The coastal zone represents an endemic ecosystem of geomorphic complexity, characterised by its dynamic state of transition and increasing sensitivity. It is widely acknowledged that the environmental complexities and distinctiveness of this area is an attribute matched only be its attractiveness for human settlement and resource utilisation. Viewed through an environmental lens, the proliferation of urban coastal development is, however, diminishing coastal resilience to an extent that is both unsustainable and injudicious. In this context, proper management of the coastal zone necessitates the application of integrated land use planning mechanisms responsive not only to the ecological dynamics of a land-sea interface, but also to the increasing pressures of human use and development activities. This dissertation identified set-back lines or coastal management lines (CMLs) as a regulatory mechanism that essentially conforms to such criterion. South Africa is currently experimenting with implementing the provisions in the National Environmental Management: Integrated Coastal Management Act 24 of 2008 (NEMICMA), which provides for CMLs as a key tool for promoting integrated coastal management. The aim of this dissertation was to critically review the domestic legal framework and experience to date in implementing this scheme. Owing to the novelty of CMLs in the South African jurisdiction, a reference point or legal backdrop was necessary to critically evaluate the peculiarities and potential of the NEMICMA framework. For this reason, this dissertation undertook a critical and comparative study on the regulation of CMLs in both South Africa and selected Euro- Mediterranean states, namely France, Spain and Greece.

The purpose of this dissertation is to undertake a critical and comparative review of South Africa and Germany's legislation and jurisprudence of relevance to facilitating public interest environmental litigation through the liberalisation of locus standi requirements. The dissertation presents the theoretical framework and explains the origin of public interest litigation and defines the term and its growing impetus in the environmental context. It further examines the term locus standi and the inherent link of public interest litigation with the liberalisation of locus standi requirements. Furthermore, it presents the theory behind the key elements which kind of interest is sufficient to found locus standi, which persons/entities are accorded locus standi, and which procedural issues such as environmental costs relate to locus standi. Regarding South Africa, the dissertation demonstrates how the traditionally restrictive approach regarding locus standi entirely changed with the adoptions of the 1994 Interim and 1996 Final Constitutions and the 1998 NEMA, which have broadly enhanced plaintiffs litigating in the public interest in environmental matters. Apart from the pre-Constitutional context and the current legal framework, it evaluates the new approach with reference to court decisions and how these have addressed the aforementioned key elements influencing locus standi. Regarding Germany, the dissertation examines how its legal system, historically always focused on the protection of individual rights, has been extensively influenced by both international law such as the Aarhus Convention and European Union (EU) law, which have both promoted wider access to courts in environmental litigation. This part also examines both the legal framework and court decisions and the issue of how these court decisions have dealt with the three key elements. While the dissertation concludes that South Africa has liberalised its locus standi requirements in a more consistent manner, it argues that the liberalisation of locus standi requirements has not opened the often-feared floodgates in both jurisdictions. The dissertation presents the specific lessons Germany can learn from South Africa to facilitate public interest environmental litigation. On the one hand, it can learn from South Africa's clear and ambitious legal framework and from its mostly correspondingly progressive court decisions as well, while on the other hand some court decisions do not follow suit. Furthermore, the dissertation also illustrates the significant obstacles to implementing these lessons in Germany. Regarding the range of plaintiffs that are accorded locus standi, it argues that neither international nor EU law have demanded Germany to implement such a wide extension of locus standi requirements as in South Africa. Concerning the kind of interest plaintiffs must show, Germany is under no obligation to give up its focus on the protection of individual rights entirely either. Regarding this issue and the issue of environmental costs, the dissertation concludes that in Germany there is still urgent need for reforms such as properly implementing the Aarhus Convention, though.

The African lion is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, some even believe there to be as little as 15 000, left. This decline is mainly due to threats arising from habitat loss, retaliatory and traditional killing, the trophy hunting industry and trade related issues. Consequently, African lions are listed as 'vulnerable' on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an 'endangered' status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level, allows for more uniform action, implementation and enforcement of legislation at regional and local levels. This dissertation looks at each threat to the African lion population in detail. Then, an assessment is made as to whether there is an international legal regime pertaining to each of these threats, and whether that regime is adequate. There has been an increase in arguments that the international legal framework pertaining to the African lion is in fact unacceptable for the protection of the species. This dissertation provides some clarity on the current international and regional legal regime pertaining to the African lion, and addresses both the positive and negative aspects of this regime. Consequently, it is found that the international legal regime for the African lion is ineffective in achieving their protection and survival. Recommendations are made on what needs to change, and the best way forward, through an international legal lens. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. African lions are already regionally endangered in some parts of Africa, and the threats to the species are only increasing. Therefore, it is obvious that some legal changes need to be made, to ensure greater protection of the African lion, at an international level.

The quality of South Africa's raw potable water resources is severely impacted by eutrophication (nutrient enrichment). As much as two-thirds of the reservoir impounded resource may be affected. Wastewater effluents and/or the integration of wastewater return flows as part of the water balances of many reservoirs constitute the primary source of this nutrient pollution. South Africa's historical awareness and understanding of the eutrophication threat to surface waters is comparable with that of other, similarly-afflicted, countries. In particular, the need to manage phosphorus was recognised as early as 1962 when South Africa promulgated one of the first (global) regulations for phosphorus in wastewater effluents. More recently, eutrophication has been ranked as a high priority by the the National Water Resource Strategy. Despite this background, phosphorus removal from wastewater effluents in South Africa remains virtually unregulated. Additionally, there is no resource-directed protocol for the accounting of all sources of phosphorus (or other pollutants) at a catchment level, rendering problematic, if not impossible, the fair and equitable allocation of levies on wastewater discharges. This dissertation examines how wastewater-originating eutrophication is regulated in the USA and Europe, with phosphorus as a central focus. A comparative assessment of the equivalent situation in South Africa is provided and the shortcomings of the latter highlighted. As a solution, I suggest an equitable and transparent scheme of pollutant accounting by individual source, ideally suited to the allocation of waste discharge levies. Applied against a specific resource requirement, for example an identified need to reduce phosphorus in a particular reservoir, this approach also provides a legally sound scheme for pollutant load regulation and permitting.

It is estimated that the eighth largest resource of shale gas reserves in the world is in South Africa. The proposed extraction of shale gas using hydraulic fracturing requires great volumes of water and many hazardous chemicals which also risks water pollution. This can add to water stress because the Karoo is a semi-arid and drought prone region. In this study I will, after taking into account that South Africa receives an average annual rainfall of almost half the international annual rainfall, answer the question on whether the fracking process is a risk worth taking by measuring the process to the underlying principle of sustainable development. The world is faced with challenges in all three dimensions of sustainable development (economic, social and environmental). More than 1 billion people are still living in extreme poverty, and income inequality within and among many countries has been rising; at the same time, unsustainable consumption and production patterns have resulted in huge economic and social costs and may endanger life on the planet. In this minor dissertation, sustainable development will be defined explained and examined, looking at environmental sustainability as well as an in depth look at the underlying principles of sustainable development, examining the advantages and disadvantages of each. However, because the first step in making sustainable development more concrete is the formulation of legal principles, I will analyse the South African legal framework governing fracking as a process. In this minor dissertation it is found that the disadvantages outweigh the advantages within the three spheres of sustainable development.

Includes bibliographical references. / In South Africa, as with the rest of the world, pollution presents a major threat to the environment and thus to the intimately linked social and economic facets of society. The very notion of sustainability is premised on the inextricability of socio-economic demands and the capacity of the environment to support and sustain such demands. It is trite that without a healthy environment there is no future but if there is a future, then access to ecosystem services in it will become an increasingly critical factor for economic resilience and success. Prevention of pollution is thus of critical importance. The focus of this thesis is on one form of pollution in particular, namely, pollution resulting from petrochemicals leaking from underground storage tanks (“USTs”) situated at fuel retailer outlets and truck stops. These hazardous substances can contaminate nearby groundwater and soil causing a multitude of problems including the contamination and degradation of water and soil in the surrounding areas. Although these tanks constitute potentially devastating environmental hazards, the problem is easily addressed through proper regulation and governance and the adoption of practical guidelines informed by countries with the relevant knowledge and expertise. The South African government has the power to mitigate against and prevent this kind of harm through coordinated policies, integrated management and sound financial planning. In the concluding chapter on this study, recommendations for the drafting and implementation of such measures will be provided.

The earth and its inhabitants face significant environmental challenges. So far, the existing legal attempts have failed to address these challenges. The development of the last decades shows that the state of the environment has steadily worsened. Therefore, it is essential to explore new approaches. The concept of rights of nature offers a new legal perspective for creating a more effective approach to environmental regulation than traditional anthropocentric approaches. Rights of nature form part of a relatively new movement called Earth Jurisprudence which calls for a fundamental rethink of law. The concept of rights of nature requires that nature be accorded its own legal right. In order for rights of nature to be effective, their implementation must consider and overcome several procedural and substantive challenges. This dissertation explains the origins, form and nature of existing domestic rights of nature, and then critically analyses the main procedural and substantive challenges for their effective implementation in domestic legal frameworks. The most crucial procedural constraints are standing and representation of rights of nature whereas the most problematic substantive challenges are to define the scope of the right and to balance rights of nature with other rights. Having unpacked these challenges, the dissertation then explores possible solutions to overcome them. It comes to the conclusion that – amongst others - the key prerequisites for an effective implementation are to establish rights of nature as a constitutional right and to concisely define its content. Finally, the dissertation provides a set of guidelines for effectively implementing rights of nature into a domestic legal regime as well as a proposal for the wording of a rights of nature norm.

By the adoption of Integrated Water Resource Management (IWRM), South Africa has significantly changed its water management regime and the institutions governing water in this country. These changes were first introduced by the National White Policy Paper on Water in South Africa in 1997 and subsequently the National Water Act in 1998. One of the key components of IWRM is the decentralisation of water management to a regional or catchment level and the introduction of public participation in the water management sector. With the enactment of the NWA South Africa incorporated IWRM in its legal system and a decade on, authorities are now turning to its implementation. The NWA introduces Catchment Management Agencies (CMAs) in water management and gives them authority over water management at a catchment level. Initially there were nineteen (19) and this number has since been reduced to nine (9) due to a number of factors. South African authorities are now seeking ways in which they can effectively decentralise water to a catchment level, including delegating and assigning some of the functions currently held by the Minster to CMAs. Using Victoria, Australia as a comparative study, this study investigates how water management can best be decentralised to a catchment level; it starts off by investigating the theory of decentralisation and its pros and cons; then sets off to investigate water management has been decentralised in Australia from the national level, to state level and catchment level; it then investigates the role of Rural Water Authorities in Victoria and compares them to Catchment Management Agencies in South Africa. Finally the work highlights the water management regime and the various stakeholders in water management South Africa from a national level to a catchment level and the challenges facing South Africa in term of WRM; and then makes recommendations and a conclusion based on its research findings and the South African socio-economic and political context.

Wildlife crime is a longstanding problem. People have always considered living and non-living species as resources and tradable products used for pure economic gain, which then has a negative effect on biodiversity. In addition, wildlife crime involves poachers; armed non-state actors from source nations; international crime groups; institutional corruption across global network chains and a range of players involved in demand countries, which range from organized criminal syndicates, non-state actors and legitimate authorities. States and the International community are responding to wildlife crime in the form of law enforcement and regulatory initiatives. The question therefore arises, why does wildlife crime persist and what is the driving force behind these crimes and the people involved. For example, despite the broad legislative framework, the enforcement or rather lack thereof seems to be the reason that South African rhinos are still facing destruction. This paper aims to evaluate what the relationship is between wildlife crime with rhino poaching as a focus point, corruption and organised crime. It discusses the current enforcement framework, and investigates why the enforcement framework is not supporting the legislative framework. Lastly practical and structural solutions will be discussed and evaluated.

Oceans cover 70% of the world's surface and are a source of 90% of the world's biomass. Oceans provide the world's populations with food and facilitate international trade in goods. The shipping industry is a notable source (although not leading source) of marine pollution both from operational discharges and maritime incidents. With a vast number of ships navigating the world's oceans the impact of maritime incidents, especially of bulk carriers of oil, on the marine environment can be devastating. Ships which become distressed often attempt to find a 'place of refuge', being nearby port or a sheltered area within the territorial waters of a nearby coastal state. Traditionally these ships in distress had the customary law right of entry into port in order to ensure that persons on board could be saved. This position seems to have changed in the modern age. With the advancement of modern technology persons on board can be saved without bringing the distressed ship into port. In addition, these ships in distress present a serious risk to the marine environment within the waters of the coastal state. Coastal state practice seems to indicate that coastal states prioritise the preservation of their own sovereign waters over the needs of the particular ship in distress, especially where there is no risk to human life. It would seem that the traditional customary law rights of ships in distress do not apply to circumstances where there is no risk to the persons on board and where there is only a risk to the marine environment. These ships are now commonly called ships in need of assistance and are differentiated from ships in distress due to the fact that the risk is one to the marine environment and not to human life. The result of the refusing places of refuge creates the problem of ships in need of assistance as such ships proceed to beg for entry from other nearby coastal states usually being refused along the way. Through the discussion of notable maritime incidents of this nature it will be shown that such refusal of entry by coastal states into a place of refuge is a leading factor that increases the probability of a maritime incident occurring and thereby increasing the likelihood of damage to the marine environment. The concept of state sovereignty has been utilised as a justification for coastal states refusing entry into a place of refuge. This dissertation will discuss the concept of coastal state sovereignty paying particular attention to the legislative and enforcement rights of coastal states in the regulation of pollution and the protection of the marine environment. The international community has long since recognised that the protection of the marine environment is a general state duty and a principle of international customary law. The duty to protect and preserve the marine environment guides, informs and restricts coastal state action. This dissertation analyses the relationship between sovereignty and the duty to protect the marine environment in the context of ships in need of assistance in modern international law. This dissertation seeks to conclude with an overall analysis of the current customary and modern international law rights of ships in need of assistance in order to determine whether coastal states are obliged to grant places of refuge. The IMO Guidelines will be discussed to analyse whether same add any value to the problem of ships in need of assistance and to what end such guidelines indicate further development on this issue.