Section 41 of the MPRDA requires of mines to provide financial guarantees for the rehabilitation of mines. The contribution is revised annually. A mine must indicate that the guarantees are in place during the application for a mining permit or licences. A closure certificate will only be issued to a mine once all the requirements regarding rehabilitation are met. The polluter pays principle and the prevention principle lay the foundation for the financial provision regarding rehabilitation. The mine will be liable in the event that they do not prevent environmental degradation, pollution or damage. To avoid this liability the mine must rehabilitate properly to obtain a closure certificate. Financial guarantees can be provided for in different ways. In this dissertation trusts, closed cooperations and tax benefits involved are discussed. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2013.

Section 41 of the MPRDA requires of mines to provide financial guarantees for the rehabilitation of mines. The contribution is revised annually. A mine must indicate that the guarantees are in place during the application for a mining permit or licences. A closure certificate will only be issued to a mine once all the requirements regarding rehabilitation are met. The polluter pays principle and the prevention principle lay the foundation for the financial provision regarding rehabilitation. The mine will be liable in the event that they do not prevent environmental degradation, pollution or damage. To avoid this liability the mine must rehabilitate properly to obtain a closure certificate. Financial guarantees can be provided for in different ways. In this dissertation trusts, closed cooperations and tax benefits involved are discussed. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2013.

Climate change is a critical sustainable development issue with implications for the environment, economies and society as we know it. The problem of climate change is caused by some countries in parts of the world that has a direct effect on people and natural resources in other parts of the world. Climate change is the effect of increased production of Greenhouse gases (GHGs). Due to the vast complexity of the climate change regime the study does not attempt to be comprehensive or conclusive. The aim of the study is to critically evaluate and determine the purpose, enforceability, legal nature, shortcomings and strengths of the non-binding Copenhagen Accord and how the international climate change regime will evolve after the Copenhagen Accord. The study starts with a brief explanation of the international climate change regime and its development, including international environmental law principles, specifically the common but differentiated responsibility principle. The United Nations Framework Convention on Climate Change (UNFCCC) has the ultimate objective to achieve the stabilisation of GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. The Conference of the Parties (COPs) is the ultimate decision-making and supreme body of the UNFCCC and is authorised to make and implement decisions to promote the implementation of the UNFCCC, it further has the power to adopt new protocols under the UNFCCC and plays a substantial role in the development of new obligations by the parties to the convention. Various COPs, their respective adopted decisions and resolutions which played an important role in the development of the climate change regime are discussed. This includes COP 1 that lead to the Berlin Mandate; COP 3 and the Kyoto Protocol; COP 7 and the Marrakech Accords; COP 11 that marked the entry into force of the Kyoto Protocol; COP 13 and the Bali Action Plan. COP 15 in Copenhagen was internationally expected and intended to be the breakthrough in addressing the post 2012 period. As is evident from the content of this study the result of COP 15 at Copenhagen means different challenges for different countries and the “bottom up” architecture of the accord could help encourage and reinforce national actions. An overview of the effect of the Copenhagen Accord on the climate change regime, with specific reference to COP 16 in Cancun, is then done. The “bottom up” architecture of the Copenhagen Accord was brought into the official UNFCCC process by the Cancun Agreements that were reached at COP 16. The study mostly comprised of a literature study, which reviewed the relevant international environmental law dealing with climate change, taking into account customary international law; international treaties and conventions; government documents, policies and reports; textbooks and academic journals as well as electronic material obtained from various internet sources. / Thesis (LLM (Environmental Law and Governance))--North-West University, Potchefstroom Campus, 2012

“Earth, Air, Water, Oil: Regulating Fracking in the Monterey Shale with Health and Environment in Mind,” explores how hydraulic fracturing regulation in California’s oil-rich Monterey Shale will impact regional public health, including groundwater and air quality. This is achieved through a combination of case study and policy analysis on both the state and national level.

Climate change is a critical sustainable development issue with implications for the environment, economies and society as we know it. The problem of climate change is caused by some countries in parts of the world that has a direct effect on people and natural resources in other parts of the world. Climate change is the effect of increased production of Greenhouse gases (GHGs). Due to the vast complexity of the climate change regime the study does not attempt to be comprehensive or conclusive. The aim of the study is to critically evaluate and determine the purpose, enforceability, legal nature, shortcomings and strengths of the non-binding Copenhagen Accord and how the international climate change regime will evolve after the Copenhagen Accord. The study starts with a brief explanation of the international climate change regime and its development, including international environmental law principles, specifically the common but differentiated responsibility principle. The United Nations Framework Convention on Climate Change (UNFCCC) has the ultimate objective to achieve the stabilisation of GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. The Conference of the Parties (COPs) is the ultimate decision-making and supreme body of the UNFCCC and is authorised to make and implement decisions to promote the implementation of the UNFCCC, it further has the power to adopt new protocols under the UNFCCC and plays a substantial role in the development of new obligations by the parties to the convention. Various COPs, their respective adopted decisions and resolutions which played an important role in the development of the climate change regime are discussed. This includes COP 1 that lead to the Berlin Mandate; COP 3 and the Kyoto Protocol; COP 7 and the Marrakech Accords; COP 11 that marked the entry into force of the Kyoto Protocol; COP 13 and the Bali Action Plan. COP 15 in Copenhagen was internationally expected and intended to be the breakthrough in addressing the post 2012 period. As is evident from the content of this study the result of COP 15 at Copenhagen means different challenges for different countries and the “bottom up” architecture of the accord could help encourage and reinforce national actions. An overview of the effect of the Copenhagen Accord on the climate change regime, with specific reference to COP 16 in Cancun, is then done. The “bottom up” architecture of the Copenhagen Accord was brought into the official UNFCCC process by the Cancun Agreements that were reached at COP 16. The study mostly comprised of a literature study, which reviewed the relevant international environmental law dealing with climate change, taking into account customary international law; international treaties and conventions; government documents, policies and reports; textbooks and academic journals as well as electronic material obtained from various internet sources. / Thesis (LLM (Environmental Law and Governance))--North-West University, Potchefstroom Campus, 2012

Nearly 45 years ago, the National Environmental Policy Act (NEPA) was signed into law to become the first national policy for the environment of the United States. As it has evolved over time through implementation and litigation, numerous countries and states around the world have emulated NEPA with similar environmental impact assessment requirements. Many scholars have evaluated the success of the legislation in accomplishing its lofty goals. Most commonly, however, these studies address the procedural performance of agencies through the creation of environmental impact statements. This thesis examines the effectiveness of NEPA in accomplishing its substantive, rather than procedural, goals by identifying a set of values essential to meeting the fundamental intent of the Act. The values are then evaluated in the context of the Ivanpah Solar Electric Generating System Project to determine whether or not the NEPA process was effective in this case and to derive lessons for its future implementation.

The present thesis deals with the international legal consequences of the Biosafety Protocol. If this Protocol answers the problem of GMOs, by enforcing the application of the precautionary principle to the international trade of genetically modified organisms (GMOs), it does not solve the conflict between the interests of trade and those of the environment. On the contrary, the Biosafety Protocol conflicts with the rules of the GATT and the national norms inspired by it would risk being contested before the dispute-settlement institutions of the World Trade Organisation. The Protocol therefore constitutes a new element in the conflict, pre-existing and unsolved, which sets the implicit supremacy of the GATT against the international environmental norms. It confirms the necessity to find a solution enabling the equal authority and mutual respect of the international environmental and trade rules. / All information is correct as at 14 November 2000.

During the last fifty years trade liberalization has stimulated different levels of industrial and technological development and economic growth around the world. However, during that same period, the world has witnessed a rapid degradation of the environment and an excessive exploitation of natural resources. The urgency of the situation requires the reconciliation of trade liberalization and environmental protection goals. / In this context, on January 1, 1994, the North American Free Trade Agreement entered into between Canada, Mexico and the United States came into force. This agreement has significant environmental content and includes a side agreement on environmental matters. This new framework of environmental protection is serving to reconcile trade and environmental goals in the region, and is shaping the new legal framework for environmental protection and enforcement in Mexico.

Thesis (Ph.D.)--University of Wollongong, 2006. / Typescript. Includes bibliographical references: p. 377-421.

Thesis (M.S.)--Kutztown University of Pennsylvania, 1991. / Source: Masters Abstracts International, Volume: 45-06, page: 2705. Abstract precedes thesis as 2 preliminary leaves. Typescript. Includes bibliographical references (leaves 47-48).