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Decentralisation of water resource management : a comparative review of catchment management authorities in South Africa and Victoria, AustraliaMokoena, Karabo January 2015 (has links)
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.
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Poaching in context: a critical review of the role that corruption and criminal syndicates play in wildlife crime in South Africa, specifically in so far as it relates to the poaching of rhinocerosStrydom, Tanya January 2017 (has links)
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.
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Not in my backyard: the obligation to grant places of refuge to ships in need of assistanceJachs, Brent January 2016 (has links)
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.
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The challenge of creating an effective and equitable legal regime to cover transboundary protected areas considering the challenge through the lens of the Great Limpopo Transfrontier ParkBishop, Davide January 2013 (has links)
Includes bibliographical references. / Contemporary recognition of the need to expand existing protected area systems has culminated in the formulation of the Strategic Plan for Biodiversity 2011-2020 by the parties to the Convention on Biological Diversity (CBD). This Strategic Plan incorporates 20 ambitious 'Aichi Biodiversity Targets'; with Target 11 specifically requiring that by 2020 'at least 17 per cent of terrestrial and inland water and 10 per cent of coastal and marine areas are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas, as well as, other effective area-based conservation measures, and integrated into the wider landscape and seascape.' Target 11 requires compliance with a number of preconditions, two of which will be discussed in this dissertation. First, well-governed protected areas provide an established mechanism for both safeguarding habitats and populations of species, as well as, delivering important ecosystem services. It is, therefore, imperative that governance and planning measures are implemented effectively and equitably. Secondly, protected areas are required to be well-connected to the wider landscape through the use of corridors and ecological networks facilitating connectivity, adaption to climate change and the application of the ecosystem approach. Transboundary Natural Resource Management (TBNRM) provides a unique opportunity for realising both conditions.
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The international convention for the control and management of ships' ballast water and sediments 2004: a critical appraisalEmmanuela, Kadiri Temitope 22 August 2023 (has links) (PDF)
Oceans cover more than 70 per cent of the earth's surface, and over 60 per cent of human population resides along the coast. A significant proportion of human protein supply comes from the sea, while the majority of global biodiversity and over 97 per cent of the biosphere is marine and is unknown. Invasive marine species are one of the four major threats to the world's oceans; the other three major threats are land-source marine pollution, over-exploitation of living marine resources and physical alteration and destruction of habitat.
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The international convention for the control and management of ships' ballast water and sediments 2004: a critical appraisalEmmanuela, Kadiri Temitope 22 August 2023 (has links) (PDF)
Oceans cover more than 70 per cent of the earth's surface, and over 60 per cent of human population resides along the coast. A significant proportion of human protein supply comes from the sea, while the majority of global biodiversity and over 97 per cent of the biosphere is marine and is unknown. Invasive marine species are one of the four major threats to the world's oceans; the other three major threats are land-source marine pollution, over-exploitation of living marine resources and physical alteration and destruction of habitat.
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The merits of the regional seas: programme for Southern AfricaJepkosgei Boss, G 16 September 2023 (has links) (PDF)
Regional Programmes for the Protection of the Marine Environment began with agencies and organisations that were mainly scientific in nature. These early organisations were research - oriented and although they could recommend action they had no regulatory powers, nor could they initiate any action. The oldest of such organisation is the International Council for the Exploration of the Sea (ICES) established in 1902. It was active in the North Atlantic and Baltic Sea areas carrying out scientific studies with investigations concerning exploitation of living and non-living marine resources. ICES later became involved with marine pollution studies and as a result set up a committee in 1960 to deal with it. In 1967 ICES set up a working group. This was one of the first signs of regional co-operation regarding the environment. Another such organisation was the Inter-Governmental Maritime Consultative Organisation (IMCO) now International Maritime Organisation (IMO).
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The international convention for the control and management of ships' ballast water and sediments 2004: a critical appraisalEmmanuela, Kadiri Temitope 22 August 2023 (has links) (PDF)
Oceans cover more than 70 per cent of the earth's surface, and over 60 per cent of human population resides along the coast. A significant proportion of human protein supply comes from the sea, while the majority of global biodiversity and over 97 per cent of the biosphere is marine and is unknown. Invasive marine species are one of the four major threats to the world's oceans; the other three major threats are land-source marine pollution, over-exploitation of living marine resources and physical alteration and destruction of habitat.
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The sale and shipment of coalCallaghan, Hugh Leland John 13 September 2023 (has links) (PDF)
The Coal Industry in South Africa exported 54,5 million tons in 1993, providing R4,2 billion in export revenues, second only to gold. Apart from small parcels of coal exported through Durban and Maputo, coal is exported through the Richards Bay Coal Terminal. As new producers such as Indonesia, Columbia and China enters the International Market, equally (and sometimes better) placed than South Africa to penetrate markets in Europe and the Far East, the South African Coal Industry cannot afford to damage its' competitive position through accusations of "hot coal" problems. In this thesis, the phenomenon of spontaneous healing, combustion and methane emission from coal cargoes, will be discussed, and the F.O.B. sales of coal will be commented upon.
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Lloyd's open form 1980 and 1990: born of necessity, has it succeeded?Shadel, Tendresse N'Deyh 15 September 2023 (has links) (PDF)
In earlier shipping days, salvage services were often provided to vessels and maritime properties in danger at sea by individual acts. This was done without salvage contract between the parties. The recent availability of instantaneous means of communication and especially motor driven vessels has resulted in services in the nature of salvage having come to be governed frequently by an agreement in which both the provider and the recipient have been held to owe duties to each other. A factor contributing to this development was the introduction of· Standard Forms of Salvage Agreements. These provided for quantification of the salvor's remuneration by arbitration if it could not be agreed upon by the parties.
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