This paper will look at whether the legislation passed in South Africa aimed at preventing and prohibiting oil pollution, as well as current civil liability regimes for oil pollution accidents are adequate or if they fail to meet the standard required by international law. For instance, compensation for the damage and harm caused to the environment is vital in order to restore the sea and prevent further accidents. In terms of civil liability, South Africa ratified the Convention on Civil Liability, but failed to enact domestic legislation in terms of the Convention to regularly update current legislation so that the standards are high and enforceable in national law. The result was that South Africa was left financially unprepared to deal with future oil spills and prevention thereof.

The goals of conserving nature have changed over the last decades, but setting aside areas for nature protection is still a major part of environmental efforts globally. Protected areas often include indigenous and local communities' territories, and although indigenous rights have been strengthened through international policies and laws, conflicts over land entitlement are still common. A couple of notable events internationally in the context of Human Rights and nature conservation discourses have marked a significant shift in the attitudes and approaches to the role of indigenous people and local communities in natural resource governance. Contemporary approaches enable them to define themselves and to own and manage land and natural resources. Domestic policy makers are faced with the challenge of creating national laws and policies to implement this contemporary approach. This thesis looks at the concept of ICCAs as a tool for facilitating participation of indigenous and local communities in natural resource management. It begins with an analysis of the form, nature, origins and value of ICCA's- and specifically key legal elements which should ideally be included in a legal framework to give domestic effect to them. This analysis indicates that in order to recognise and protect the indigenous people and local communities and for ICCAs to be a success, their land tenures and resource rights have to be legally secured, they have to be deliberately involved in management of natural resources and they have to enjoy the benefits that arise as a result of their input and use their traditional knowledge to protect and conserve natural resources. The dissertation then turns to consider whether these elements are present in Kenya's legal framework. 2010 is used as a benchmark because of the significant reform introduced giving an edge in the way indigenous people and local communities and their contribution to natural resource management were recognised.

REDD+ has emerged as one of the governance approaches to address climate change. It calls for developing countries to take part in a second commitment period for a post-2020 climate change regime under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC) and outside the UNFCCC. The goal of REDD+ is that host countries will receive, inter alia, financial compensation if they choose to conserve their forests rather than convert them to non-forest land use. Such compensation is for significant emission reductions which are reasonably attributable to human activities. This implies that REDD+ implementation at a domestic level will require allocation of burdens and benefits. In light of this implication, many scholars suggest that the design of the policy and legal framework to this effect must strike a balance between equity, environmental effectiveness and costeffectiveness (commonly referred to as the 3Es) to be deemed successful. Against this background, this thesis questions: what is the optimal (and feasible) model legislative framework sufficient to implement REDD+? It argues that REDD+ should be defined as a self-regulatory system. This view directs attention toward a distinctive regulatory framework. Thus the thesis suggests that one possible legal framework that holds that potential in Tanzania and Indonesia is reflexive law. The research draws on international best practice and numerous innovative governance models from different fields and proposes essential elements to substantiate its position. This study reflects REDD+ developments up to 31 December 2015.

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.