sectors hold conflicting and inappropriate expectations regarding the certification process. According to the environmental auditors interviewed, the standard has helped thousands of committed organizations to effectively improve their self-regulatory capacity as well as their environmental performance. Yet, organizations with no intrinsic motivation can take advantage of the flexibility granted by the standard and the limitations of the conformity assessment process, to obtain an empty environmental certificate. ISO 14001 is a process standard that can help both 'environmental leaders and laggards', but that cannot differentiate organizations based on their level of environmental performance. Because of that, ISO 14001 is increasingly perceived as a socially unacceptable certification system. This project concludes that ISO 14001 is a double edge regulatory instrument that aims both to foster self-regulatory powers, and to act as a market signaling agent. The problem lies in the fact that these two facets of the standard are actually detrimental to each other, perpetuating a cycle that contributes to the discredit of the standard and of the auditing community. In the future, ISO 14001 needs to adjust its non-prescriptive nature and its accountability mechanism, to the character of the organizations seeking certification. In alternative, a new generation of certification programs is emerging, building upon the ISO 14001 standard with an extra layer of requirements, and with a more meaningful role for the environmental auditor.

This thesis is about the distrubution of responsibilities in the environmental law enforcement procedure, between the state and the individual environmental actor. The state and its public authorities have a fundamental environmental responsibility. This responsibility is nevertheless shared with the actors. Actor responsibilities include taking sufficient precautionary measures, and controling the own activities. This also covers responsibilities for knowledge and investigation, which are in focus in the thesis analysis. Such responsibilities are enforced by administrative authorities. Enforcement, however, also entails exercise of public power against the individual, and thus warrants proper procedure and safeguards of legal certainty. Such procedural responsibilities include ensuring decision making materials to support their exercise of authority. It also means that the authority has formulate clearly to the actor what their legal duties are, and what they need to do to avoid further enforcement. These administrative duties may entail the authority taking over the actor's information responsibilities under environmental law. Enforcement of actor responsibilities thus becomes inconsistent, or even contraproductive. This thesis comprises analysis of the meeting of environmental and administrative law in the enforcement situation. The analysis is focused on balancing effective implementation and enforcement of policy aims, and the safeguards of the individual's rights and freedoms. The aims is to find ways to coordingate instead of prioritising these objectives. The research is based on a comparative study and analysis of the enforcement systems of Sweden, the United Kingdom (England and Wales), and the Netherlands. The importance of distinguising between the different purposes and aims of the responsibilities is argued. Actor responsibilities for precaution and information should be recognised also in the enforcement procedure. A communicative enforcement procedure, and more purposive assessment of the proper distribution of responsibilities in the individual case may provide both effective enforcement and legal certainty. / ENFORCE

Detta är en enkätstudie av skolors miljöarbete, det vill säga hur skolorna arbetar med och påverkar den yttre miljön. Syftet med arbetet är att undersöka ett antal skolors yttre miljöarbete, men även de miljömål skolan har för att värna om vår miljö. Resultatet av denna studie är att skolors miljöarbete är alltför knappt, vilket också tidigare forskning visat. På grundval av att resultatet i enkätstudien visade på ett nästintill obefintligt miljöarbete på skolorna samt att de inkomna svaren blev färre än beräknat, så har ett förslag arbetats fram tillsammans med en miljöutvecklare för hur skolor kan arbeta med miljön. Detta för att miljöarbetet skall bli en naturlig del såväl i undervisningen som i skolans övergripande arbete. Arbetet har präglats av miljömedvetenhet och därför har enkätutskicket samt svar på enkäten skett via e-post.

No description available.

This thesis is concerned with the role of fairness in international environmental law and, by way of example, focuses specifically on the perspective of developing countries in the context of the climate change regime. A brief analysis of underlying conceptions of fairness in general international law serves as the backdrop for an evaluation of both procedural and substantive aspects of fairness within the climate change regime. This evaluation includes a detailed consideration of the United Nations Framework Convention on Climate Change and the Kyoto Protocol to that Convention. The thesis concludes that the role of fairness in the climate change regime, and in international environmental law more generally, has become significant in recent years. It is likely that this trend will continue through further articulation of claims, by developing countries and others, in the context of an ongoing fairness debate. (Abstract shortened by UMI.)

This thesis presents an assessment of the effectiveness of the compliance mechanisms of the Kyoto Protocol in promoting compliance with the obligations under the Protocol. First, theoretical approaches to compliance are explored in order to understand the reasons for which states comply, using both international legal and international relations theory. This not only contributes to a greater understanding of compliance, but also helps to establish a framework of criteria for the assessment. Second, practical experience with the compliance mechanisms of the Montreal Protocol is used to develop further assessment criteria. Following a detailed description and analysis of the compliance mechanisms, the insights from theory and practice are applied. The results show that the Kyoto Protocol's compliance mechanisms present an innovative balance of managerial and incentive strategies and integrate important elements emphasised by constructivist approaches to international law. They are thus designed effectively to promote compliance with the Kyoto Protocol.