The climate change timeline is at critical juncture as policymakers, academics and other climate-related stakeholders are contemplating the transition from the Kyoto era to the advent of the landmark 2015 Paris Agreement on Climate Change (the Paris Agreement). The study focuses in particular on tracing the development of and learning from past experience with the Clean Development Mechanism (CDM) - one of the flexible mechanisms provided for in the Kyoto Protocol and tailored specifically for reducing emissions in developing countries. This is undertaken with a view to drawing lessons for its apparent successor, the Sustainable Development Mechanism (SDM) provided for in the Paris Agreement. The study is undertaken against the backdrop of the theoretical framework of market-based instruments supplementing the traditional command-and-control approach to reducing carbon emissions, specifically in the area of environmental taxes and carbon offsets. While it is acknowledged that the major difference between the proposed SDM and the existing CDM is that carbon markets will no longer be limited to developed country parties in that developing countries will also be able to participate, many uncertainties remain. Moreover, while it is uncertain at the time of writing (mid-2017) whether the CDM will continue to exist alongside the SDM or will be replaced by it, the study investigates, among other things, questions around if and how the SDM refines and streamlines the CDM. It considers these questions in the context of not only the relevant international instruments, but more specifically against the backdrop of South Africa's climate-related laws and policy frameworks. It is posited that the CDM - and by extension the SDM - will come increasingly under the spotlight in South Africa, as it will serve as a useful mechanism for reducing (or offsetting) the impending carbon tax liability. The thesis finds that many of the principles listed for the SDM mirror those of the CDM. Yet, some sort of transition from Kyoto to Paris will be required to ensure that the SDM will realise its potential to mitigate emissions and support sustainable development.

Includes bibliographical references / This thesis outlines and critically assesses the regulation of land-based sources and activities causing pollution (LBSA) in the coastal and marine environment in two broad areas of sub-Saharan Africa, the West and Central African Region (WACAF) and the West Indian Ocean (WIO) region. These two regions are both endowed with a diversity of life forms and resources that support large populations of coastal communities. The legal and institutional aspects are outlined and examined against the theoretical backdrop of the relatively new concept of integrated coastal zone management (ICZM), the goals of which are to ensure that decisions taken in all sectors regarding the environment and at all levels of government are harmonized and consistent with countries' coastal policies in order to achieve sustainable development of coastal and marine areas. More specifically, the work examines the international soft and hard law developments as well as regional legal developments, paying particular attention to the two UNEP initiated Conventions in the regions namely the 1985 Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African region (Nairobi Convention) and the 1981 Convention for the Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region and its Protocol concerning Cooperation in Combating Pollution in Cases of Emergency (Abidjan Convention), as well as their respective Protocols. The work concludes by examining the extent to which these international and regional developments have been incorporated in the legal and institutional framework structures of three select countries namely, Kenya (representing the WIO) region, Nigeria (representing the WACAF region) and South Africa on the interface of both regions. This study reflects the laws and policies as of December 2013.

This study focuses on sustainable use of threatened or endangered species in the international trade context. Escalating levels of illegal trade in threatened species are of major concern globally and undermines regulatory frameworks that seek to ensure the sustainable use of species for present and future generations. This study investigates the extent to which South African legislation provides for sustainable use and trade in species and how legislation could be strengthened. The study is theoretically underpinned by the concept of sustainable use and its passage through time in 'soft' law and consequent adoption by international law and Conventions, including those to which South Africa is a party. The latter includes the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Convention on Biological Diversity (CBD). While commitments to CITES and the CBD are reflected in South Africa's domestic legislation, sustainable use remains an ambitious ideal. A comparative analysis of legislation, relevant case law and literature of the United States of America with that of South Africa, revealed that while the National Environmental Management Biodiversity Act is more contemporary and its Norms and Standards allow for responsive mechanisms to emergency situations, strengthening in key areas would further enhance sustainable use. Recommendations for strengthening the management dimension of South African law include adhering to statutory time-frames, considering a collaborative approach in the public participation process, and improving the Biodiversity Management Plans for species by increasing the emphasis on species recovery in the wild. This requires long term commitment and specific financial resources, while also developing clear criteria for measuring improvement in the threat status of species over time. The challenge for South Africa remains effective enforcement and legislative compliance in ensuring that sustainable use of species is not undermined. South Africa's penalty provisions are stringent, but consistency in application by the judiciary is recommended. Building on the strength of the penalty provisions, it is further recommended that South Africa adopts provisions along the lines of the US Lacey Act for extraterritorial enforcement of foreign law for sustainable use and trade in threatened or endangered species.

The United Nations Convention on the Law of the Sea (LOSC) 1982 has been acclaimed as a constitution for the seas and a solution to several contentious issues that previous conferences on the law of the sea had been unable to settle. During the nine years of negotiation of the LOSC, the case of landlocked States was discussed extensively and, in an attempt to redress landlocked States' natural disadvantages, several rights were ultimately granted to this group of States by the Convention. The dissertation firstly identifies the rights conferred by the Convention on landlocked States in general and analyses the nature of these rights and their relevant provisions in the Convention. Thereafter, with a special focus on African landlocked countries, the dissertation seeks to determine the extent to which these particular States have been able to exercise the rights to access the sea, to participate in the exploitation of the living resources of their neighbouring coastal States' EEZs and to share in the revenue derived from exploitation activities in the Area. The dissertation attempts to determine whether African landlocked States have been able to exercise these rights and enjoy the resulting benefits or whether they have failed to do so and, as a result, perceive these rights to be illusory. With the help of case studies, the obstacles and factors that influence the exercise of each of these rights are examined. A study of the various initiatives put forth by the African Union (AU) and other regional and international bodies to enable the African landlocked States better exercise these rights, and if possible, make them a reality concludes the dissertation.

Protected areas, formally established by governments, are one the key methods of preventing natural resource degradation by excluding humans from accessing certain sensitive areas, or by regulating the activities within these areas. Protected areas are viewed as essential for conserving the biodiversity on which the human race depends. However, the "fine and fences" preservationist approach to conservation has proved ineffective and it has been determined that often degradation occurs due to a lack of synchronisation between communities and their environments. This has led to the development and adoption of the community-based natural resource management (CBNRM) approach to conservation. The main principle of CBNRM is that traditional knowledge be applied and user-rights be legally devolved to indigenous communities in order to sustainably manage and conserve natural resources. Indigenous and community conserved areas (ICCAs) can be viewed as a tool to promote CBNRM. Communities voluntarily establish ICCAs and if the ICCA is recognised in legislation, they are then awarded a bundle of rights to manage and use resources while simultaneously implementing conservation activities. Certain key prerequisites are required in legislation and policy to promote effective and equitable ICCAs, including rights to land tenure, management and access, use and benefits to natural resources on communal land. Namibia has adopted a novel approach to CBNRM by the establishment of three types of ICCAs – conservancies, community forests and wildlife concessions. Different bundles of rights are awarded to communities who establish these ICCAs. Namibia has various policies and acts influencing the awarding of rights. These include the constitutional rights and freedoms, the amended Nature Conservation Ordinance, the Communal Lands Reform Act, the Traditional Authorities Act, the Forest Act and a variety of policies. Conservancies and community forests have benefit-sharing plans in place and cash revenues and non-economic benefits are shared equitably amongst members, therefore empowering the community as a whole. Communities adjacent to or within protected areas, to which concessions are granted, are able to enjoy access to resources within the protected area. One major shortcoming of Namibia's CBNRM legislation is the lack of secure land tenure in terms of property rights awarded to ICCAs. Without property rights, conservancies are not able to exclude outsiders from the communal state-owned land on which they are situated which leads to open access issues and lack of incentive to implement efforts to conserve natural resources. Although issues are still present, the Namibian legislature contains the basics of a successful national CBNRM movement.

'White Shark Cage Diving' (WSCD) enables tourists to experience a face-to-face encounter with wild sharks in the open water. In order to attract the animals close to the cages, tour operators often use chum, bait, or decoys, which interferes with the natural habits of marine wildlife. These practices have great potential to adversely impact animals and the marine environment, with unknown long-term consequences. Globally, South Africa has the most extensive WSCD industry. The management is based on a policy paper and regulations published in 2008 by the Minister of Environmental Affairs (a ministry which also included Tourism). This thesis discusses the question of whether South Africa's WSCD industry is appropriately regulated in the light of today's best practices. South Africa's regulatory framework will be compared to the management arrangements of other jurisdiction where WSCD takes place. The ultimate objective of this thesis is to determine whether the South Africa's WSCD regime strikes a sustainable balance between commercial interests and the need to protect this elusive creature.

There exists a sense of global urgency in the rapid growth of biofuel policy documents. This urgency is especially apparent over the past decade. This is as a result of the shift to incorporate renewable energies into the generation sector to further instil the principles of sustainable development. Biofuels remain a controversial issue drawing both protagonists and antagonists in the debate around agriculture. Notwithstanding this dispute, many countries have moved to integrate biofuels as an essential component in their energy blend. As a result of this controversy and their many potential impacts on other key sectors, most notably agriculture, stringent legal frameworks need to be introduced to regulate the biofuels industry. Several countries have already introduced legal frameworks of this nature. The advance of biofuels offers developing countries a perspective of self-security and valid economic stature at both the national and international levels. South African policy makers have indicated that biofuels will form an integral component of the country's future energy sector. This has been done through the release of the Biofuels Industrial Strategy of the Republic of South Africa (Industrial Strategy) in 2007, followed by the Draft Position Paper on the South African Biofuels Regulatory Framework (Position Paper) published in January 2014. The Position Paper outlines the key elements of the country's anticipated legal regime governing biofuels. It forms the focus of this dissertation that seeks to critically review South Africa's future legal framework governing biofuels. This dissertation serves to determine whether or not the future policy contains the necessary components which appear to underlie successful biofuel regimes, namely: an identification of the different types of fuels and their products; provisions for mandatory blending; licensing and permits; identification of reference crops; pricing schemes; incentives and criteria for the eligibility of government support; environmental management; and institutions. The critical review of the Position Paper is done utilising the plethora of South African legislation that highlight the move towards sustainable living. An array of policy documents with varying focuses such as fiscal directives and climate change mitigation is drawn from to effectively review the future legal biofuels regime in South Africa. Existing legislation is used in the critique to address the mechanisms from which the future framework will acquire governing support. This dissertation discusses the individual elements of the future regime and whether they suffice as effective regulatory tools in a legal biofuel framework, and if not, changes the regime should implement to do so.

Broadly defined, hydraulic fracturing is a stimulation technique used in the oil and gas industry to create additional permeability through creating fractures in an unconventional gas reservoir. Desktop estimates predict that shale deposits beneath the semi-desert Karoo region in South Africa could hold a reserve of up to 450 trillion cubic feet. After initially imposing a moratorium on fracturing throughout South Africa, the South African government has recently changed track and is now intent on pursuing hydraulic fracturing and shale gas extraction in the Karoo. Arguably one of the main concerns with regards to hydraulic fracturing in the water scarce Karoo is that the fluids used to fracture rock formations can contain chemical additives that could contaminate scarce water resources and pose a risk to human health. In order to be in a better position to protect the environment and their health, members of the public need access to information on what chemical additives are used in fracturing operations. South Africa's access to information regime is primarily regulated in terms of the Promotion of Access to Information Act, 2000 which gives effect to the right to access to information in section 32 of the Constitution of the Republic of South Africa. There is no guarantee that information on chemical additives will be disclosed or withheld as the Act allows companies to withhold information for a number of reasons, including that the information may constitute a trade secret or confidential commercial or technical information. In June 2015 South Africa adopted the Final Regulations for petroleum exploration and exploitation in terms of the Mineral and Petroleum Resources Development Act, 2002. The Final Regulations include specific provisions on disclosure on chemical additives. However, the Final Regulations are riddled with uncertainty and loopholes that may seriously impede their ability to protect water resources from the chemical additives contained in fracturing fluids. As currently framed it is unclear whether or not information on chemical additives must be publically disclosed. Some lessons can be learned from regulatory experience in Canada in Alberta and British Columbia, for example the public disclosure of chemical additives on the website www.fracfocus.ca. However, a number of loopholes have undermined the effectiveness of regulation in Canada. The most prominent loophole is the fact that companies frequently withhold information on the chemicals they use on the basis that this information is a trade secret. The dissertation concludes that it cannot be said that South Africa's laws that regulate the disclosure of chemical additives will guarantee that fracturing will occur in a manner that is constituent with the right to an environment that is not detrimental to a person's health and wellbeing.

Includes abstract. / Includes bibliographical references. / Sand, an important input to the construction industry, is extensively mined from the environment leading to depletion of the resource as well as damage to riparian habitat and the alteration of river beds and banks. Sand mining in South Africa is controlled by a complex regulatory system that can be distilled into three main themes: mineral regulation; environmental regulation; and land use planning regulation. In this thesis, it is hypothesised that sand mining is subject to all three regulatory themes equally. In practice, however, the regulatory system is skewed in favour of mineral regulation with the effect that the latter two themes are effectively ignored by sand miners.

Oil-fouled beaches, dying seabirds and severe economic loss from the closure of fishing grounds and holiday resorts is the picture painted by oil spills, and these consequences often arouse public outrage. Oil spills cause extensive damage to the marine environment and to human society. Indeed, the economic consequences are often extensive, and it is for this reason that the internationalisation of a civil liability regime for oil pollution damage was initially proposed. The first move towards an international civil liability regime came when states which were affected by an unprecedented oil spill made it clear that individual states could not cope alone with these negative effects. The tanker held responsible for the oil spill which has been described as ‘the greatest peace-time menace ever to have confronted Britain’s shores’ was Liberian-registered tanker, the Torrey Canyon About 6 000 nautical miles south of Pollard rock, which was struck by the Torrey Canyon in 1967, lays the Cape of Good Hope, South Africa (SA). The route that runs through the Cape of Good Hope is one of the busiest oil tanker routes in the world and this contributes to the large volume of oil traffic in this route. The Cape of Good Hope is also known as the ‘Cape of Storms’ and many vessels have faltered off this hazardous coastline of SA. The 1973 International Convention for the Prevention of Pollution From Ships, as modified by the Protocol of 1978 (MARPOL 73/78) to address pollution prevention, the 1969 Intervention Convention to deal with emergency response, the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 CLC), and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund convention) were enacted after the Torrey Canyon disaster, once it was clear that the international regime was not sufficient to deal with such an immense oil spill. 8 In addition, and of paramount importance, is the 1982 United Nations Convention on the Law of the Sea (UNCLOS) which is known as the “framework” or ”umbrella” convention in the international law of the sea. The purpose of this dissertation is to analyse and compare the International and the South African civil liability regimes on oil pollution damage caused by ships. This comparative analogy will be done with the view of ascertaining whether the legal regime of South Africa (SA) is in line with the international civil liability regime and to ascertain what improvements can be made to SA’s civil liability regime. During this analysis, any inadequacies identified in these regimes will be addressed briefly. South Africa gave effect to the 1969 CLC and the 1971 Fund convention by enacting the Marine Pollution (Control and Civil Liability) Act 6 of 1981 (MPA)(own emphasis). SA, however, only acceded to the 1992 protocols of amendment on 1 October 2005 (own emphasis) and, subsequently, did not implement these amendments domestically. Eight years later, the government finally updated the domestic law by providing for the domestic enactment of the provisions as contained in the 1992 protocols. In December 2013 (own emphasis), the Merchant Shipping (Civil Liability Convention) Act 25 of 2013 (“MSCLC act”), the Merchant Shipping (International Oil Pollution Compensation Fund) Act 24 of 2013 (“the IOPC act”), the Merchant Shipping (International Oil Pollution Compensation Fund) Administrations Act 35 of 2013 (“Administrations act”), and the Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Act 36 of 2013 (“Contributions act”) was enacted by Parliament. This dissertation serves to explore these laws of SA against the backdrop of the relevant international conventions including the UNCLos which provides a general framework. Prior to these amendment laws, SA’s regime was outdated and provided insufficient compensation for a major oil spill. The primary research question of this dissertation is: Is SA’s civil liability regime consistent with, aligned with and adequate in light of, the international civil liability regime? In order to answer the abovementioned research question, this dissertation adopts the following structure: It is divided into five chapters which will follow one another as the civil liability regime is being unpacked and analysed. Chapter 1 contains an introduction, background, and sets out the scope and limits of this topic; It furthermore provides a brief literature review on civil liability to aid in understanding the main topic of this dissertation. In Chapter 2 it will be beneficial to look at the brief history behind the international regulation of marine oil pollution in order to grasp the reasoning behind the existing international regime. Therefore, the international history will first be addressed, and thereafter a comprehensive analysis of the various conventions that make up the international regime will be done. There will also be an indication of certain inadequacies which may be contained therein, before concluding and moving the focus to SA in the next chapter. It will then be of importance to address SA’s liability regime critically. In Chapter 3 the new marine pollution acts are dissected whilst keeping in mind the broad themes that originate in the international conventions. This third chapter also addresses whether the MSCLC act has strengthened the South African regime and whether SA will have access to the compensation funds after the enactment of the IOPC Fund Act. Chapter 4 will accordingly look at the laws of general application in SA with a view of ascertaining how these laws complement the civil liability regime and how reliance on them could improve the South African regime. Furthermore, recommendations will be made with regards to improving SA’s regime. Finally, this dissertation will come to a conclusion in Chapter 5 which will also briefly summarise the findings of the previous chapters.