No abstract available. / Thesis (LL.M.)-Univeristy of Natal, Durban, 1992.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban,2001.

Biological diversity is defined in Article 2 of the Convention on Biological Diversity as the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part. This, includes diversity within species and of ecosystems. Biological diversity and its components is valuable in meeting the social, economic, scientific, educational and other human needs. Biological diversity is also important for revolution and maintaining of life sustaining systems of the biosphere. For many years biological resources were treated as coon heritage of mankind; free access was consequently accepted. Most of the genetic resources used for developing new products originated from developing countries in the South; on the other hand research and development in respect of new technologies is carried out mostly by firms in developed countries in the North. New products resulting thereof are subsequently protected by the intellectual property rights (IPR). It is now recognised that new products using biological resources benefit directly or indirectly from indigenous knowledge. Such knowledge is of significant value for the understanding of the natural environment and for sustainable use of natural resources. However, the contribution made by these communities does not receive the same recognition or protection as products which benefit from their knowledge. Existing IPR systems were not designed to extend benefits to indigenous knowledge. Changes in this area were necessitated by concerns about the significant reduction of biological diversity due to certain human activities. These concerns coupled with the recognition that issues of conservation of biological resources cannot be dealt with without addressing issues of equity in access to and sharing of both genetic resources and technologies, recognition of the role of indigenous and local communities, eradication of poverty and international co-operation among others. The Convention on Biological Diversity entered into force in 1993 as a global effort into addressing these issues. It is recognised in the Convention that access to and transfer of technology among members are essential elements for the attainment of its objectives. Parties are therefore called upon to facilitate access and transfer technologies that are relevant to conservation and sustainable use. Protection to IPR holders is provided by the requirements that access to and transfer of technology which is subject to patents and other IPR is to be provided on terms which recognise and are consistent with the adequate and effective protection of IPR. The relationship between environmental protection and IPR is thus made an important issue which may influence implementation of the Convention. This thesis focuses on the study of national and international IPR regimes and their role in implementation of the provisions of the convention. Limitations of these regimes are identified, recent developments in addressing these limitations are analysed and possible alternatives are proposed. This study purports to supplement global efforts to effectively implement provisions of the Convention. / Thesis (Ph.D.)-University of Durban-Westville, 1999.

This work will investigate the implementation of plant variety protection obligations that African states, and in particular South Africa, have to undertake under the various relevant international agreements, especially the Agreement on Trade Related Aspects of Intellectual Property Rights and the Convention on Biological Diversity. The property rights regimes set up in the different international instruments do not necessarily culminate in a coherent whole. While a trend towards the privatisation of plant genetic resources is evident and notable, continuous upholding of the sovereign rights of states over their natural resources is also present. In particular, this work will investigate the question of whether intellectual property rights support or undermine the objectives of the Convention on Biological Diversity. Article 27.3(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights provides for the mandatory patenting of micro-organisms and microbiological processes. This provision has, however, been the source of much controversy and was inserted under the proviso that it be reviewed four years after the coming into force of the Agreement (i.e. 1999). To date, such review has not occurred. Accordingly, it will be argued that the obligation to implement the Agreement on Trade Related Aspects of Intellectual Property Rights in African Member States should be suspended pending the outcome of the review. This work will critically consider the effects that the introduction of patents over plant varieties are likely to have in Africa, focusing on the fulfilment of basic food needs for all individuals and the sustainable management of biological resources in African countries. It will be argued that African states should take advantage of the possibility of devising a property rights system adapted to their needs and conditions and should avoid any system involving the introduction of monopoly or exclusionary rights, such as patents or plant breeders' rights. / Thesis (LL.M.)-University of Natal, Durban, 2003.

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.

Law / Thesis (LL.M.)--University of South Africa, 1997.

Law / Thesis (LL.M.)--University of South Africa, 1997.

Thesis (LLM. Dev.) --University of Limpopo, 2011

Thesis (LLM) --University of Limpopo, 2011 / Bishop Edward Lekganyane Bursary Fund

In this dissertation a study was undertaken of environmental administration in city-status local authorities in South Africa. Local authorities in South Africa constitute the third tier of government. They are established to provide essential goods and services to the community and to contribute to the national goal of community welfare. The services rendered by a local authority affects the quality of life of its inhabitants. South Africa is presently undergoing a period of transition and there are demands placed on local authorities to improve the quality of life of its inhabitants. Local authorities have become increasingly sensitive to environmental matters. Environmental administration plays a pivotal role in improving the quality of life of the community. In order that local authorities carry out their environmental functions efficiently and effectively, it is essential that the enabling generic administrative processes, managerial, functional, auxiliary and instrumental activities be instituted and executed. The enabling administrative processes include policy-making, organising, financing, staffing, determining methods and procedures and exercising of control. In the execution of these duties it is imperative that the normative factors, namely respect for environmental rights, ethics of environmental conservation, requirements of administrative law, maintenance of public accountability, fairness and reasonableness, efficiency and effectiveness and transparency and freedom of information be taken cognisance of. Attention was focused on the policy-making process emphasising environmental concepts and applications, environmental projects, pressing environmental issues, environmental awareness and external participation. Organisational structures in the form of committees are regarded essential to ensuring effective environmental administration. Appropriate and specific financial allocations are necessary for the environmental administration function. Well defined staffing practices are basic to ensuring that municipal functionaries involved in environmental administration achieve their objectives. Methods and procedures have to be constantly reviewed in the light of overall changes in environmental administration. The exercising of control is vital to ensure that the processes of environmental administration are performed within the context of the normative factors. The recommendations contained in the dissertation are directed at continuous review of environmental administration in local authorities within a conceptual framework which constitutes the following functions, policy-making, organising, financing, staffing, determining methods and procedures and exercising of control. Focus was placed on processes such as : (i) the formulation of environmental policy; (ii) designing separate organisational structures; (iii) specific budgetary allocations; (iv) the need for staffing practices to ensure that objectives are achieved; (v) the need for uniform and constant review of methods and procedures; and (vi) establishing codes of conduct relevant to environmental administration. / Thesis (MPA)-University of Durban-Westville, 1994.