Industrial fishing practices and market-demand for shark products (in particular meat and fins) are decimating shark populations in many parts of the world, threatening stock collapses, species extinctions and broader ecological impacts. This dissertation explores the development of the international legal regime applicable to the conservation and management of sharks, and seeks to document and provide a critical analysis of the fisheries management and conservation instruments and measures that apply or can be applied to sharks. This is followed by a review and critical analysis of the South African legal regime applicable to the conservation and management of sharks, which to the writer’s knowledge has not been clearly documented in referenced research. Both the international and South African regulatory regimes relating to the conservation and management of sharks are characterized by fragmentation, lack of co-ordination and enforcement challenges that risks duplication of effort and regulatory gaps. However, it is argued that the existing mix of hard and soft law instruments does provide a suite of regulatory options, guiding principles and frameworks which, if effectively coordinated, refined, implemented and enforced, could go a long way towards protecting sharks from overexploitation internationally and within South African waters. It is argued that the precautionary and ecosystems approaches need to applied at both a national and international level to ensure that shark are managed in an ecologically sustainable manner. Where appropriate, a moratorium (or at least a significant limitation) on the killing of sharks (through both directed and by-catch fisheries) should be imposed until such time as sufficient scientific data is available to demonstrate that shark fishing does not pose a significant risk of serious or irreversible harm. It is argued further that South Africa needs to make a serious commitment to improving shark conservation and management measures by making sufficient human and financial resources available to achieve its shark conservation and management objectives, and that the fragmented national legal regime could be enhanced and rationalised by promulgating a single shark-specific regulation that deals specifically with the conservation and management of sharks. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2014.

The Clean Development Mechanism (CDM) is the only mechanism available for use by developing nations. It is there for highly important for the inclusion of these developing nations in the climate change regime. A consideration on the early implementation of the CDM in South Africa and China, being two countries with many similarities and differences and vastly different successes, provides important lessons on how to approach the climate change regime. Certain barriers exist purely due to the nature of countries in which the CDM applies as well as other barriers found within the CDM project life cycle and development. Through the comparison these barriers are explored and areas for development within South Africa are noted as well as weakness with the current climate change regime particularly the Kyoto Protocol. / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

Indigenous communities have developed a wealth of knowledge, which plays a crucial role in providing leads for the use of genetic resources and bioprospecting. However, such knowledge is under increasing threat due to the misappropriation of the biological resources and associated traditional knowledge of indigenous communities, through both bioprospecting, as well as the inappropriate exercise of intellectual property rights. The internationally agreed Convention on Biological Diversity (CBD) attempts to provide a bulwark against biopiracy and although it assists indigenous communities to regain some control, the CBD has proven inadequate in the protection of the traditional knowledge of indigenous communities. The subsequent Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (Nagoya Protocol) attempts to address some of these limitations but unfortunately has its own shortcomings, as it was largely concluded on the basis of a compromise between developed and developing countries. This dissertation will undertake a critical analysis of the provisions of the CBD and Nagoya Protocol, with a view to establishing the level of protection these instruments afford indigenous communities. It will be shown that notwithstanding the drawbacks of both the CBD and Nagoya Protocol, they nevertheless represent major achievements in the journey to protect the genetic resources and associated traditional knowledge of indigenous communities. It is in this context that this dissertation will analyse South Africa’s Access and Benefit Sharing (ABS) regime in relation to the protection it affords indigenous communities and in the light of the implementation challenges that such legislation presents. A particular focus will be on whether South Africa’s ABS legislation complies with the country’s international obligations relating to the protection of indigenous communities and whether South Africa’s approach to the protection of the genetic resources and associated traditional knowledge of indigenous communities, in the context of bioprospecting, is adequate or whether there exists potential for its enhancement. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

No abstract available. / Thesis (M.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2010.

South Africa is a dry, water-stressed country which faces many water management challenges. Some of these challenges are unique to South African freshwater resources management while others are conventional water management problems. In light of these water management problems it is important that South Africa manages its scarce water resources effectively and efficiently. Integrated Water Resources Management (IWRM) is regarded internationally as the best way to manage freshwater resources as it provides for the holistic management of land and water while taking into account various other factors such as sustainable development. Although there have been some difficulties in finding international consensus on the precise meaning of IWRM there are a number of defining aspects which are common place in the development of this concept. From an analysis of environmental law and policy relating to freshwater resources it is clear that South Africa has included many of these aspects of IWRM into its own freshwater resources management. In fact there are few short comings in the provision for IWRM under South African law and policy. South Africa’s problems, however, lie in the implementation of its provision for IWRM. By looking at various reports, statistics, strategies, commentaries and other documents relating to the status of freshwater resources it becomes clear that although progress has been made in realising implementation of South Africa’s water law since 1994 there are still many core areas of freshwater management which are far from being implemented. If South Africa is to achieve true IWRM it will need to address its implementation short comings. / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.